Malaysian legal system introduction to law

Inthe Enactment was extended to the other Malay States and inthe Civil Law Ordinance was enacted which introduced English law uniformly throughout the Federation of Malaya. Decision of The Subordinate Court. Eg the decision of the Federal Court is binding on the other courts, but the decision of the High Court is binding on the lower courts and not on the Court of Appeal and Federal Court.

The Malay Sultanate of Malacca broke up with the coming of the Europeans into the region, beginning with the Portuguese, the Dutch and later by the British. This section provides that the Federal Gazette shall be published in five parts: Although the early peoples of the Malay Peninsula were varied, they shared a similar belief system, which enabled the easy absorption of the Hindu religion, which was to follow.

The Sultan could declare war, decide on the life and death of his subjects, administer justice and maintain law and order. Article 75 — if state law inconsistent with federal law the federal law prevails. Inthe Enactment was extended to the other Malay States and inthe Civil Law Ordinance was enacted which introduced English law uniformly throughout the Federation of Malaya.

Criminal Law — deals with acts or omissions which are offences against the State and for which the offender is liable to be tried and if found guilty, will be punished according to the law. Customary and Native Law Customary law is of little relevance to the communities in West Malaysia today.

Legislation was enacted by the State Council of each state. These laws are known as regulations or by-laws. How to Write a Summary of an Article.

The Court of Appeal is also bound by its own decision. When Penang, Singapore, which was founded by the British in along with Melaka, which fell to the British as a trade-off under the Anglo-Dutch Treaty offormed the Straits Settlement ina new charter, the Charter of Justice was introduced.

Once a precedent is made, it remains binding unless and until overruled by a later decision. The decisions of the Federal Court are binding on all lower Courts. Some federal Acts of Parliament apply to these states differently on a number of matters, particularly on issues related to immigration, land and natural resource management.

Classification of Law 4. Written laws are laws which have been enacted in the constitution or in legislation. Ordinances began to be promulgated and published with the establishment of the Straits Settlements government gazette on 1 April Article 74 2 provides that the Legislature of a State may make laws with respect to any of the matters enumerated in the State List or the Concurrent List of the Ninth Schedule.

The head of the judiciary is the Chief Justice of the Federal Court, who exercises direct supervision over all courts. Status of religious freedom in Malaysia Complications have arisen with regard to the dual justice system, for example with regard to freedom of religion. There are two main streams of adat - the adat perpateh and the adat temenggong.

Most of these departments were established during the colonial era. The Federal Constitution also states the basic rights of every citizens, such as rights to education, citizenship rights and voting rights. One of the most lasting legacies of this Hindu rule is the system of monarchy.

Functions of law There are 3 function in law; 3. The doctrine of judicial precedent is based on the principle of stare decisis, this means that like cases should be treated alike.

Malacca was governed by a governor or captain. Amendment of the Federal Constitution. Portuguese Administration After the Portuguese captured Malacca ina military and civil administration was established. Indian — Indian Customary law. Penang in a sense had a second statutory reception of English law although it was the first for Singapore and Melaka.

The Federal Constitution is the supreme law of the land. Bank Negara Malaysia is the central bank of Malaysia. Public law is concerned with the distribution nd exercise of power by the state and the legal relations between the state and the individual.

chapter 1: Introduction to Malaysian legal system.

Law of Malaysia

Uploaded by dieyla subtopic: 1. Definition of law 2. COMMERCIAL LAW LAW Introduction Documents Similar To chapter 1: Introduction to Malaysian legal system. Business Law Chapter 1. Uploaded by. cindy.4/4(5). Malaysian Legal System - An Introduction. 11/27/ 0 Comments Professor Emeritus Datuk Dr Shad Saleem Faruqi is the holder of the Tunku Abdul Rahman Foundation Chair I.

CONCEPT OF A LEGAL SYSTEM English common law and Malaysian judicial precedents Unlike in the civil law system. Introduction to the Malaysian Legal System What is law?

Malaysian legal history

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.

SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i. e. the legal rules that make up the law in Malaysia. 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, inheritance, and apostasy.

Origins of Malaysian Law; Malaysia is a federation of thirteen states and three federal territories, namely, Kuala Lumpur, Putrajaya and Labuan. The federation has a central government. The legislative and executive powers of the federation are divided between the central and state governments.

Malaysian legal system introduction to law
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