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Discuss the legal system and the sources law in Malaysia Legal System In general, legal systems can

be split between civil law and common law systems. The term "civil law" referring to a legal system should not be confused with "civil law" as a group of legal subjects distinct from criminal or public law. A third type of legal systemaccepted by some countries without separation of church and stateis religious law, based on scriptures. The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are the defining features of any legal system. Yet classification is a matter of form rather than substance, since similar rules often prevail. Legal regimen of a country consisting of (1) a written or oral constitution,

(2) primary legislation (statutes) enacted by the legislative body established by the constitution, (3)subsidiary legislation (bylaws) made by person or bodies authorized by the primary legislation to do so, (4) customs applied by the courts on the basis of traditional practices, and other code of law Function 1. Dispute Resolution -- Maintain and Restore Social Order 2. Facilitate Planning -- Project Consequences of Actions 3. Educative Function -- Instill and Reflect Values of Society 4. Legitimizing Function -- Reflects Lack of Other Social Institutions (5) principles or practices of civil, common, Roman, or

Federal constitution Malaysia is a federation of 13 states with a Federal Constitution and 13 State Constitution. The Federation Constitution is the supreme law of the country. The Federal Constitution also provides for the Yang di-Pertuan Agong who owes his position to the Constitution and act accordance with it. The Constitution can only be changed by a two-thirds majority of the total number of members of the legislature. The Federal Constitution comprises many Articles concerning the religion of the federation and many other related subjects. Besides the Federal Constitution, there is a state constitution where each state has their own constitution regulating the government of that state. The Federation shall be known, in Malay and in English, by the name Malaysia. The States of the Federation shall be Johor, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu. Subject to Clause (4), the territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day. The territory of the State of Selangor shall exclude the Federal Territory of Kuala Lumpur established under the Constitution (Amendment) (No. 2) Act 1973 and the territory of the State of Sabah shall exclude the Federal Territory of Labuan established under the Constitution (Amendment) (no. 2) Act 1984, and both the said Federal Territories shall be territories of the Federation.

State Constitution Each State, irrespective of whether it has a Sultan as its Ruler, has its own State constitution but for uniformity, all State constitutions must have a standard set of essential provisions (See Art. 71 and the 8th Schedule of the Federal Constitution.) The establishment of a State Legislative Assembly, consisting of the Ruler and democratically elected members, which sits for a maximum of five years. The appointment of an executive branch, called the Executive Council, by the Ruler from the members of the Assembly. The Ruler appoints as the head of the Executive Council (the Menteri Besar or Chief Minster) a person whom he believes is likely to command the confidence of the majority of the Assembly. The other members of the Executive Council are appointed by the Ruler on the advice of the Menteri Besar. The creation of a State level constitutional monarchy, as the Ruler is a required to act on the advice of the Executive Council on almost all matters under the State constitution and law

(See the Perak Menteri Besar case below for an example of when a Ruler may act in his sole discretion) The holding of a State general election upon the dissolution of the Assembly. The requirements for amending State Constitutions - two-thirds absolute majority of the members of the Assembly is required. The Federal Parliament has the power to amend State Constitutions if they do not contain the essential provisions or have provisions that are inconsistent with them. Legislation Legislation (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict. Subsidiary Legislation Subsidiary legislation, also known as "delegated legislation" or "subordinate legislation", is written law made by ministers or other administrative agencies such as government departments and statutory boards under the authority of a statute (often called its "parent Act") or other lawful authority, and not directly by Parliament. Although there is no general requirement (as there is in the United Kingdom) for subsidiary legislation to be laid before Parliament for its information, this is usually done in Singapore. Subsidiary legislation is known by a variety of names. Section 2(1) of the Interpretation Act defines "subsidiary legislation" as meaning "any order in council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act, Ordinance or other lawful authority and having legislative effect".

