The Source of Malaysian Law

Law does play an important role in our lives affecting almost everything we do. It fits
comfortably into our lives and conduct and generally we do not notice it. For instance vast
majority of people are unaffected by criminal law simply because they do not indulge in such
conduct, criminal behavior not being a part of their normal lives. Do we really need laws,
probably not if a person lives alone on an Island. In general people do not live alone and in
complete isolation from other human beings. Living together necessarily involves social
interaction. That involves the interaction of people in the community, which stipulates what
behavior is acceptable and what is not. Conflicting interests need to be resolved.
The sheer pressure of living together inevitably leads to the evolution of customs and
practices, which then regulate activities of the community. In time some eventually acquire
the status of rules or law through a recognized community process. In short it is probably
accurate to say that law is a natural consequence of living together, a means of achieving
order embodied in the notion of Law and Order.
Some country practices one type of legal system and some practices the mixed legal system.
Malaysia practices the mixed legal system which includes the Common Law, Customary Law
and Islamic law. Malaysias legal system contain laws which have taken place from three
momentous periods in Malaysian history from the Malacca Sultanate, to the raise of Islam to
Asia, then the indigenous culture of British colonial rule which introduced a constitutional
government and the common law. The law of Malaysia is primarily come from the common
law legal system. The sources of Malaysian Law can be classified into two different laws
which are written and unwritten.
Written law is the most essential source of law which includes Federal and State
Constitutions, Legislation and Subsidiary legislation. The Federal Constitution of Malaysia is
the supreme law of Malaysia. The Constitution came into force right after the Independence
Day on August 31, 1957 which includes 15 Parts, 183 Articles and 13 Schedules. Another
written law is State Constitutions that are constitutions of the 13 States in the federation. It
contains provisions listed in the 8th schedule that are to be include in the State Constitution
such as the Ruler, the Executive Council and the Legislature and may more.
On the other hand, unwritten laws are laws which can be found in case decisions. This
includes English law, judicial decisions and customs. It is not endorsed by the Legislature
which is not found in Federal and State constitutions. The English Law can be divided into
two which are the English Commercial Law and English Land Law. Section 3(1) (a) Civil
Law Act 1956 provides that The English Commercial Law is applicable in Peninsular
Malaysia and Civil Law under same section states that east of Malaysia should apply
common law and law of equity together with statutes of general application as administered
in England.Other than that, unwritten laws are laws which can also be found in Judicial
precedents.This refers to the law as developed through cases decided in the superior courts.
Sometimes referred to as judge-made law, it is another very important source of law. Under
the doctrine of binding judicial precedent, which is also observed in Malaysia, the decisions
of the higher courts must be followed by the lower courts in similar cases. This generally
ensures a fair and uniform application of the law.
Third is Islamic law. This is another important source of Malaysian law, particularly in
matters relating to marriage, divorce and inheritance among Muslims. It is only applicable to
Muslims. Islamic law is administered at State levels by a separate system of courts called the

Syariah courts.Then, customs of the local inhabitants which have been accepted as
unwritten law. It mainly relates to family matters, e.g. marriage, divorce and inheritance.
Generally, the customs of Chinese and Indians relating to marriage and divorce are no longer
of much importance since the passing of the Law Reform (Marriage and Divorce) Act 1976,
which abolished polygamous marriages among them. However the customary laws of the
Malays (also called adat law) and in East Malaysia, native customary law, continue to be
important sources of law.