Introduction: The concept of law

• Classification of law.
• Sources of law.
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 2
What is ‘LAW’?
�Rules and regulations.
�The body of enacted or customary rules recognized by a community
as binding-Oxford English Dictionary.
�The body of principles recognized and applied by the state in the
administration of justice-John Salmond, Jurisprudence.

Definition under Federal Constitution.

�Article 160 of the Federal Constitution provides that “law” includes
written law, common law in so far as it is in operation in the
Federation or any part thereof and any custom or usage having the
force of law in the force Federation of any part thereof.
 CLASSIFICATION OF LAW
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PUBLIC LAW INTERNATIONAL LAW PRIVATE LAW

(individuals and (individuals
the State) (law that prevails inter se)
between States)

PUBLIC PRIVATE
INTERNATIONAL INTERNATIONAL
LAW LAW

CONTRACT TRUST
CONSTITUTIONAL CRIMINAL LAW (Rights and (Relationship
LAW (Rights of (offences against the State.
obligations between trustee
individuals in the Obligations imposed on
State) individuals) that arise by and beneficiary)
agreement) TORT
(Offences
against
individuals)
 THE SOURCES OF LAW
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Meaning of sources of law:

� Historical Sources-Religious beliefs, local customs
and opinion of jurists.
� Legal Sources-Legal rules that make up the law.
� Places where the law can be found-Statutes, law
reports, previous decisions of the courts and text
books.

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 • The Straits Settlements comprised of Penang, Singapore
5 and Malacca and was a British colony under direct British
administration.  The Charters of Justice (1807, 1826 and
1855) introduced and applied English law and established
courts of justice. 
• The Straits Settlements was treated as part of the
British Indian Empire and came under the legal, political
and executive sovereignty of the Bengal Presidency. 
• As a result, the laws introduced were based upon similar
laws introduced and applied in India, for example, contract
law which is based upon the  Indian Contracts Act,
evidence, criminal law and criminal procedure.
 
  

6 •The Straits Settlements ceased to be part of the

Indian administration from April 1867 with the
passing of the Government of the Straits Settlements
Act 1866 (29 & 30 Victoria c 115), whereby the
Legislative Council of the Straits Settlements was
given legislative authority. 

•Ordinances began to be promulgated and published

with the establishment of the Straits Settlements
government gazette on1 April 1867. 
 
� While the Straits Settlements were
colonies under direct British rule, the rest
of the states in Peninsula Malaysia were
ruled by Sultans who were embroiled in
various succession disputes in their
respective states. 
� With the signing of the Treaty of
Federation 1895, four states - Perak,
Selangor, Negeri Sembilan and Pahang
became “Protected States” or more
commonly known as the Federated Malay
States (FMS)
� Administrative coordination was achieved
by the Governor of the Straits
Settlements who was concurrently
designated the High Commissioner of the
FMS.  Legislation was enacted by a
Federal Council constituted in 1909 with
the rulers as members. 
� This arrangement continued until the
amalgamation of all states by the British
Military Administration in 1946 to form
the Malayan Union.
 � Following  the end of the Japanese occupation of
9 Malaya (1942-1945), the British government mooted
the idea of a Malayan Union comprising all the Malay
states and Penang and Malacca.  However, this was
vehemently opposed by the Malays, as a result of
which it was disbanded in 1948 in exchange for a
federal system.
� The concept of federation established a central
Federal Government while preserving the integrity of
the individual states and their Rulers.  The Federation
of Malaya Agreement 1957, which revoked the earlier
Agreement of 1948, gave birth to the Federal
Constitution and an independent Malaya on 31 August
1957
 � Laws that were promulgated at Federal and State levels were
10 published as part of the respective Federal and State
Gazettes. 
� After 1957, Federal Legislation continued to be termed
“Ordinances” due to constitutional provision, which provided for
the Legislative Council established under the Federation of
Malaya Agreement 1948 to continue functioning until 1959. 
� The Council was dissolved in 1959 by proclamation, and
thereafter Federal Legislation came to be termed “Acts” with
the first Parliament sitting on 11 September 1959.
�  The Malaysia Act 1963 created the State called Malaysia,
which is made up of eleven states of the former Federation of
Malaya, Sabah, Sarawak and Singapore.  In 1965, Singapore left
Malaysia and became an independent State.
 SOURCES OF MALAYSIAN LAW
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WRITTEN LAW UNWRITTEN LAW

