Chapter 1 - The Malaysian Legal System

TOPIC 1
THE MALAYSIAN
LEGAL SYSTEM
1
• The body of enacted or
Oxford English
customary rules recognized
Dictionary
by a community as binding
Campbell, The • Law is a system of rules,

Contribution Of usually enforced through a
Legal Studies set of institutions.
Collisions • As a rule or set of rules

Essential regulating what may or may
English not be done by members of a
Dictionary society or community.
2
• Any system of regulations to govern
the conduct of people of a community,
http://
society or nation, in response to the
dictionary.
need for regularity, consistency and
law.com/
justice based upon collective human
experience.
The American
• A statement that describes invariable
Heritage –
relationships among phenomena
science
under a specified set of c0nditions.
Dictionary
The American
Heritage- • A rule of conduct or procedure
Dictionary of established by custom, agreement or
the English authority.
Language
3
Malaysia, which consist
In recent decades, there
of Peninsular Malaysia,
has been a deliberate
Sabah and Sarawak is
attempt to achieve
one political unit, but is
uniformity in the law
not governed by the
throughout Malaysia.
same set of laws.
There are two important links which unite the two

parts of M’sia – the Parliament and the Federal
Court. The Malaysian Parliament can and does
legislate for the whole country while the Federal
Court as a final court o appeal for the whole
country.
THE MALAYSIAN LEGAL SYSTEM 4

• Federation of 13 states and 3 federal territories
• 2 laws
– Central/federal gov
– State gov
• No power to each other
• Federal constitution – form and power of the
gov (YDP Agong have power to set out and
limit the power)
• Federal List – national defence
• State List – Islamic law
• Concurrent list – matter upon either federal/
states

• Parliament –
– law maker of the country
– YDP Agong, Dewan Negara (Senate), Dewan Rakyat
– 222 MP, 70 Senate
– Elected max 5 years
– Forum where gov actions are scrutinized
• The Executive
– Gov of the day – implement law enacted by Parliament
– Political party have majority in Dewan Rakyat form the
government. The oppositions MP will scrutinized
• The Judiciary
– Decide cases based on existing law
– Somestimes come up with the new laws
– The body of law that is developed – common law, judge-
made law, case law

State Legislation Bills
A Solicitor Plaintiff Defendant
Subsidiary Privy
Prosecutor
Legislation Council

State
Legal system
Every state
are
has a
administered For
government
almost international
and has rules
entirely on the purposes,
which lay
basis of the Malaysia is one
down who
political unit state
shall govern
known as the
and how.
‘state’

Legislation
a)
Legislation refers to law enacted by a body

constituted for this purpose.
b)
Legislation is carried out by Parliament at
the federal level and by the various State
Legislation Assemblies for their respective
states.

The following nomenclature applies:
Laws enacted by Federal Parliament are

referred to as “ACTS” but those made between
the period of the Malayan Union in 1946 and 10
September 1959 are called “ORDINANCE”.
Laws made by the State Legislative Assemblies

are called “ENACTMENTS’, including those
made by the Malays States before independence.
Sarawak is exception; its laws are called
Ordinances

Bills
Bill is a plan for a possible new law. A bill normally

presented to Parliament by the Minister responsible
for the particular portfolio. This Bill, with certain
exceptions, may be at first introduce in either house.
If it passed after debate and voting in the chamber

from which it originates, it is sent to the other
chamber.
When it approved by both House, it is presented to
the Yang di-Pertuan Agong for the Royal Assent. This
he does by affixing the public seal after which the Act
is published.
A Bill becomes law on a receiving the Royal Assent

but ‘no law shall come into force until it has been
published”
Defendant Plaintiff
• Defendant is a • Plaintiff is a person

person who is who starts a legal
accused of a crime action against
in a court of law. somebody in a court
of law.
A solicitor Prosecutor
• A solicitor is a • A person who

