INTRODUCTION TO

LEGAL SYSTEM
-What is law
-Functions of law
-Divisions of law
-Legal system
WHAT IS LAW
-Law is the command that regulates human behaviour
and the way of life which is made by the authorities
and such law is addressed to the members of a
particular society, to do something or to refrain from
doing something, failure to which is subjected to
sanction imposed by the tribunal established by the
state.
Oxford Dictionary
-Law is a rule or body of rules established in a
community and enjoining or prohibiting certain
actions.
Austin
-Law is a command of a sovereign backed by sanction
Salmond
-Law is a body of principles recognised by the state in
the administration of justice
FUNCTIONS OF LAW
-Regulate human behaviour
-Maintain law and order
-Administer and maintain justice
-To punish the offender
-To reconcile conflicting human interests
-To distinguish between right and wrong
-To maintain stability and promote harmony
-To regulate the society
CLASSIFICATION OF LAW
INTERNATIONAL
NATIONAL LAW
 PUBLIC PRIVATE  PUBLIC
LAWPRIVATE
National Law
PUBLIC

 -Concerned with cases which the state is Involved

 Eg: criminal law, constitutional law, administrative law

PRIVATE

 -includes all branches of law which concern cases where one

individual is claiming against another

 Eg: contract, torts, trust,family law

INTERNATIONAL LAW
PUBLIC
-Law of treaties between countries
-Law of the sea/Maritime law
-International criminal law

PRIVATE
-Jurisdiction of the court, choices of law/ law of domicile
-enforcement of judgement
CRIMINAL
-Wrong committed against the
state , community and public
Eg: theft, murder,rape etc
Prosecutor prosecutes the defendant. If
successful it leads to CONVICTION .
Defendant may be punished by one of
the various punishments for example
death penalty, whipping,
imprisonment,etc.
Burdern of proof: Beyond reasonable
doubt
CIVIL
-Concerned with rights and duties of
indiividual to each other
Eg:law of contract, torts, family law,
law of property etc.
Plaintiff sued the defendant.If
successful it result to judgement for
the plaintiff.
Defendant may be ordered to pay
money, transfer property,to do or not to
so something (injuction), to perform a
contract (specific performance).
Burdern of proof: Balance of
probabilities
Substantive & Procedural Law
E.g: Malaysian Penal Code
 Criminal Procedure Code

Federal & State Law

E.g: Penal Code
 Islamic Family Law Act
LEGAL SYSTEMS
What is legal system?
- Body of rules in operation in a particular society at a
given time, together with the constitution that go with
them.
Rules in operation in a particular society embracing
both the substantive as well as procedural law.
Largely shaped by the unique history of a particular
country
CIVIL LAW COMMON LAW RELIGIOUS/MUSLIM
LAW
Influenced by the -Developed after the
Roman law Norman conquest in -Not an independent
1066 branch of knowledge
but a part of the Islamic
-Codified system religion
_ Law not based on the
Act of parliament but
case law which is a
precedent
MALAYSIAN LEGAL SYSTEM: OVERVIEW
Multi-racial country – The national legal system
reflects the heterogeneous society – influenced &
shaped by unique cultures

Plural Legal System – integration of common law,

Syariah Law & customary law
BASIC & ORIGIN OF THE LEGAL SYSTEM IN
MALAYSIA
- Before the era of Islam
The existence of human race was traced to 2000 and
3000 BC in Peninsular Malaysia.
Funan, Srivijaya and majapahit are Hindused empire
in the SEA from the 1st to 13th century.
Generally Malaya was under the influence of
Hinduism and Buddism
Malay custom
The era of Islam

The coming of Islam in the 14th century had changed the

political and social institution in Malaya and ended the
control and influence of Hindu and Buddhist power.

Generally believed -Islam was brought by Muslim traders

The influence of islam can be seen in the 2 Digest of law

during malacca Sultanate i.e Undang-Undang
Melaka/Hukum Kanun Melaka and Undang-Undang
laut Melaka.
There was also a systematic system of administration.
15th century. Malacca became the centre for Islamic
missionary work in the region.
Hukum Kanun Melaka
Was prepared during the reign of Sultan Muzaffar
Shah (1446-1459)
Contains 44 chapters, 18 of which had Islamic
elements
Eg. Chapters on marriage & divorce, commercial
transactions, evidence & procedures, criminal offences
etc.
The influence of Malacca Sultanate had moved to
Johor and established their Sultanate there later to
Pahang and Perak.
Influence of Undang-undang Malacca can be seen in
other states i.e Laws of Pahang 1595, Laws of Kedah
1805, Laws of Johor 1789, 99Laws of perak 1878.
-The period if British Colonization
It has reduced the influence of Islam. The history
began with the intervention of the Strait s settlements
(Penang , malacca and Singapore).
3 types of administration:
-Straits settlements
-Federated Malay States
-Unfederated Malay States
English law was introduced indirectly through the
advisory and residential system where an advisor or
resident was sent to these states by various
Agreements and Treaties e.g Pangkor Treaty 1974.

Later English law was introduced directly through

legislation based on Indian codification of English
common law thus eroded the application of Islamic
law.
In East Malaysia the Brunei Sultanate granted James
Brooke to be Rajah and Governor of Sarawak in 1842.
The Sultan of Brunei granted concession to the British
North Borneo Company in North Borneo from 1865
onwards.
By agreement of 1888 Sarawak, North Borneo &
Brunei became protected states.
In 1946 the 3 territories formally became colonies of
the British.
After the 2nd World War the British had tried to
establish the Malayan Union in 1946 on the Malay
States.
Under such Union a Governor was appointed to be
directly responsible to the colonial office in London.
Effects of Malayan Union:
-Malay Rulers lost their sovereignty
-The non Malays were given equal status to that of the
Malays
British then came up with a formula to regain the sovereignty of
Malay Rulers and the position of the Malays.
Suh formula contain in the constitution which establish the
Federation of Malaya 1948 which prepared Malay towards
independence.
In 1955 the 1st general election was held for the new Federal
Legislative Council. Alliance won 51 out of 52 seats. In 1956 a
constitutional conference was held in London to prepare a draft
constitution for Malaya.
Finally Malaya gained its independence from the British on
31/8/1957.
In 1963 Malaysia was formed and in 1965 saw the separation from
Malaysia.
LEGAL PLURALISM
-the existence of multiple legal systems within one
(human) population and/or geographic area.
Plural legal systems are particularly prevalent in
former colonies, where the law of a former colonial
authority may exist alongside more
traditional legal systems (cf. customary law).

Malaysia- reflected by the existence of 3 different

courts :- Civil court
 Syariah court
 Native court