Introduction to law Any law made by Parliament or by State

Constitution that inconsistent with Federal

Definition Constitution is VOID

A body of rule which is enforceable by Classification of law

the State (federal & state not
necessarily to have same law) 1) Public law

the procedures and the rules of PL is basically the law which governs the
conduct or act which one uses ones relationship between individuals and the
every senses in order to harmonise State.
the convenient of oneself and or
PL further divided into constitutional and
another
criminal law
The aim of law is
Constitutional law - defines the
To attain justice structure of government and the
right of individual under that
To encourage the doing of government.
what is right or just in a
particular set of Criminal law codifies the various
circumstances offences committed by individuals
against the State.
Law in Malaysia
2) International law (public n private)
Peninsular Malaysia, Sabah and Sarawak - one
political unit, but is not governed exactly the Law that regulates the relationship
same set of laws. between one state and another.

Two important links-the Parliament and the E.g.: Singapore & Malaysia (Pulau Batu
Federal Court Puteh)

The Parliament can and does Public Malaysia n Sgpore Pulau Batu
legislate for the whole Puteh
country.
Private Altantuya n Malaysia
The FC acts as a final court of
3) Private law
appeal for the whole country
Private law deals with the relation
Malaysia is a federation of 13 states and 3
between a citizen and another. It is
Federal Territories. And it has a Federal
also known as civil law.
Constitution and a 13 State Constitutions
It includes contract, Family Law, Tort
Federal Constitution is the Supreme Law of
(wrongdoings that are done by one
the land. State Constitution is law made by
party against another), Land Law and
State to govern her own state.
commercial law in general. Legal
action may be commenced or
initiated by individuals seeking for
damage or compensation
Tort. Included: Defamation, nuisance, nervous Separation of power
shock, negligence, trespasser

Sources of law
In theory, power to rule in Malaysia is divided
Sources of law can be classified into: into:

1. Written Body of law

The most important source of law. It -Legislative -executive (ex: police)

refers to that portion of Malaysian Law,
which includes: -judiciary

The Federal and State - Power to make law is vested to the

Constitution legislative body.

Legislation enacted by Parliament - Part of the power is vested to the

and State Assemblies executive body (e.g. police etc.).

Subsidiary legislation (A statute Judiciary is the system of court.

will confer power on an authority
for it to enact rules and
regulation. An example of
delegated legislation is the
parking by laws)
2. Unwritten law
What made it unwritten is that it is not
made by the formal legislative bodies
Application of English law
The English Law is adopted so far as they
were suitable to local conditions. Many
of the local laws especially those affecting
trade, commerce and banking were
patterned on English Models (or in some
instance other colonial laws)

Sources of unwritten law are:

English law (it is applied only in

the absence of local statutes on
particular subjects and only part
of the EL that is suited to local
circumstances will be applied)

Judicial Decisions previous cases

Customs

3. Islamic law

Applicable to muslim only

Family matters (
marriage/divorce)

Estate matters (inheritance)