lawyer who gives officially charge
legal advice, somebody with a
prepares legal crime and try to
document, arranges show that he/she is
the buying or selling guilty in court of
land etc. law.
Subsidiary
Legislation
Subsidiary defined in the Interpretation Act 1967

as “any proclamation, rule, regulation, order,
notification, by-law or other instrument made
under any Ordinance, Enactment or other lawful
authority and having legislative effect”
This type of legislation becoming increasingly

important as the business of government gets more
complicated and expensive. By virtue of their
legislative authority, Parliament and the State
Assemblies may confer or delegate some of their
legislative powers to a person or a body, usually
YDPA , a minister or a local authority such as the
Town Board.

• Known as delegated legislation
• Rules and regulation
• Made by persons or bodies under power
• Interpretation Act 1967
• Insufficient to govern every matters
REASONS:
• Insufficiency of laws by the Parliament and State Legislatures

• Economize the legislative time of the legislature
• Lacks of expertise in technical areas
• Flexibility

A) AKTA KERAJAAN TEMPATAN 1976 (AKTA 171)
UUK Pelesenan Tred, Perniagaan, Perindustrian dan Profesyen (MDJBT) 1982

UUK Penjaja (MDJBT) 1982
UUK Mencegah Kekotoran (MDJBT) 1982
UUK Pasar-pasar (MDJBT) 1982
UUK Pemungutan, Pembungan dan Pelupusan Sampah-Sarap (MDJBT) 1985
UUK Pemungutan, Pembuangan dan Pelupusan Sampah-Sarap (MPJBT) (Pindaan)
2006
UUK Taman (MDJBT) 1987
UUK Pengendalian Makanan (MDJBT) 1987
UUK Mengkompaun Kesalahan-Kesalahan Kerajaan Tempatan (MPJBT) 2011
UUK Iklan (MDJBT) 1982
UUK Iklan (MPJBT) (Pindaan) 1990
UUK Iklan Pilihanraya (MDJBT) 1990

HT311 TOPIC 1 THE MALAYSIAN LEGAL
16
SYSTEM
17
SYSTEM
Public Law
International Law
Private Law
Civil Law)

Public Law
Public law is a theory of law governing the

relationship between individuals (citizens,
companies) and the state.
Constitutional
Law
Public Law may be further
subdivided into two
categories: Criminal Law

• Undang-undang Awam (public law)
Adalah undang-undang yang mentadbir tentang perhubungan

di antara individu dan negeri. Dibahagi dua iaitu undang-
undang Perlembagaan dan undang-undang jenayah.
a) Undang-undang Perlembagaan
Membincangkan tentang hak individu dalam negeri
b) Undang-undang Jenayah
Membincangkan tentang pelbagai jenis jenayah oleh individu
terhadap negeri

Constitutional Law Criminal Law
Codifies the various

offences committed by
individual against the
State.
Lays down the rights of
individuals in the State It aims at punishing
criminals and
suppressing crime
It deals with questions A crime is wrong against

such as supremacy of the sate for which
Parliament and rights of punishment in inflicted
citizens. by the State, the
proceedings being bought
by the Public Prosecutor.

Private Law
(Civil Law)
Private law is concerned with matters that affect the

rights and duties of individuals amongst themselves.
Basically, private or civil law is intended to give
compensation to person injured, to enable property
to be recovered from wrongdoers and to enforce
obligation.
It covers areas such as contract, tort and trust.

