MALAYSIAN LEGAL SYSTEM

Topic 1

INTRODUCTION TO LAW
Introduction
 A MEANS or DEVICE to REGULATE
the economic and social behavior of
society

TOOLS such as legislation and case-law

 Why?
• Law is a DYNAMIC and EVER-CHANGING field
that AFFECTS everyone.

• Studying the legal environment of business

helps us understand how to REDUCE LIABILITY
RISKS, IDENTIFY LEGAL PROBLEMS that
require an attorney’s assistance, and identify
the LINKS BETWEEN BUSINESS AND THE LAW.
 Definition

A general rule of
conduct.
The body of ENACTED
or CUSTOMARY rules
recognized by a
community as binding.
 John Salmond John Austin

The body of principles A command set by a

recognized and applied superior being to an
by the State in the inferior being and
administration of justice. enforced by sanctions
(punishments).
 Classification of Law
Malaysian legal system – COMMON LAW SYSTEM.

Public law

• Law that governs the relationship between individuals and

the state.
• Constitutional law and criminal law.

International law

• Principles and rules of conduct which states feel themselves

bound to observe.
• Public international law and private international law.

Private law

• Matters that affect the rights and duties of individuals.

• Contract, tort, trust.
Sources of Law
 Sources of Law
MALAYSIAN LAW

Written Unwritten law Islamic law

The Federal and

English law
State Constitution

Legislation enacted
by Parliament and Case law
State Assemblies

Subsidiary
Customs
legislation
 Constitution
• Laying down the
powers of the
Federal and State
governments.

• Enshrines the basic

and fundamental
rights of the
individual.
Legislation
• Law enacted by a constituted
body.
• Legislation made by
PARLIAMENT at the
FEDERAL LEVEL and by STATE
LEGISLATIVE ASSEMBLIES at
STATE LEVEL.
– Acts: laws enacted by the
Parliament.
– Enactments: laws made by
state legislative assemblies.
– Ordinances: laws in Sabah
and Sarawak, laws before
1957, and laws during
emergency.
 Subsidiary Legislation
• “Any proclamation, rule, regulation, order, notification, by-law or
other instrument made under any ordinance, enactment or other
lawful authority and having legislative effect” – Interpretation
Act 1967.
• Law made by an authority other than the legislature UNDER
POWERS GIVEN to it by a primary / parent legislation.
• Parent Act: the Act, Enactment or Ordinance that confers power
to the relevant authority to make the subsidiary legislation.
• The relevant authority then makes the subsidiary legislation.
• The importance?
– Legislation is INSUFFICIENT to provide the laws.
– Deals with the DETAILS.
 English Law
• EL is used as a source of law which was
provided in s.3 and s.5 of Civil Law Act 1956.
• However; s.3 is bound on TWO LIMITATIONS:
– IN THE ABSENCE OF LOCAL STATUTES
– SUITED TO LOCAL CIRCUMSTANCES
 Doctrine of Judicial Precedent
• Judicial decisions of
courts.

• PRECEDENTS =
decisions made by
judges in similar
conditions.
 Customs
• Customs of the LOCAL INHABITANTS in Malaysia.

Malays Hindus

Native in
Chinese Sabah and
Sarawak
 Muslim Law
Syariah
Muslims States
Courts
 Judicial System in Malaysia
Hear appeals from CoA and trials
Federal Court for constitutional issues.
Superior/Higher
Courts

Court of Appeal Hear appeals from HC.

Civil: >RM1million exc. Tenancy,

High Court accidents, distress.
Criminal: All.
Civil: >RM250k - <RM1million .
Unlimited for tenancy, accidents,
Sessions Court
Lower Courts
Subordinate/

distress.
Criminal: All exc. Punishable with
death
Magistrate Court Civil: <RM250k.
Criminal: <5y imprisonment,
RM100k fine, <12 whipping.
 Summary
• Law is a tool to regulate and control the life of
society to be in peace and harmony.

• Malaysian legal system is based on common law

system and partly Islamic law.

• Video explanation:
https://www.youtube.com/watch?
v=H64ATEzBwp4