Customary Law In Malaysia Essay
Uncodified also known as living law.
Customary law in malaysia essay. Even though both common law and civil law are widely used in the world some countries or cultures still retain their native customary law in addition to either the new common or civil law. Native customary is by definition intrinsic to the life and custom indigenous peoples and local communities. Besides that natives in sabah and sarawak have their own customary law which relates to the land and family matters. Every race has its own customs.
Sources of malaysian law malaysia has been practicing mixed law which includes customary law common law and islamic law. Malaysian legal system sources of law customary law 1. Uncodified also known as living law. Custbmagy law june 20g.
Malaysia legal history preview text chinese customary law in the early days of british administration chinese customary law had survived and administered by chinese headman or capitan. A pattern of behaviour accepted and expected conduct in a community. Customs are another important source of unwritten law. Under dusun customary law there are two types of division property ancestral property or pusaka and acquired property.
Custom law in malaysia 1928 words 8 pages. Wooolley was the resident of the interior for several years. Malaysian legal system sources of law customary law 1. Hindu and chinese customary law applied to the hindus and chinese respectively.
Lie applied 1n malaysia rclcrcncc in 12 12 th ctplam tlw applicatlun 15. Obligatory on those within its scope. Three momentous periods in malaysian history had contributed laws towards malaysia s legal system which were the malacca sultanate to the raise of islam to asia then the indigenous culture of british colonial rule introducing a constitutional government and the common law. After the establishment of law reform marriage and divorce act 1976 the family law has been given enforcement on matters of marriage divorce and inheritance.
Obligatory on those within its scope. A pattern of behaviour accepted and expected conduct in a community. The dusun customary laws in sabah the most well known codes on customary laws is the collection known as woolley s codes written between 1932 and 1937. Guesticn in uhar th.