Contract aw is a branch of private law which
governs the rights and obligations that arise by
agreement.
Tort based on obligations impose by law, i.e. offences
against individuals. The law of trust governs
relationship between trustees and beneficiaries.
Written Unwritten Muslim
Law Law Law

1. Written Law
The Federal
Legislation
Constitution
State Subsidiary
Constitution Legislation

1. Written Law
THE FEDERAL CONSTITUTION
• Supreme law of the country.

• E.g. the name, states and territories of the
Federation, citizen, religion, of the Federation,
financial provision, election, Public services,
National Language, Education, tourism
Malaysia
THE STATE CONSTITUITON
• Each state possesses its own constitution

regulating the government of the state.
• Contains provisions which are enumerated in
the Eighth Schedule – Ruler, The Executive
Council, the legislative assembly, financial
provisions, state employees and amendment of
the constitution.
25
1. Written Law
Legislation
Refers to law enacted by a body constituted for this

purpose.
In Malaysia, law are legislated by Parliament at
federal level and by the various state legislative at
state level.
Law that are enacted by parliament before
Independence are called Ordinances.
Those made after Independence called Acts
Law made by the State Legislative Assemblies
(except in Sarawak) are called Enactments.
The law in Sarawak are called Ordinances.
26
1. Written Law
Subsidiary Legislation
The Interpretation Act 1967 – ‘any proclamation,

rule, regulation, order, notification, by-law or other
instruments made under any Ordinance, Enactment
or other lawful authority and having legislative
effect.
Subsidiary legislation deals with the details about
which legislature has neither the time nor the
technical knowledge to enacts law.
Legislative merely lays down the basic and main

laws, leaving the details to persons or bodies to
whom they delegate their legislative power-YDPA,
ministers and local authorities etc.

English Law
2. Unwritten Law
Judicial
Customs
Decisions

Not all England’s law and rules of
English Law equity form part of Malaysian Law.
English Common Law – “the said

Common Law, rules of equity and
statutes of general application shall
be applied so far only the
circumstances of the states of
Malaysia and their respective
inhabitants permits subject to such
qualification as local circumstances
render necessary”

2. Unwritten Law
Custom of the
Judicial Decisions
Customs
Judicial Decision of
the High Court, inhabitants in M’sia-
Supreme Court, Relating to family
Judicial Committee of law i.e. marriage,
the privy Council. divorce
‘Adats’ applies to
Malays, prior to
Precedents are enforcement of the
basically “decision law reform
made by judges (Marriage and
previously in similar Divorce) Act 1976,
situation” Hindu & Chinese
customary law
applied to the
Hindus and Chinese
respectively

3. MUSLIM LAW
The Federal Constitution provides that States have

the power to administrative Muslim Law.
The head of Muslim religion in state (except Penang,
Malacca, Sabah, Sarawak and The Federal
Territories) is the Sultan.
Penang, Malacca, Sabah, Sarawak and The Federal

Territories is Yang di-Pertuan Agong.
The courts which enforce Muslim Law in
the country are the Syariah Courts.
Muslim Law only applies to Muslims.

The term “Common Law” is used in a number of ways,
namely:
Non-statutory law evolved through judicial decisions.

This is the usual meaning of the term “common law”.
The common law of England, that is, the general rules

made common to the whole of the country as distinct
from local customs.
The law developed in the common law courts of England as

opposed to equity developed in the court of Chancery.
The body of legal principles evolved through the practice

of English courts as distinct from the law developed in
Europe under the civil law system.
• English common law and the rules of equity
a suitable to local circumstances from part of the
laws of Malaysia
• In west Malaysia or any part thereof, apply the

common law of England and the rules of equity
as administered in England on the 7th April 1956.
• In Sabah, apply the Common Law of England and

b the rues of equity, together with statues of
general application, as administered or in force
in England on the 1st Dec 1951.
• In Sarawak, apply the common law of England
c and the rules of equity, together with statute of
general application, as administered or in force
in England on 12th Dec 1949.
The Common Law of Malaysia is found in the decision of
judges. Decisions of the High Court, Supreme Court, the
former Federal Court and the Privy Council are authoritative
source of law
In theory, Parliament makes law and the role of the court is to
interpret the law made by Parliament. Courts are not
intended to behave as lawmakers. However, the truth of the
matter is that judges in common law system do make law.
This is done by the application of existing rules to new

circumstances and the interpretation of statutes, which are
rarely self-contained or self-explanatory.
The common law is a common heritage shared by most of

the countries of the Commonwealth and the United States.
Under section 3 CLA 1956, the Malaysian courts examine the
Common Law as practiced in different jurisdictions to find a
solution best suited to this country.
COMMON LAW
Adat dan amalan yang biasa diamalkan oleh penduduk England dan
dijadikan asas perundangan
Kedatangan British membawa bersama-samanya undang-undang

