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ESSF0074 Topic 3 - Sources of Malaysian Law
ESSF0074 Topic 3 - Sources of Malaysian Law
ESF0074/ESSF0074
© 2011, Oxford Fajar Sdn Bhd, Business Law, by Lee Mei Pheng and Ivan Jeron Detta.
Reconstructed by NOOR MAIZUDIN BIN MOHAMAD NOOR, Faculty of Business Administration, UMTECH, 2012.
Introduction
The main sources of Malaysian law:
Written law,
Unwritten law; and
Islamic law
Written Law
Written law means that it is written in black and white. It refers
to the laws embodied in the Federal and State Constitutions
and in a code or a statute, including subsidiary or delegated
legislation.
Section 3(1) of the Civil Law Act 1956 (Revised 1972) provides
that, in Peninsular Malaysia, the courts shall apply the common
law of England and the rules of equity as administered in
England on 7th April 1956. In Sabah and Sarawak, the courts
shall apply the common law of England and the rules of equity,
together with statutes of general application, as administered or
in force in England on 1st December 1951 and 12th December
1949 respectively.
Unwritten Law
English Law
However, this is subject to two conditions: