Sources of

Malaysian
Law.

GROUP 2
SOURCES OF
MALAYSIAN
LAW

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S u i t e s
 FEDERAL CONSTITUTION STATE CONSTITUTION

• Called as Undang-Undang Tubuh Negeri. Have in 13 • every state has their own constitution
states
• consists of provision listed in the 8th schedule
• is the supreme law of Malaysia
• According to Article 7 of the Federal Constitution, if such
• it enshrines the basic or fundamental rights of the important provisions are missing, or it any provision is in
individual consistent with them , Parliament can make provision to
give effect to them or to eliminate any inconsistencies.
• there is two-thirds of majority of the total number
of members of the legislature, the Constitution can
be change

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S u i t e s
 LEGISLATURE SUBSIDIARY LEGISLATION

• In theory, power to rule in Malaysia is divided into

• Law enacted by the legislature and by bodies and
persons authorized by the legislature. Body of law
• Legislatives bodies in Malaysia
legislative executive judiciary
Federal : Parliament (Dewan Rakyat dan Dewan Negara)
Called as ACT • Power to make law is vested to the legislative
body.
State : Legislative Assembly Called as Enactment and • However, there are too little laws made by
Ordinance (Sarawak) legislative body.
• Word Ordinance also used for any law passed • Part of the power is vested to the executive body.
• Legislation made by the executive through
delegation is known as subsidiary legislation

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S u i t e s
 • doesn’t mean that it is not
written
• what made it unwritten is that
it is not made by the formal
UNWRITTEN legislative bodies
LAW • Sources of unwritten law are:
1. English law
2. Case law
 3. Customs

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S u i t e s
 ISLAMIC LAW ( Syariah )

Sacred law of Islam revealed through Syariah courts dealing with matters of
Prophet Muhammad (p.b.u.h) in the Islamic Law like family, dividing
Quran and Sunnah. property, maintenance

Malay-Muslim Law was the basic law of Administration of Islamic Law :

the land before British intervention
• Majlis Agama Islam
• Mufti
After British intervention, Muslim Law • National Fatwa Committee
had been reduced to manage personal
matters

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S u i t e s
Thank You