UL02102

LAW & SOCIETY

[UNDANG-UNDANG & MASYARAKAT]

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 TOPIC 1

AN INTRODUCTION TO THE
MALAYSIAN
LEGAL SYSTEM
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 CONTENT
TOPIC 1
• The Federation Persekutuan
• Legislative and Executive Powers Kuasa
perundangan & kehakiman
• A Secular State negara sekular
• Constitutional Monarchy raja berperlembagaan
• The Conference of Rulers persidangan pemerintah
• Yang di-Pertuan Agong
• Parliament
• The Executive
• The Judiciary badan kehakiman
• Malaysia Legal System
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 THE FEDERATION
Johor, Kedah, Sabah
Kelantan, Terengganu,
Negeri Sembilan,
Pahang, Perak, Perlis,
Selangor, Melaka, and
Pulau Pinang Sarawak

• MALAYSIA is a federation of thirteen states.

( Johor, Kedah, Kelantan, Melaka, Negeri Sembilan,
Pahang, Pulau Pinang, Perak, Perlis, Selangor and
Terengganu. )
• Three federal territories wilayah persekutuan
( Kuala Lumpur, Putrajaya and Labuan. )
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 LEGISLATIVE AND EXECUTIVE
POWERS
1. Federal Legislative List Citizenship Defence
Parliament may make laws on
matters in the Federal List,
such as:
• Federal Citizenship
• External affairs, defence, Currency Communications
internal security
• Finance (include currency)
• Shipping, communication
and transport, education
• Civil and criminal laws
• Medicine Finance Criminal Law
• National holidays
• Newspapers and publications
• Education
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2. State Legislative List
States may make laws for
Laws for Muslims Land
their own States on matters
in the State List, such as:

• Islamic law and family law of

Muslims
Syariah Court Forestry
• Syariah courts
• Land
• Forestry
• Mining perlombongan
• Libraries
• Museums Mining Libraries
• Local government kerajaan
tempatan
• Local services e.g. markets
• There are additional sub-lists
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3. Concurrent Legislative List
Parliament and States make
National
laws on matters in the Fire Safety
Parks
Concurrent List senarai
bersama, such as:

• Social welfare kebajikan sosial,

scholarships Sports Heritage
• National parks
• Prevention of cruelty to
animals
• Fire safety measures
• Town and country planning
• Culture and sports Water
Housing Supplies
• Housing
• Water supplies and services
bkln & prkhidmatan air,
preservation of heritage
pemeliharaan warisan 7
 A SECULAR STATE
The federation is a secular state
• Secular state is a concept of secularism, whereby a state or
country is officially neutral in matters of religion, neither
supporting nor opposing any particular religious beliefs or
practices.

Supreme law
• Supreme law is the Federal Constitution, not the Syariah or
Islamic law.

Common law
• The basic law of Malaysia
• Principles of which have their origin in England.
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CONSTITUTIONAL MONARCHY

The Yang di-Pertuan Agong (YDPA) is Malaysia’s

Head of State.

He is elected by the Conference of Rulers, by rotation,

from the Rulers of the nine Malay States.

As a constitutional monarch, he is required to exercise

his executive powers on the advice of Cabinet.
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THE CONFERENCE OF RULERS
Constitutional body comprising
the rulers and the Yang di-
Pertua-Yang di-Pertuan Negeri.

Held three or four times in a year

and each conference lasts three
days.

Every conference has as its

chairperson the ruler who ranks
the highest in terms of seniority.
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 FUNCTIONS OF THE
CONFERENCE OF RULERS

Electing and Deciding on the

extension of any Giving or withholding
removing the
religious acts, consent over matters such
Yang
observances or as:
di-Pertuan • Laws affecting the privileges,
ceremonies to the
Agong position, honours or dignities
country as a
and his Deputy whole of the Rulers
• Laws amending Article 152
(Malay Language) or Article
153 (Special Position
Bumiputera)
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 Elected by the
The supreme conference of Must be one
rulers for a term of
head of 5 years or when of the nine
Malaysia those post fall rulers
vacant

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RIGHTS AND ROLES
Executive authority

Even every act flows from his authority

but YDPA must act in accordance with
the advice of cabinet

Legislative power
• he has 30 days to assented the bill passed by Parliament
otherwise on expiry of the 30 days period, it becomes law