Federal
Constitution

State English Law Case Law/Judicial Customary Law Islamic/Shari’ah

Constitution Precedent/ Law
Doctrine of Stare ❑Al-Quran
Decisis ❑Al-Sunnah
Legislation ❑Qiyas
Common Equity ❑Ijma’
Law West Msia East Msia
Subsidiary
Adat Temenggung ❑Adat Melayu
Legislation
❑Adat Perpatih ❑Adat Bumiputera
❑Chinese&Hindu ❑Chinese Customary
Customary Law Law
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� Written Law-The law that have been codified or
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recognized by the Federal and State Constitution and
embodied in a code or statute including subsidiary or
delegated legislation.
� Federal Constitution-Supreme law of the land, together
with the Constitution of the 13 states comprising the
Federation.
� Laying down the powers of the Federal and State
Governments and also enshrines the basic or fundamental
rights of the individual. This Constitution can only be
amended by a two-thirds majority of the total number
of members of the legislature.
13 State Constitution-Each State possesses its own
constitution regulating the government of that
State. The State Constitution contains provisions
which are enumerated in the Eight Schedule to
the Federal Constitution.
Article 75 of the Fed Cons-’If any State law is
inconsistent with a federal law, the federal law
shall prevail and the State law shall, to the
extent of the inconsistency, be void’..
14 THE MOST IMPORTANT HOUSE IN MALAYSIA
15 Legislation
�Constitution of Parliament-Article 44 of the Fed Cons:
The legislative authority of the federation shall be
vested in a Parliament, which shall consist of the Yang
Di-Pertuan Agong and Two Majlis (Houses of Parliament)
to be known as the Dewan Negara (Senate) and the
Dewan Rakyat (House of Representatives).
�Laws enacted by Parliament after 1946 but before
1957 are called Ordinances, laws enacted after 1957
are called Acts, laws made by the State Legislative
Assemblies (except is Sarawak) are called Enactments)
and the laws in Sarawak are called Ordinances.
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17
 � At the Federal level, the legislative power
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is vested in a bicameral Parliament headed
by the Yang di-Pertuan Agong and
comprises the Dewan Negara (House of
Senate) and Dewan Rakyat (House of
Representatives).
� The Dewan Negara has 70 members, of
whom 44 are nominated by the Yang di-
Pertuan Agong, and 26 elected by the State
Legislative Assemblies.
19
�The Dewan Rakyat is fully elected and
has 222 members.
� The duration of the life of each
Parliament and State Legislatures is
about five years and is split into one-
year sessions, after which the session
is terminated or prorogued, usually in
September.
 20 HEAD OF THE STATE

• In Malaysia the Yang Dipertuan Agong

is a Consitutional Monarch
• His powers are defined in the
constitution and his roles and
responsibilities are also governed
under the constitution
• The YDPA will normally officiate the 1st
sitting of Parliament
 � The distribution of law-making authority between
21 the Federal and State Governments is enumerated
in the Ninth Schedule of the Federal Constitution,
and is set out in a Federal List, State List and a
Concurrent List.
� The main subject areas of the Federal List are
external affairs, defence, internal security, civil
and criminal law, citizenship, finance, commerce
and shipping industry, communications, health, and
labour.
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� The State List comprises matters such as land,
agriculture, forestry, local government, riverine
fishing, Muslim law, etc.
� The Concurrent List, under authority of both the
Federal and State Governments, covers social
welfare, scholarships, protection of wildlife, and
town and country planning. Should any
inconsistency between federal and state law exist,
federal law takes precedence over state law.
23 PROCEDURE FOR THE ENACTMENT OF
AN ACT OF PARLIAMENT
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Pre-parliamentary stage
•Proposal submitted.
•Meetings between relevant
authorities.
•Drafting of Bills by Attorney
General Chambers.
•Cabinet approval.
Parliamentary stage

� First25 Reading-Minister formally introduces the Bill in Dewan

Rakyat by having its short title read.
� Second Reading-Debate on the general principles of the Bill,
followed by a vote.
� Committee Stage-Detailed examination of the Bill and
consideration of amendments, followed by a report on the Bill
to the Dewan.
� Third Reading-Further debate on the general principles of the
Bill, followed by a vote.
� Dewan Negara-Similar procedures as in the Dewan Rakyat. If
passed, the Bill is referred back to the Dewan Rakyat.
� Royal Assent-The Yang Di-Pertuan Agong affixes the public
seal within thirty days of presentation. Bill becomes an Act.
� Publication-Act comes into force.
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 Subsidiary Legislation
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Defined by the Interpretation Act 1967 as ‘any
proclamation, rule, regulation, order, notification,
by-law or other instrument made under any
Ordinance, Enactment or other lawful authority and
having legislative effect’.

Significance
•Legislation and the State Legislatures are
insufficient to provide the laws required for everyday
matters.
•Deals with the details which legislature has neither
the time nor the technical knowledge to enact laws.