Inggeris khususnya common law Engand dan kaedah-kaedah ekuiti.
Ia dibawa masuk melalui “charter”, melalui peguam-peguam dan

hakim-hakim yang terlatih di England dan kemudiannya melalui
undang-undang bertulis seperti ordinan, enakmen, kanun, kaedah
dan peraturan.
35
COMMON LAW
Pada masa itu cuma terdapat satu sistem mahkamah di sini. Ia melaksanakan
undang-undang yang dibuat di sini yang berasaskan undang-undang di England di
samping memakai common law England dan kaedah-kaedah ekuiti. Sehari demi
sehari semakin kukuhlah kedudukan undang-undang Inggeris dan pemakaiannya
di negara ini.
Setahun sebelum British meninggalkan Malaya (pada masa itu) Akta Undang-
Undang Sivil 1956 dikanunkan.
Common law England dan kaedah-kaedah ekuiti seperti yang berkuatkuasa di

England pada 7 April 1956 hendaklah dipakai, melainkan jika ianya didapati tidak
sesuai dengan keadaan di sini. Demikian juga dengan undang-undang
perdagangan. (Terdapat peruntukan yang serupa bagi Sabah dan Sarawak, tetapi
tarikh undang-undang yang dipakai di England itu berbeza.)
36
Akta Pangangkutan Jalan 1987, Akta
Kerajaan Tempatan 1976 dan lain-lain.
Undang-undang yang lebih awal dibuat,
banyak yang merupakan pengkanunan
prinsip-prinsip common law England
seperti yang telah dibuat di India.
Misalnya, Kanun Keseksaan, Kanun
Acara Jenayah, Akta Keterangan 1950,
Akta Kontrak 1950, Akta Kebankrapan
1967 dan lain-lain.

37
SYSTEM
FEDERAL COURT
COURT OF APPEAL
HIGH COURT (MALAYA) HIGH COURT (BORNEO)
SYARIAH COURT SYARIAH COURT
NATIVE COURT
SESSION COURT SESSION COURT

JUVENIL JUVENIL
MEGISTRATES’ COURT MEGISTRATES’ COURT
COURT COURT
PENGHULU’S COURT
The Subordinate Courts
This consists of the Session Courts, The Magistrate

Courts and in West Malaysia the Penghulu Courts.
Penghulu’s Court
Generally, the Penghulu Courts hear sivil matters of which

the claim does not exceed RM50 and where the parties are
persons of Asian race and speaking and understanding the
Malay Language. The Penghulu’s Court’s criminal
jurisdiction is limited to offences of a minor nature charged
against a person of Asian race of which is specially
enumerated in his “kuasa which can be punished with a
fine of exceeding RM25

PENGHULU’S COURT
Lowest level of subordinate court in Peninsular Malaysia.

Presided by Penghulu or headman appointed by the State
Government for Mukim.
Penghulu normally settle dispute informally.
Empowered to hear & determine original proceedings of a
civil nature – the plaintiff seeks to recover a debt or
liquidated demand in money not exceeding RM50.
All the parties to the proceedings are persons of an Asian
race speaking and understanding the Malay language.
Criminal jurisdiction-restricted to the trial of offences of
a minor nature which are specifically enumerated in his
‘power’ and which can be adequately punished by a fine
not exceeding RM25.
Can only try criminal charges against persons
of an Asian race.
MAGISTRATES’ COURT
The Magistrates’ Courts hear all civil
matters of which the claim does not
exceed RM25,000.
Generally in criminal matters, the
Magistrates’ Courts have power to try all
offences of which the maximum term of
imprisonment does not exceed 10 years
imprisonment, fine not exceeding
RM10,000 and/or whipping up to 12
strokes.
The Magistrates’ Courts also hear appeals
from the Penghulu’s Court.
Deals with minor civil and criminal cases.
Presided obey by a magistrate.