Parliament Legislatures called parliaments operate under a parliamentary system of government in which the executive is constitutionally answerable to the parliament. This can be contrasted with a presidential system, on the model of the United States' congressional system, which operates under a stricter separation of powers whereby the executive does not form part

of, nor is appointed by, the parliamentary or legislative body. Typically, congresses do not select or dismiss heads of governments, and governments cannot request an early dissolution as may be the case for parliaments. Some states have a semi-presidential system which combines a powerful president with an executive responsible to parliament. Parliaments may consist of chambers or houses, and are usually either bicameral or unicameral although more complex models exist, or have existed (see Tricameralism).A nation's Prime Minister ("P.M") is almost always the leader of the majority party in the lower house of parliament, but only holds his or her office as long as the "confidence of the house" is maintained. If members of the lower house lose faith in the leader for whatever reason, they can call a vote of no confidence and force the PM to resign. This can be particularly dangerous to a government when the distribution of seats is relatively even, in which case a new election is often called shortly thereafter. Parliament may by law (a) Admit other States to the Federation; (b) Alter the boundaries of any State, But a law altering the boundaries of a State shall not be passed without the consent of that State (expressed by a law made by the Legislature of that State) and of the Conference of Rulers.

Court A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is

generally understood that all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defence before a court. The systems of courts that interpret and apply the law are collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large buildings in cities. The practical authority given to the court is known as its jurisdiction (Latin jus dicere) -- the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone's Commentaries on the Laws of England, a court is constituted by a minimum of three parties: the actor or plaintiff, who complains of an injury done; the reus or defendant, who is called upon to make satisfaction for it, and the judex or judicial power, which is to examine the truth of the fact, to determine the law arising upon that fact, and, if any injury appears to have been done, to ascertain and by its officers to apply a legal remedy. It is also usual in the superior courts to have attorneys, and advocates or counsel, as assistants, though, often, courts consist of additional attorneys, bailiffs, reporters, and perhaps a jury. The term "the court" is also used to refer to the presiding officer or officials, usually one or more judges. The judge or panel of judges may also be collectively referred to as "the bench" (in contrast to attorneys and barristers, collectively referred to as "the bar"). In the United States, and other common law jurisdictions, the term "court" (in the case of U.S. federal courts) by law is used to describe the judge himself or herself. In the United States, the legal authority of a court to take action is based on personal jurisdiction, subjectmatter jurisdiction, and venue over the parties to the litigation.

High Court The two 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 RM250,000, other than actions involving motor vehicle accidents, landlord and tenant disputes and distress. The High Courts hear all matters relating to:

The validity or dissolution of marriage (divorce) and matrimonial causes, Bankruptcy and matters relating to the winding-up of companies, Guardianship or custody of children, Grants of probate, wills and letters of administration of estates, Injunctions, specific performance or rescissions of contracts, legitimacy of persons. The High Courts have unlimited jurisdiction in all criminal matters other than matters involving Islamic law. The High Courts have original jurisdiction in criminal cases punishable by death. Cases are heard by a single judge in the High Court, or by a judicial commissioner. While High Court judges enjoy security of tenure, judicial commissioners are appointed for a term of two years, and do not enjoy similar protection under the Constitution. An application for a judicial review is applied in this court. Federal Court 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).

Court of Appeal 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 interpleader 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.

Sessions Courts Somewhat like the former Quarter Sessions in England, the Sessions Courts have jurisdiction to try offences which are not punishable by death. They are presided over by Sessions Court judges (formerly Sessions Court Presidents). The Sessions Courts also hear all civil matters of which the claim exceeds RM25,000 but does not exceed RM250,000, except in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction. Magistrates Courts Magistrates are divided into First Class and Second Class Magistrates, the former being legally qualified and having greater powers. Second Class Magistrates are now not normally appointed. In criminal matters, First Class Magistrates' Courts generally have power to try all offences of which the maximum term of imprisonment does not exceed 10 years or which are punishable with fine only, but may pass sentences of not more than five years imprisonment, a fine of up to RM10,000, and/or up to twelve strokes of the cane. The Magistrates Courts hear all civil matters with less than RM25,000 in dispute. The Magistrates' Courts also hear appeals from the Penghulu's Courts.

Other courts The court of a penghulu, or Malay village head, has the power to hear civil matters of which the claim does not exceed RM50, where the parties are of an Asian race and speak and understand the Malay language. The Penghulu Court's criminal jurisdiction is limited to offences of a minor nature charged against a person of Asian race which is specially enumerated in his warrant, which can be punished with a fine not exceeding RM50.

