Sources of malaysian legal system

Malacca was believed to have received Islam in the early fifteenth century. Dual justice system[ edit ] The dual system of law is provided in Article 1A of the Constitution of Malaysia. There are instances where Australian, Indian, and Singaporean cases are used as persuasive authorities.

In the case of Regina v Willans[12] the court would not accept Penang as an inhabited territory when it was ceded to the East India Company by the Sultan of Kedah. The Federal Constitution consists of many Articles prepositioning religion of the federation, welfare of the aborigines and other connected subjects.

The empire encompassed lands across the Straits of Malacca and parts of Java, including a place north of Palembang in Sumatra called Melayu.

Law of Malaysia

Written law is the most important source of law. These early societies were characterized by animism and ancestor worship.

This means that any decisions by a court higher in the hierarchy will be binding upon the lower courts. It also defines the government and monarchand their powers, as well as the rights of the citizens. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions.

Hence, this clothed the king, or raja with his right to rule. The Malacca Sultanate The success of Srivijaya as a great trading nation was continued by the new kingdom of Malacca.

In Augustthe then Chief Justice of Malaysia proposed to replace the current common law application in Malaysia with sharia law.

Nature and all natural elements were important, as being primarily agriculturalists, they relied heavily on a bonding with nature. It is important because the legislation made by Parliament and the state is not enough to give the laws needed to govern everyday matters. Malaysian law is also based on other jurisdictions namely Australia and India.

These states were likewise administered by the Governor of the Straits Settlements who acted as High Commissioner of these states. InMalacca was overrun by the Portuguese, and inby the Dutch.

Federal laws are known as Acts of Parliament. It only applies to Muslims.Written law is the most important source of law. It refers to the laws contained in the Federal and State Constitutions and in a code or a statute. The written laws are much influenced by English laws as the Malaysian legal system retains many characteristics of the English legal system.

The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to s.

UPDATE: Introduction to the Malaysian Legal System and Sources of Law By Dr. 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.

Sources of Malaysian legal system Essay

malaysian legal system prepared by: nurul nasihin ariffin kpmbp 2. Learning outcome• Students should be able to: Be familiar with the term law, sources of Malaysian Law, the Malaysian Government system and Malaysian Judicial system.

Syariah Law SOURCES OF MALAYSIAN LAW WRITTEN LAW -Malaysia is a Federation of thirteen -Essential source of law as the Parliament and the State Legislatures-This legislation gives permission to amend the law foundation of Malaysian legal system. 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.

Sources of malaysian legal system
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