Divided to 2 categories- 1st class and 2nd class
The monetary jurisdiction of the Magistrates Court is RM
100,000. A first class magistrates can hear all civil claims
that do not exceed Rm100,000. By contrast , a Second Class
Magistrate can only hear a civil matter that does not
exceed Rm10,000.
In criminal matters, the Magistrates Court can only try

offences that are punishable with a maximum term of 10
years only or punishment by fine only. The Magistrates
Court may pass a sentence not exceeding 5 years
imprisonment a fine up to RM 10,000; whipping of up to
12 strokes; or any one of the above sentences combined.
THE MALAYSIAN LEGAL SYSTEM

2nd Class Magistrate has jurisdiction to try offences for
which the mix term of imprisonment provided by law
does not exceed 12 months or offences punishable with
fine only.
2nd Class Magistrate may pass any sentence allowed by
law:
• Not exceeding 6 months
a
imprisonment
b • A fine not more than RM1,000
• Any sentence combining either of

c
the aforesaid sentences.
As regards civil matters, 1st class magistrate has authority

to try all actions and suit where the amount in dispute or
value of the subject-matter does not exceed RM25,000.

Also exercise jurisdiction in action for recovery of
immovable property and rent, mense profit and
damages-does not exceed RM24,000 or where the rent
payable in respect of the premises does not exceed
RM24,000 per year or RM2,000 per month.
2nd class – shall only have jurisdiction to try original

actions or suits of a civil nature where the plaintiff
seeks to recover a debt or liquidated demand on money
payable by the defendant, with or without interest,
not exceeding RM3,000.
No legal representation is allowed-no party to any suit

in this court can represented by an advocate and
solicitor

JUVENILE COURT
Deal with criminal offenders below age of 18
Consist of a 1st class magistrate who assisted by 2 lay

advisor, one of whom shall, if practicable, be a
woman.
Functions of the advisors-to inform and advise the

court with respect to any consideration affecting the
punishment or other treatment to any child or young
person brought before.
Under s.4(4) juvenile courts act 1947 (revise 1972),

the court is conferred jurisdiction to try all offences
except those punishable by death.

Closed to members of the public in order to protect
the young offender from publicity.
If found guilty – sent to one of the approved

institutions or schools where they given corrective
education.
If not involve homicide, the court may discharge

him/her on condition that he/she executes bond,
with or without sureties, to be a good behavior
and to come up for sentencing when all upon
If the offender is aggrieved by any finding or order

to the court, he/she may appeal to the high court
against the finding or order.

SESSION COURT
The Session Courts hear all matters of which the claim

exceeds RM100,000 but does nor exceed RM1,000,000
except in matters relating to motor vehicle accidents,
landlord and distress, where the Sessions Courts have
unlimited jurisdiction. The sessions Courts have powers to
hear all criminal matter except for offences punishable
with death and may pass any sentences allowed by law
except the sentence of death.
Highest of the subordinate or inferior courts (under

the charge of the Sessions Court Judge)
Its criminal jurisdiction extended to all offences other
than offences punishable death.
May pass any sentence allowed by law other than the
death sentence
In civil matter, it has jurisdiction to try all actions and
suits of a civil nature where the amount in dispute or
value of the subject-matter does not exceed RM100,000.
In general matter-land, specific performance or

recession of contracts, injunction, probate and
administration of estates, divorce, bankruptcy, trusts,
and accounts are excluded from its jurisdiction.