In Sabah and Sarawak, there are no Penghulus' Courts, but there are instead Native Courts having jurisdiction on matters of native law and custom. The Court for Children, previously known as the Juvenile Court, hears cases involving minors except cases carrying the death penalty, which are heard in High Courts instead. Cases for children are governed by the Child Act 2001. A child is defined as any person below the age of 18. The Special Court was established in 1993 to hear cases of offences or wrongdoings made by a Ruler. A Ruler includes the Yang di-Pertuan Agong (King), the sultans of monarchical states in Malaysia, the Yang di-Pertua Negeri, and the Yang di-Pertuan Besar, i.e.: the head of states of Malaysia and its component states. Prior to this, a Ruler was immune from any proceedings brought against them in their personal capacity. Syariah Courts There is a parallel system of state Syariah Courts which has limited jurisdiction over matters of state Islamic (sharia) law. The Syariah Courts have jurisdiction only over matters involving Muslims, and can generally only pass sentences of not more than three years imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.

Public Law and Private Law Public law is a theory of law governing the relationship between individuals (citizens, companies) and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law. This theory is at odds with the concept of Constitutional law, which requires all laws to be specifically enabled, and thereby subdivisions, of a Constitution. Generally speaking, private law is the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government. In many cases the public/private law distinction is confounded by laws that regulate private relations while having been passed by legislative enactment. In some cases these public statutes are known as laws of public order, as private individuals do not

have the right to break them and any attempt to circumvent such laws is void as against public policy. Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems. It is to be distinguished from public law, which deals with relationships between natural and artificial persons (i.e., individuals, business entities, and non-profit organizations) and the state including regulatory statutes, penal law and other law that affects the public order. In general terms, public law involves interrelations between the state and the general population, whereas private law involves interactions between private citizens. The concept of private law in common law countries are a little broader, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law.

Source of law in Malaysia Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and obligations related to the transfer and title of personal and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in legislation, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between

sovereign states in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual. Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge made law is not consolidated. In some countries, religion informs the law. Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the writer Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread. In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.

1. Common Law The laws of Malaysia can be divided into two types of lawswritten law and unwritten law. Written laws are laws which have been enacted in the constitution orin legislations. Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. For example, a law which is not enacted by the Parliament or the State Assemblies and which is not found in the written Federal and State Constitutions. Basically we can found it in the cases that are decided by the court, local customs and so on. Unwritten law comprised of English Law, Judicial decisions and Customs. 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. There are instances where Australian, Indian, and Singaporean cases are used as persuasive authorities. 2. Muslim law

Islamic law, which is only applicable to Muslims, is enacted under the Federal Constitution. The state legislatures have the power and are permitted to make Islamic laws pertaining to persons professing the Islam religion. Such laws are administered by separate court system, Syariah Courts. State legislature also has the jurisdiction over the constitution, organization and procedures of Syariah Courts. Now, Islamic laws are increasingly applied in banking and land laws other than applied to family matters and estate matters. The YDPA is the head of Islam in his home state, Penang, Malacca, Sabah, Sarawak and Federal Territories. The head of Islam of other States is Sultan. Function of law in Malaysia In furtherance of the protection and promotion of human rights in Malaysia, the functions of the Law shall be (a) To promote awareness of the provide education in relation to human rights; (b) To advise and assist the Government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken; (c) To recommend to the Government with regard to the subscription or accession of treaties and other international instruments in the field of human rights; and (d) To inquire into complaints regarding infringements of human rights referred to in section 12. Role of parliament The Parliament has power to make laws by the way of Dewan Rakyat and Dewan Negara passing a Bill and assented by the YDPA. A Bill can be proposed by either House of the Parliament (Dewan Rakyat or Dewan Negara). A Money Bill must be proposed by Dewan Rakyat and a minister. All Bills that will be passed by both of the House of Parliament must follow certain rules of the House. The Government and the members of Parliament may propose a Bill in the Parliament. The Governments proposed Bill will be drafted by the Attorney Chamber, acting on the instruction by the ministry or according to certain policies fixed by the ministry or cabinet.

All Bills that will be passed by a House of Parliament must go through four stages. First Reading Second Reading Committee Stage Third Reading When a Bill is passed, it will be sent to another House of Parliament. After both House had passed the Bill, the Bill will be presented to the YDPA. If a Bill had been amended by one of the House of Parliament, the changes must be agreed by the House of Parliament who proposed the Bill before the Bill is presented to the YDPA.The YDPA must assent to the Bill within thirty days and the Public Seal will be affixed. If His Majesty does not give his assent within thirty days, the Bill will automatically become a law; as if His Majesty had assented to it. The Bill will later be published as law in the Government Gazette and the law will take effect on the date of publication but the Parliament have power to postpone the operation of law in to an upcoming date or a date before the date of publication.

