Sources Of Malaysian Law
Law includes written law the common law in so far as it is in operation in the federation or any part thereof and any custom or usage having the force of law in the federation or any part thereof.
Sources of malaysian law. She continues to teach part time at the university. Refer to the article 160 of the federal constitution. It provides for a democratic system of government and the powers of the federal and state governments. Sources of malaysian law unwritten law written law act federal enactmen state constitut ordinance ion subsidiary law english law syariah law quran hadith sunnah qiyas judicial decision customary law west malaysia adat temenggong adat pepatih chinese hindu customary.
Sources of malaysian law the three sources of malaysian law. Introduction to the malaysian legal system and sources of law by dr. Religious practices and beliefs local customs and the opinion of jurists. In 1965 singapore left malaysia and became an independent state.
Historical sources factors that have been influential in the development of the law but themselves are not recognized as law. Definition of law includes the common law in so far as it is in operation in the federation or any part thereof. In malaysian legal system the most important source of law is the written law which comprises of the federal constitution state constitutions legislation and subsidiary legislation. The sources of malaysian legal system law are from two different laws which are the written and unwritten law.
The malaysia act 1963 created the state called malaysia which is made up of eleven states of the former federation of malaya sabah sarawak and singapore. Sources of malaysian law j07 q1 written lawthe federal constitution is the supreme law of malaysia. The sources of malaysian legal system law are from two different laws which are the written and unwritten law. To what extend the english law is applicable refer to section 3 and section 5 of the civil law act 1956.
Textbook and authorities for example in the united kingdom textbooks by coke and blackstone are recognized as a. In malaysian legal system the most important source of law is the written law which comprises of the federal constitution state constitutions legislation and subsidiary legislation. In the case of mokhtar v arumugam 1959 mlj 232 smith j in a dictum said that the court could not award damages in the nature of interest for delay in the return of specific goods on the basis that such relief had been provided by section 29 of the civil procedure act. However malaysian government can set their own scope for the amended or repealed common law and law of equity in malaysia.
Sharifah suhanah syed ahmad dr sharifah suhanah syed ahmad retired as an associate professor of the faculty of law university of malaya kuala lumpur malaysia in october 2013. 3 3 case law as a principal source of law. English law is part of malaysian law.