Peculiar ONLY to Sabah and Sarawak.
Exercise jurisdiction over matters affecting ‘native

custom’ where the parties are natives.
Sarawak-native is a person who is a citizen, is the

child or grandchild of a person of a indigenous to
Sabah and was born either in Sabah or to a father
domiciled in Sabah at the time of birth.
Previously, native court also possessed jurisdiction
over matter concerning Muslim Law, now
administered by the Syariah Courts.

Native Courts empowered to try civil and criminal matters
including the following:
Cases arising from breach of native law or custom.
Cases involving land where there is no title issued by the

land office and in which all the parties are subject to the
same native system of personal law.
Civil cases (excluding land) where the value of the

subject-matter not exceed RM50 and all parties are
subject to the same native system of personal law officer’s
court or chief’s court or at the headman’s court.
In Sarawak – original jurisdiction exercising in the

district native court, native officer’s court or chief’s
court or at the headman’s court.
In Sabah- original jurisdiction is exercised by the native
court with the district officer acting in a supervisory-
cum-appellate capacity.
Native Court of Appeal
Resident’s Native Court
District Native Court
Native Officer’s/ Chief’s Court
Headman’s Court

FEDERAL COURT
COURT OF APPEAL
HIGH COURT HIGH COURT

(MALAYA) (SABAH & SARAWAK)
The Federal Court is the highest court of

the land.

Consist 2 chief judges, one in Peninsular Malaysia and on
in Sabah and Sarawak.
The High Courts in Malaysia have general supervisory

and revisionary jurisdiction over all the Subordinate
Courts, and jurisdiction to hear appeals from the
Subordinate Courts in civil and criminal matters.
The High Courts have unlimited civil

jurisdiction, and generally hear actions
where the claim exceeds RM1,000,000,
other than actions involving motor
vehicle accidents, landlord and tenant
disputes and distress.
53
The High Courts hear all matters relating to:
• The validity or dissolution of marriage (divorce)
a)
and matrimonial causes
• Bankruptcy and matters relating to the winding-
b)
up of companies
c) • Guardianship or custody of children
d) • Grants of probate
• Wills and letters of administration of

e)
estates
f) • Injunctions
g) • Specific performance or rescissions of contracts
h) • Legitimacy of persons
Addition to the ordinary law courts, there are also tribunal
special commissioners of income tax and the industrial
court which exercise judicial or quasi-judicial functions.
These tribunals have been established to relieve the

ordinary courts of some their work and to provide
specialized adjudication of disputes of a technical
character.
The industrial court constitute under the industrial

relations Act 1967, deal with primarily with a trade
disputes-therefore has jurisdiction over matters concerning
employers, employees and trade union.
Consist president appointed by YDPA and a panel of

persons appointed by the ministry of law.
This panel consist of a group representing
employers and a group representing
workmen.
Reference may be made to the high court on question of

law.
Should the parties wish to represented by a lawyer,

they must seek the permission of the president of the
industrial court.
The court empowered to make an award – unlike

ordinary courts, the industrial court in making the
award may take non-legal matters into consideration.

The Court of Appeal generally hears all civil appeals
against decisions of the High Courts except where
against judgment or orders made by consent.
In cases where the claim is less than RM250,000, the
judgment or order relates to costs only, and the appeal is
against a decision of a judge in chambers on an
interpleaded summons on undisputed facts, the leave of the
Court of Appeal must first be obtained.
The Court of Appeal also hears appeals of criminal
decisions of the High Court. It is the court of final
jurisdiction for cases which began in any subordinate
courts.
Where an appeal has been heard and disposed of by the
court of appeal, the court of appeal has no power to
review the case (no power to re-pen, re-hear nor to re-
examine its decision for whatever purpose)
The Federal Court is the highest court in Malaysia.
The Federal Court may hear appeals of civil

decisions of the Court of Appeal where the Federal
Court grants leave to do so.
The Federal Court also hears criminal

appeals from the Court of Appeal, but
only in respect of matters heard by
the High Court in its original
jurisdiction (i.e. where the case has
not been appealed from the
Subordinate Courts).