CURRENT LEGAL ISSUES ON WAQF IN MALAYSIA Posted on August 18, 2009 by hilalhilal| Leave a comment The author (Dr. Nuarrual Hilal Md. Dahlan) will only elaborate the above heading based on the courts decision in Majlis Agama Islam Selangor v Bong Boon Chuen & Ors [2008] 6 MLJ 488 (Court of Appeal).

The above case involves an appeal from the Majlis Agama Islam Selangor (MAIS) against the decision of the Shah Alam High Court dismissing MAIS application for leave to intervene into the judicial review proceedings filed by the owners (Bong Choon Chuen and others) of the residential units in Kota Kemuning and Kemuning Greenville, Shah Alam, Selangor (the applicant). The applicant sought at the High Court, inter alia, to review the decision of the Majlis Bandaraya Shah Alam (MBSA) in allowing a vacant land in Kota Kemuning, Shah Alam to be used as a Muslim burial ground. It should be noted that the purported land had yet

been gazetted as waqf by the Land Office pursuant to section 62 of the NLC. Further, application of MAIS for a declaration that the said land is a waqf in the Shah Alam Shariah High Court has yet been determined. On the other hand, MAIS application to intervene was based on the fact that MAIS had commenced an action in the Shah Alam Shariah High Court for a declaration that the vacant land was a waqf land and the Shariah High Court of having an exclusive jurisdiction to decide on the issue of waqf. In the Shah Alam High Court, MAISs application to intervene was dismissed on the ground that MAIS had failed to satisfy the requirements of Order 15 rule 6(2) of the Rules of the High Court 1980. Under this order, the court has power to include any parties, on its own motion or on application, to be joined as a party of any proceedings, if the court thinks just. In the High Court, MAIS argued, inter alia, that pursuant to section 7(1) of the Administration of Religion of Islam (State of Selangor) Enactment 2003, MAIS has a duty to promote, stimulate, facilitate and undertake the economic and social development of the Muslim community in the State of Selangor consistent with hukum syarak. In light of this provision, MAIS contended that they have a legal interest in the judicial review proceedings. Otherwise, the interests of all Muslim citizens in Selangor would be prejudiced and that would affect the integrity of MAIS. Further, it was contended by MAIS that MAIS as a body responsible to advise His Royal Highness the Sultan of Selangor in respect of all matters relating to the religion of Islam in the State of Selangor, should be directly involved in these proceedings so that it would be in a better position to understand the whole case and, consequently, be able to acquire a better perspective of those proceedings and ultimately be in a better position to advise His Royal Highness the Sultan of Selangor effectively. The Court of Appeal in majority 2 to 1 (Raus Sharif and Hasan Lah JJCA but Abdul Malik Ishak JCA, dissenting) dismissed the appeal of MAIS on the ground that Order 15 rule 6(2) of the Rules of the High Court 1980 is not applicable to judicial review proceedings. Instead the correct order to be applied is Order 52 rule 8(1), for MAIS to be made as an intervener in judicial review proceedings. Secondly, the Court of Appeal opined that in judicial review proceedings, the courts are only concerned with the decision making process of a public body and not the decision itself. In