The prerogative
• traditional aspects of the rulers’ power (include Agong) such as
the power to award honours and other ceremonial powers.
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PARLIAMENT

YP
A
Senate
(Dewan Negara)

House of Representatives
(Dewan Rakyat)
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 DEWAN RAKYAT DAN
DEWAN NEGARA
Dewan Rakyat Dewan Negara
Number of 222 70
Members
Mode of Elected by adult • Elected by State
Appointment suffrage (eligible Legislatures ( 2 each)
voters) • Appointed by the
YDPA in respect of
Federal Territories
(4)
• Appointed by the
YDPA (40)

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 Political executive
Originated from (Cabinet) should
British Westminster come from the
Model. majority party in
Parliament
Parliament.
democracy based
on Westminster
General election Model
There is no real
separation between
will be held at the legislature and
least once every 5 political executive.
years.

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 THE EXECUTIVE
The authority is allocate to YDPA, act in
accordance with the advice of cabinet

Vested in the cabinet led by the Prime Minister

PM as the head of the government, followed by

the cabinet

The Executive has the power and authority to

generate revenues 17
 THE JUDICIARY
Federal Court

Court of Appeal

High Court of High Court of Sabah

Malaya and Sarawak

Subordinate Subordinate
Courts Courts

Syariah Courts
• The High Courts and the Subordinate Courts
have no jurisdiction over Syariah Court matters 18
Judiciary led by Yang di-Pertuan
Agong (YPA)
1
PM advises the YPA to appoint the
person selected by the PM as a
judge.
2
YPA appoints that person as judge,
after consulting the conference of
rulers .
3
Numbers of judges in the courts
will decided by YPA
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Judiciary is independent of the executive and
the legislature, though the executive maintains
a certain level of influence in the appointment
of judges to the courts.
Function of Judiciary :

Authenticate and interpret

rules.

Manage justice with wary

Invalidate the dissent rules

with federal constitution
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 Civil and
criminal actions
can be
commenced
against the YDPA
and the state
He is elected by Rulers The Yang di-
the Conference of Pertuan Agong
Rulers, by
rotation, from the (YDPA) is
Rulers of the nine Malaysia’s Head
Malay States of State

Component
States of
Federation

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MALAYSIA LEGAL SYSTEM

Syariah
Law

Common
Law

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COMMON LAW TRADITION
Privately
administe
red by
British British
intervention North
Received and indirect Borneo
together with rule through Company
British treaties and ‘White
administration protection Rajahs’

British Sabah and

colony- Sarawak
Straits became
Settlement British
(Penang, protectorates
Singapore, in 1888
Melaka) 23
 BASIC LAW BEFORE
BRITISH COLONIZATION
Malay adat law-since heyday of Melaka
Sultanate in the mid-fifteenth century
Composite of indigenous Malay adat law with
Hindu-Buddhist elements

Overlaid with principles of Syariah law

Latter received with the coming of Islam

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 Based on
Introduced
British
to Straits
Indian
Settlement
models
Common
law
Received in
replaced
a similar
the Malay-
manner in
Muslim
the Borneo
Law as the
state
basic law of
land. 25
 Malay-Muslim Law
Had been replaced by Common law as
the basic law of the land

Concerning family and religious matters

applicable only to Muslims

Administered by the Syariah Courts

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 Common Law & Malay-Muslim Law

Common But Malay-

Law replaced Muslim Law Syariah Syariah court
Malayan is a Malay- still functioned court is a operate
Multi-ethnic Muslim Law and parallel to
state as the basic administered system of the federal
law of the by the Syariah state court court
Court
land

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 Aboriginal
customary
laws

Native Chinese
customary law CUSTOMARY
of Sabah and LAWS customary
Sarawak laws

Hindu
customary
laws
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Declining Importance
of Customary Law
Only Adat Perpatih is still practised in
Negeri Sembilan and Malacca.

Native court of Sabah has jurisdiction.

Legal aspects of marriage and divorce among

non-Muslim governed by the Law Reform.

Only non-Muslim of Sabah and Sarawak

remain vibrant.

Procedure of the Native Courts too

informal.
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Growing Importance of
Islamic Law

Islamic
resurgence
in Malaysia.

Islamic values
absorbed in
administration
of government
policy.

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