Explain the doctrine of ‘Reception’ and its types.

Reception refers to the process whereby one country voluntarily chooses to accept or
receive the laws with another country or is involuntarily infused with such laws by an
ascendant state. English law is the most important part in Malaysian Law. Furthermore,
according to The Reception of Law by D. J. Galligan , the reception of law refers to the
process of drawing ideas that involve law as a system of rules, the social context of rules, the
acceptance and variability of law, social spheres, and other such concepts, in analysing how
groups of citizens and officials handle and use the law to take care of its demands, or push
this to the side-lines. In Article 160 of Federal Constitution, ‘law’ includes the common law
is so far as it is operating in Federation or any part thereof which means English Law is
applicable in Malaysia. In Section 3 of Civil Law Act 1956, English Law means that ‘the
common law of England and the rules of equity’ and its prescribed circumstances, English
Statutes.
There are few types of reception applied in Strait Settlements. Firstly, automatic
reception is applied when an uninhabited or barbaric territory is first occupied and civilized
by the British settlers. This means that all of English law will automatically receive into the
territory. This rule was referred to settled colonies which is unsettled lands that settled by the
British settlers when they arrived in here.
The next reception is Terra Nullius which means nobody’s land. It is used in
international law to describe territory which has never been subject to the sovereignty of any
state or any sovereign before has expressly or implicitly relinquished sovereignty. For
instance, Penang was regarded as ‘terra nullius’, an uninhabited land when it was leased to
the British However, in actuality, it had been settled by a relatively large Malay population
that followed Kedah laws. This was because Penang had belonged to the Sultanate of Kedah.
Furthermore, express reception refers to reception by clear wording and express
words of the law in each territory. For example, a particular provision stated the application
of English law in that particular territory is said to be as express reception.
Moreover, implied reception refers to the interpretation made by the court to prevail
justice and right. This reception had discussed in the case of Fatimah v Logan (1871), in this
case there was a Muslim died in Penang and left behind him a will. The deceased in his will
mentioned about particular land in Penang that was to be for waqf and kendoories. They
questioned that what law should be applied to determine the validity of the will. The court
held by virtue to first Charter of Justice 1807, the law of England became the law of the land
to all settled at there. The deceased that passed away in Penang was subject to the law of
Penang at that time. Hence, with this judgement show that there was no law in Penang before
so the colonizer will apply their law on that land. In other words, when implied reception the
colonies never bring provision or law to the territory however when comes into a case, their
judges will only use their country’s law to judge the case.
Besides that, involuntary reception occurred when law is imposed on the ceded
colony without consent by the local inhabitants. The local inhabitants were forced to accept
and the implementation of other country’s law. On the other hand, voluntary reception is the
reception which is voluntarily accepted by the local inhabitants. For instance, the application
of English law by virtue of section 3 and 5 of the Civil Law Act 1956 is one of the
involuntary receptions in Malaysia.
Last but not least, veneration reception only occurs if alien norms, institutes or a
whole system is adopted for their venerated position and prestige of cultural background. For
instance, the prestige of the cultures of the ancient Greeks and Romans was certainly an
important factor which motivated the reception of Roman law in medieval Europe. In the
contrast, necessity reception only implied when there is a need to change of legal system in
one culture and another existing culture provides an opportunity to satisfy the need. However,
there are some contradictory between veneration reception and necessity reception. The
veneration reception cannot occur if there is no need for it in the recipient culture and while
in necessity reception it is only legal phenomena of a prestigious origin would be adopted.