English Law In Malaysian Legal System

The legal system of malaysia is mixed muslim law common law customary law.

English law in malaysian legal system. English law is applied in malaysia is through the common law. It refers to the laws contained in the federal and state constitutions and in a code or a statute. The judicial review of legislative acts in the supreme court of malaysia is at request of the supreme head of the federation. Malaysia s legal system comprises laws which have arise from three significant periods in malaysian history dating from the malacca sultanate to the spread of islam to southeast asia and following the absorption into the indigenous culture of british colonial rule which introduced a constitutional government and the common law.

The law of malaysia is mainly based on the common law legal system. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. The malaysian legal system is based on english common law. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s.

The answer is because the common law the doctrine of binding precedent or stare decisis is central to the english legal system and to the legal systems that derived from it such as those of australia canada and new zealand. Malaysian legal system law 416 introduction. Law has been imported into malaysian legal system not by case law but by codification in leg islation so much so that at present the volumes of statute law have become dominant compared to. Federal laws enacted by parliament of malaysia that apply throughout.

The sources of malaysian law means the legal rules that make the laws in malaysia which can be classified into written and unwritten law. The country has therefore an hybrid legal system of english common law islamic law and customary law.