CHAPTER 1

MALAYSIAN LEGAL SYSTEM

INTRODUCTION TO MALAYSIA & ITS LEGAL SYSTEM

System of government in Malaysia is a

CONSTITUTIONAL MONARCHY and a

PARLIAMENTARY DEMOCRACY.

The Head of State of the federation is Yang di-

Pertuan Agong (YDPA).

Based on British Westminster model where

every 5 years the general election will take

place. The ruling party will be the government.

PARLIAMENT DEWAN RAKYAT

• Also known as House

of Representative

• 222 members

elected from General

election for maximum

term of 5 years.

• The Cabinet led by

the PM hold the

executive power to

govern the state.

DEWAN NEGARA

• Also known as

House of Senate.

• 70 senators sit for 3

years term.

• 26 are elected from

13 states and 44

appointed by YDPA.

DEFINITION OF LAW

• According to

AUSTIN:

A rule of conduct

imposed and

enforced by the

Sovereign.

• According to

SALMOND:

The body of

principles

recognized and

applied by the State

in the administration

of justice.

CLASSIFICATION OF LAW

PUBLIC LAW

The law which govern

between INDIVIDUAL v THE

STATE.

CONSTITUTIONAL LAW –

rights of individual in the

state.

Eg) rights of citizen

CRIMINAL LAW – offences

committed by individuals

against the state

Eg) murder, theft, rape

PRIVATE LAW

Matters affect the rights and

duties between INDIVIDUAL v

INDIVIDUAL

Civil matters

CONTRACT LAW- agreement

LAW OF TORT- accident,

negligence.

SOURCES OF LAW

• DEFINITION:

• Legal sources is where the

legal rules that make up the law

in Malaysia.

Sources of Law

WRITTEN LAW

UNWRITTEN LAW

ISLAMIC LAW

WRITTEN LAW

• The laws created by express or

written legislation or enactment and

codified.

i) THE FEDERAL CONSTITUTION

(supreme law)

ii) STATE CONSTITUTION

- Legislative

- Subsidiary legislative

UNWRITTEN LAW • Unwritten law or principles and

norms that have the effect and force

of law though they have not been

formally enacted by the government.

i) ENGLISH LAW

- Common Law

- Equity

ii) JUDICIAL PRECEDENT

iii) CUSTOM

ISLAMIC LAW • Also known as Muslim or Syariah Law.

• Is the major source of Malaysian Law but it

only applicable only to MUSLIMS regardless

the race.

• It based on Quran and Sunnah.

• It also the way of life for most of the

Malaysian who are Muslim.

• The court which enforce Islamic Law are

Syariah Courts.

• It only have jurisdiction over PERSONAL and

FAMILY LAW of a Muslim.