Early Legal Systems Prior to colonization by western powers, a form of rudimentary, tribal legal system was said to exist on the Peninsula. Although their laws were primitive and unwritten, their organizational abilities were adequate and served as a model for later Malay villages or kampongs. For example, the head of the village or penghulu was an organizational social structure derived from the Negrito tribe.
Malaysian legal history Adat customary practices and tradition provided Malay law before colonization. Prior to the independence inmost of the laws of United Kingdom were imported and either made into local legislation or simply applied as case laws.
Malaysian law is also based on other jurisdictions namely Australia and India. Similarly, the Contracts Act is based on the Indian model. Malaysian land law is based on the Australian Torrens system. The Federal Constitution is the supreme law of the land.
It provides the legal framework for the laws, legislation, courts, and other administrative aspects of the law. It also defines the government and monarchand their powers, as well as the rights of the citizens.
Dual justice system[ edit ] The dual system of law is provided in Article 1A of the Constitution of Malaysia. Article 3 also provides that Islamic law is a state law matter with the exception for the Federal Territories of Malaysia. The court is known as the Syariah Court. Looking at the Malaysian legal system as a whole, sharia law plays a relatively small role in defining the laws on the country.
It only applies to Muslims. With regards to civil law, the Syariah courts has jurisdiction in personal law matters, for example marriage, inheritanceand apostasy.
In some states there are sharia criminal laws, for example there is the Kelantan Syariah Criminal Code Enactment Their jurisdiction is however limited to imposing fines for an amount not more than RMand imprisonment to not more than 3 years.
In Augustthe then Chief Justice of Malaysia proposed to replace the current common law application in Malaysia with sharia law. Status of religious freedom in Malaysia Complications have arisen with regard to the dual justice system, for example with regard to freedom of religion.
Article 11 of the Constitution provides that "Every person has the right to profess and practice his religion". However, in the case of Lina Joy —a Malay who converted to Christianity—the Federal Court of Malaysia refused to allow her to change her religion indicated in her identity card MyKad.
The judges held that they had no jurisdiction on the matter—that it was a matter of the Shariah Court, as indicated in Article 1A of the Constitution.
Federal law and state law[ edit ] The Malaysian Parliament Building. Federal laws are made by legislators members of Parliament and senators sitting in the Parliament of Malaysia and applies nationwide. Federal laws are known as Acts of Parliament. State laws are made by assemblymen sitting in the State Legislative Assembly Dewan Undangan Negeri and only applies in the particular state.
State laws are often referred to as enactments or ordinances. Article 75 of the Constitution states that a federal law shall prevail over any inconsistent state laws, including sharia laws.Malaysian Legal System (EMT ) INTRODUCTION TO MALAYSIAN LEGAL SYSTEM, THE CONCEPT AND SOURCES OF LAW The word law is so difficult to define, particularly as it is used in many different ways.
The Malaysian law is based on the common law legal system. It was the direct result of the colonization of Malaya, Sarawak and North Borneo by Britain between early s to caninariojana.com Constitution of Malaysia sets out the legal framework and rights of Malaysian citizens.
chapter 1: Introduction to Malaysian legal system. Uploaded by dieyla subtopic: 1.
Introduction to the Malaysian Legal System What is law? Sources of Law Separation of powers Enforcement of Law English Law Classification of Law legal sources/rules that make up the law in Malaysia Malaysian law can be classified into written and unwritten law as well as Islamic law. Introduction to the Malaysian Legal System What is law? Sources of Law Separation of powers Enforcement of Law English Law Classification of Law legal sources/rules that make up the law in Malaysia Malaysian law can be classified into written and unwritten law as well as Islamic law. The Charter is the most significant event in Malaysian legal history as it marked the beginning of the statutory introduction of English law into this country. The Charter established the Court of Judicature of the Prince of Wales' island (as Penang was then known) to exercise jurisdiction in all civil, criminal and ecclesiastical matters.
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Introduction to the Malaysian Legal System What is law? Sources of Law Separation of powers Enforcement of Law English Law Classification of Law legal sources/rules that make up the law in Malaysia Malaysian law can be classified into written and unwritten law as well as Islamic law.
UPDATE: An Overview of Malaysian Legal System and Research. By Shaikh Mohamed Noordin and Shanthi Supramaniam. Shaikh Mohamed Noordin has more than twenty years of experience in law librarianship.
He has been a librarian in several law firms in Kuala Lumpur and currently with Belden Advocates and Solicitors as a Library Consultant.