Sources Of Unwritten Law In Malaysia

3 3 case law as a principal source of law. The sources of malaysian law means the legal rules that make the laws in malaysia which can be classified into written and unwritten law. As a result the chinese and hindu customary laws have lost its effect as an important source of unwritten law in malaysia.

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Sources Of Law In Malaysia

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Sources Of Law In Malaysia

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A historical sources religious belief local customs opinion of jurists historical development.

Sources of unwritten law in malaysia. The statelegislatures have the power and are permitted to make islamic laws pertaining to persons professing the islamreligion. 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. Written law is the law that has been enacted by the parliament and state legislative assemblies. 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.

It refers to the laws contained in the federal and state constitutions and in a code or a statute. B legal sources formal sources that make law. Sources of law in malaysia indicator. Written islamic sources of malaysian unwritten law consists of.

In malaysia the main sources of law can classify into written law and unwritten law. Two sources of unwritten law the common law and use of adat was adopted into malaysian law through article 160 which says. Source of law can be found in. It is made up by the federal constitution state constitution legislation and subsidiary legislation.

As a result the chinese and hindu customary laws have lost its effect as an important source of unwritten law in malaysia. Sources of law in malaysia unwritten law structure consist of judicial. Constitution legislation subsidiary legislation customary english judicial decision jurist writing. In 1965 singapore left malaysia and became an independent state.

The sources of malaysian legal system law are from two different laws which are the written and unwritten law. 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. Written law is the most important source of law. Islamic law which is only applicable to muslims isenacted under the federal constitution.

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.