Law in general is a rule of being or of conduct, established by an authority able to enforce its will, a controlling regulation, the mode or order according to which an agent or a power acts.
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 1800s to 1960s.The Constitution of Malaysia sets out the legal framework and rights of Malaysian citizens.
Federal laws which the parliament enacts are applicable throughout the country. Again there are state laws enacted by the State Legislative Assemblies applicable in the particular state. The constitution of Malaysia also provides for a unique dual justice system-the secular laws (criminal and civil) and sharia laws.
Dual Justice System
The dual system of law is provided in Article 121(1A) of the Constitution of Malaysia. Article 3 provides that Islamic law is a state law matter with the exception for the Federal Territories of Malaysia. Islamic law is the sharia law and in Malaysia it is known as syariah and the court is called Syariah court. But in the larger context of the legal system the sharia law plays a relatively small role in defining the laws on the country. It applies only for people following Islam.
Federal and State Law
Federal laws are made by legislators (members of Parliament and senators) sitting in the Parliament of Malaysia and applies throughout the country. Federal laws are also called as Acts of Parliament. State laws are passed by the State legislative assembly.
Common Law
The laws of Malaysia can be divided into two types of laws—written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. This is known as the common law or case law. In situations where there is no law governing a particular circumstance, Malaysian Case Law may apply. If there is no Malaysian Case Law, English Case Law can be applied.
The laws of Malaysia can be divided into two types of laws—written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. This is known as the common law or case law. In situations where there is no law governing a particular circumstance, Malaysian Case Law may apply. If there is no Malaysian Case Law, English Case Law can be applied.
Last Updated on: 18-11-2009