Has jurisdiction in matters including the
following:
1) To hear civil criminal appeals from decisions of a high

court
• In civil appeals or admission of evidence in a lower

court.
• In criminal cases an appeal may be made against
sentence on a point of law or fact.
2) To exercise exclusive original jurisdiction on those

matters conferred on it under article 128(1) and (2) of
the Federal Constitution.
• Hear disputes on any matter between any state and
the federal government
• Also pronounce on the validity of any federal or state
legislation as being in excess of powers.
3) To determine constitutional question which
have arisen in the proceedings of the high court but
referred to the federal court for decision.
4) To give its opinion on any question referred to it

by the YDPA concerning the effect of any provision
of the constitution which has already arisen or
appears likely to arise.

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TOPIC 1

Campbell, The • Law is a system of rules,

Collisions • As a rule or set of rules

There are two important links which unite the two

THE MALAYSIAN LEGAL SYSTEM 4

THE MALAYSIAN LEGAL SYSTEM 5

THE MALAYSIAN LEGAL SYSTEM 6

A Solicitor Plaintiff Defendant

THE MALAYSIAN LEGAL SYSTEM 7

THE MALAYSIAN LEGAL SYSTEM 8

Legislation refers to law enacted by a body

THE MALAYSIAN LEGAL SYSTEM 9

Laws enacted by Federal Parliament are

Laws made by the State Legislative Assemblies

THE MALAYSIAN LEGAL SYSTEM 10

Bill is a plan for a possible new law. A bill normally

If it passed after debate and voting in the chamber

A Bill becomes law on a receiving the Royal Assent

• Defendant is a • Plaintiff is a person

• A solicitor is a • A person who

Subsidiary defined in the Interpretation Act 1967

This type of legislation becoming increasingly

THE MALAYSIAN LEGAL SYSTEM 13

• Insufficiency of laws by the Parliament and State Legislatures

THE MALAYSIAN LEGAL SYSTEM 14

UUK Pelesenan Tred, Perniagaan, Perindustrian dan Profesyen (MDJBT) 1982

THE MALAYSIAN LEGAL SYSTEM 15

THE MALAYSIAN LEGAL SYSTEM 18

Public law is a theory of law governing the

THE MALAYSIAN LEGAL SYSTEM 19

Adalah undang-undang yang mentadbir tentang perhubungan

THE MALAYSIAN LEGAL SYSTEM 20

Codifies the various

It deals with questions A crime is wrong against

THE MALAYSIAN LEGAL SYSTEM 21

Private law is concerned with matters that affect the

It covers areas such as contract, tort and trust.

THE MALAYSIAN LEGAL SYSTEM 23

THE MALAYSIAN LEGAL SYSTEM 24

THE FEDERAL CONSTITUTION

• Supreme law of the country.

THE STATE CONSTITUITON

• Each state possesses its own constitution

Refers to law enacted by a body constituted for this

The Interpretation Act 1967 – ‘any proclamation,

Legislative merely lays down the basic and main

THE MALAYSIAN LEGAL SYSTEM 27

THE MALAYSIAN LEGAL SYSTEM 28

English Common Law – “the said

THE MALAYSIAN LEGAL SYSTEM 29

THE MALAYSIAN LEGAL SYSTEM 30

The Federal Constitution provides that States have

Penang, Malacca, Sabah, Sarawak and The Federal

THE MALAYSIAN LEGAL SYSTEM 31

Non-statutory law evolved through judicial decisions.

The common law of England, that is, the general rules

The law developed in the common law courts of England as

The body of legal principles evolved through the practice

• In west Malaysia or any part thereof, apply the

• In Sabah, apply the Common Law of England and

This is done by the application of existing rules to new

The common law is a common heritage shared by most of

Kedatangan British membawa bersama-samanya undang-undang

Ia dibawa masuk melalui “charter”, melalui peguam-peguam dan