Malaysian Legal System

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Malaysian Legal System

Sources Of Law

unwritten

Iislamic law

judicial decision

written

legislation enacted by parliament (Act) & state assemblies (enactment) subsidiary legislation.

federal and state constitution (Enshrines the basic of fundamental rights of individuals).

English Law

Statute

Equity

-S.3-General application of English Law

2 Limitations:

suitabitly to the local circumtances

absence of local statute

-S.3&5 Civil Law 1956

Applications:

Common Law

Islamic Law

Enforcement of Muslim Law

Syariah courts (to decide on cases provided by the enactment).

Function of counncil

Making rules: collection, administration, and division of zakat.

Personal Law Matters

Muslim

Administration

Each enactment establishes council of religion as a legislative body.

Definition Of Law

LAW-body of rules which are recognised & enforced by the state

OXFORD-the body of enacted or customary rules recognised by a community

Classification of Law

private law

trust

tort

contract

international law

private international law

public international law

publlic law

constituitional law

criminal law

Purpose Of Law

CRIMINAL OFFENCES (public wrong, offences against state)

CIVIL OFFENCES (private wrong)

Judicial Decision

Decisions based on doctrine of binding judicial precedent

declaratory precedent

original precedent

Pecisions of the superior court judges constitute Malaysian Law