other words, the courts are not going to substitute a fairer or just decision of that public bodys. If the decisions made are administratively sound, the courts have no power at all to interfere with the decisions made. Thirdly, even if Order 15 rule 6 (2)(b) of the RHC is applicable to a judicial review proceedings, the MAIS application has still failed to satisfy the judicial review requirements. This is because the issue of waqf as raised by MAIS is not that is just and convenient to determine within the judicial review proceedings. In fact, it is wholly unrelated to the core issue brought by the applicants in the judicial review proceedings. By raising the issue of waqf, MAIS was in effect, attempting to introduce an entirely independent and new cause into a judicial review proceedings. This is not permitted under Order 15 rule 6(2)(b) of the RHC. In the opinion of the author, the land being the subject matter in the above case, even though it was contended to have become a waqf land, is yet to be so. This is so on the ground that the said land has not yet been gazetted as a waqf land by the land office pursuant to provision under section 62 of the NLC. Thus, it is opined, the act of MAIS to intervene is premature. Further, according to section 13(e) of the Wakaf (State of Selangor Enactment) 1999 (Enactment No. 7 of 1999) provides: A wakaf is invalid if(e) it is inconsistent with Hukum Syarak or any written law. Thus, referring to the above case law, even though according to Hukum Syarak that a particular land can be considered a waqf land, the said land still could not be considered as such because the said land has not yet been gazetted as a waqf land pursuant to section 62 of the NLC. It is opined the word written law under section 13(e) of the Wakaf (State of Selangor Enactment) 1999, is the National Land Code 1965. The above contention may be further supported by section 4(2)(e) of the NLC itself, which reads: Except in so far as it is expressly provided to the contrary, nothing in this Act shall affect the provisions of (a)(e) any law for the time being in force relating to wakaf. Thus, even though there has been a purported waqf land by the religious council according to Islamic Law, if the waqf has not been gazetted pursuant to section 62 of the NLC, the waqf is still not a valid waqf. This is so bearing on the provision in section 13(e) of the Wakaf (State of Selangor Enactment) 1999 and the sentence Except in so far as it is expressly

provided to the contrary, under section 4(2)(e) of the NLC. On the contrary, in G Rethinasamy and Shaik Zolkaffily bin Shaik Natar, as in Penang during the course of litigation of this case there was no similar provisions similar to section 13(e) of the above enactment available and enforced in Penang. Thus it follows that, in the opinion of the author, in both cases (G Rethinasamy and Shaik Zolkaffily bin Shaik Natar) even though waqf had yet been gazetted under section 62 NLC, the purported waqfs were still considered valid waqfs by the courts and the provisions under the NLC had no application over waqf lands pursuant to section 4(2)(e) of the NLC. Hence following the above case law (Majlis Agama Islam Selangor v Bong Boon Chuen & Ors), the purported waqf in Sahul Hamid & Anor v Negri Sembilan Religious Council & Ors JH [1417] H Jilid X Bhd II and Haji Hassan v Nik Abdullah & Ors [1969] 2 JH 124, may not be a true and valid waqf protected under the Malaysian laws, even if the said purported waqf is recognized by Islamic law but it is still has not been gazetted under the NLC. If these cases were to occur in Selangor now, the waqf occurring in Sahul Hamid & Anor v Negri Sembilan Religious Council & Ors and Haji Hassan v Nik Abdullah & Ors, may not be considered a valid waqf, in the eyes of the Malaysian laws (for instance under the NLC). However, as there is no similar provision of section 13(e) of the Wakaf (State of Selangor Enactment) 1999 in other states, except Malacca, the author opine that similar disputes as occurring in Majlis Agama Islam Selangor v Bong Boon Chuen & Ors might occur again in the future in other states in Malaysia, unless there is an efficient administration and clear law which can govern waqf and its validity as well as to protect the waqfs stakeholders and beneficiaries.

History English Law English law can be found in the English common law and rules of equity. However, not all of them are form part of Malaysian law. Section 3(1) of the Civil Law Act 1956 provides that in Peninsular Malaysia, the courts shall apply the common law of England and the rules of equity as administered in England on the 7th of April 1956. Meanwhile in Sabah and Sarawak, the courts shall apply the common law of England and the rules of equity, together with statues of general application, as administered or on force in England on 1 December 1951 and 12 December 1949.

In addition, the application of the English law in Malaysia is subject to two limitations. It is applied only in the absence of local statues on the particular subject where the local law takes priority over English law as the letter is meant to fill the gaps in the local system. Only that part if the English law that is suited to local circumstances will be applied. The provision to Section 3(1) of the Civil Law Act 1956 is the authority for this. It states that the common law, rules of equity and statues of general application shall be applied so far only as circumstances of the states of Malaysia and their respective inhabitants permit, and subject to such qualification as local circumstances render necessary.

Role Prime Minister The Prime Minister of Malaysia is the indirectly elected head of government (executive) of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives (Dewan Rakyat), the elected lower house of Parliament. He heads the Cabinet, whose members are appointed by the Yang di-Pertuan Agong on the prime minister's advice. The Prime Minister and his Cabinet shall be collectively responsible to Parliament. The Prime Minister's Department (sometimes referred to as the Prime Minister's Office) is the body and ministry in which the Prime Minister exercises its functions and powers.