English Law In Malaysia

Of these three major periods were largely responsible for shaping the current malaysia system.

English law in malaysia. It was also further emphasize that once the law of england was introduced in any state no other law would be enforced except the english law. Of these three major periods were largely responsible for shaping the current malaysia system. Federal laws enacted by parliament of malaysia that apply throughout. Haniwarda binti yaakob course name and code.

This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. Second was the spread of islam in the indigenous. Irrespective of which side of the argument one may take the truth is that malaysia s links. Application of english statute in malaysia under civil law act 1956 contents 1 introduction.

Therefore although english law can be applied in malaysia it is clear that it does not supersede malaysian law it is a mere supplement. 3 2 general application of english law based on section 3 civil law act 1956. Uuuk1053 pengenalan kepada sistem undang undang malaysia 1 topic. English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof.

Therefore the english law cannot be the lex loci. The law of malaysia is mainly based on the common law legal system. The reception of english law in malaysia. Introduction malaysian legal history has been determined by events spanning a period of some six hundred years.

In terms of civil law sections 3 5 of civil law act allows the application of english law and equity rules in malaysian civil show more content. There is an express rule found in section 6 of the civil law act that no english land law is concerning tenure conveyance or succession to any immovable property will be applied in malaysia instead the national land code governs land matters. That qualification concern the extend to which english law is applicable. In other words english law was introduced to penang through the first charter of justice in 1807.

The application of english law in civil and criminal cases is specified in statutes. The first was the founding of the malacca sultanate at the beginning of the 15th century. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. The cla 1956 is the current statuory authority for the application of english law in malaysia.

The reception of english law in malaysia introduction malaysian legal history has been determined by events spanning a period of some six hundred years. The debate on whether malaysia needs to sustain strong links with english law is likely to continue.