1.

Body of
rules

2.Imposed
on a person
by the state

3.Enforced by
state/person
4.Adjudicated
by judiciary
5.Subject to
sanctions

Classification of Laws
1. Domestic law
2. International law

Classification of Laws
Law
Domestic
Public Law

International Law

PublicIL

Constitutional Criminal Law

Law &
Admin.Law

Domestic Private
Law

PrivateIL

Contract

Tort

Private law=Civil law

Trust

Public law
Regulates rights
between person
and state

state
Constitutional law
Administrative law
Criminal law

Private law
State/government
Individual
As rights &
duties

Individual Bs
rights & duties

State merely provides

civilized method to Private law=Civil law
resolve dispute
And contrasted with
criminal law

Criminal Law
Concerns

Offences

Civil Law

against

the Disputes

state
Purposes
the action

between

private

individuals

of To preserve order in To remedy the wrong which

the

community

by has been suffered

punishing
The parties

A prosecutor prosecute A plaintiff sues a defendant

an offender

Where is the The criminal courts

The civil courts

hearing
Decision

An

accused

may

be A

defendant

may

be

found

convicted if he is guilty liable or not liable

and

acquitted

if

he

innocent
Sanctions

Imprisonment, fine or Damages,

both

Examples

injunction,

specific

performance, rescission

Murder, theft, driving Contract, tort, property law

with excess alcohol

A Single Act Can Amount to a

Criminal Offence and a Civil Wrong

Criminal
offence

Civil wrong-tort of
negligence

Sources of law
Written Law
Unwritten
Customary
Islamic

Sources of Law
Malaysian Law
Written Law

FederalC

StateC

Legislation
Subsidiary Legislation

Unwritten Law

English
Common Law

Judicial
Precedent

Equity

Muslim Law

Custom

Sources of Law

Written Law

1.The Federal Constitution

This is the supreme law of the land.

Any law passed must be consistent with the Federal

Constitution.

It means, the law that was enacted must be consistent with the
provisions in the Federal Constitution. (article 4 of FC)

The Constitution lays down

the structure of Federal and State Government

Legislative powers of Parliament and State Legislative
Assemblies-Schedule 9 (List 1, List 2 and List 3)
the fundamental rights of individual (Articles 5 until 13)
and many more

2.The State Constitutions

There are thirteen States in Malaysia. Each state has

its own Constitution.
This provisions in a State Constitution is regulated by
Schedule 8 of the Federal Constitution.
Generally the State Constitution touches on:

the State Ruler,

the State Government,
the State Legislative Assembly etc.

3. Legislation

Legislation is the law which is enacted

by the Federal Parliament,

State Legislative Assembly.

It is a very important source of law.

Act

Enactment

Ordinance

Law enacted by
Federal Parliament

Law enacted by
State Legislative Assemblies

Law enacted
Sarawak State Legislative
Assembly

4. Subsidiary Legislation

It is enacted by persons or bodies to whom the

power is delegated.
Such persons or bodies may include

the Yang di-Pertuan Agong,

ministers,
and local government authorities.

4. Subsidiary Legislation

The Parliament enacts the main and basic law

leaving the detail and technical matters to be
handled by subsidiary legislation due to time
constrain and lack of technical knowledge.

E.g. various parking rules set out by municipal

councils, income tax rules made by the tax
department etc.

The subsidiary legislation cannot contravene

the main Act (Parent Act) or the Constitution.

Sources of Law

Unwritten Law

Unwritten Law

1.
2.

3.
4.

Unwritten law means the law which is not

made at the Parliament or State Legislative
Assembly. There are four types of unwritten
law. They are:
English common law and rules of equity.
Judicial decisions/precedents.
Customs and
Muslim law

I. English Common Law and Equity

Section 3(1) of the Civil Law Act, 1956 provides that
English Common Law and Equity (statute of general
application in Sabah and Sarawak only) will be
applicable subject to 2 restrictions:
a) there should not be no local law governing the particular
issue; and
b) that part of English law must be suitable to the local
customs and circumstances of the people of Malaysia.

I. English Common Law and Equity(and Statutes

of General Application for Sabah and Sarawak
only)

7 April 1956

1 December 1951

12 December 1949

II Judicial Decisions

The law can also be found in decisions of the courts of

Malaysia.
These decisions are made systematically and it is regulated
by doctrine called doctrine of binding judicial precedent.

Vertical application of the doctrine

Decision of superior courts such as Federal Court bind courts below

it in the hierarchy

Horizontal application of the doctrine

Superior court such as Court of Appeal bound by previous decision

II Application of Doctrine of Judicial Binding

Precedent-example

The Federal Court (Superior Court in

Malaysia) decided that a minor is not liable
under contract.
If a minor is sued in the High Court for not
fulfilling his obligation in a contract, the High
Court will follow previous decision of the
Federal Court.

III. Customs

It is the customs of the local inhabitants of Malaysia.

Mostly customs relating to marriage, divorce and
inheritance are given legal force. E.g. adat
temenggong and adat perpatih.
The problems relating to customs can be settled by
Penghulus Court or by Native Court in case of
Sabah and Sarawak.

IV. Islamic Law

Islamic law pertaining to personal law of muslims

and Islamic law pertaining to some criminal
offences against Islam is a State matter

This law is only applicable to Muslims and it is

administered in the Shariah Court.
The power to administer the Shariah Court is left to the
respective state.

The civil court has no jurisdiction over a matter

within jurisdiction of the Shariah Court.(A121A of
FC)

Judicial Legal System

The Malaysian Judicial System

The judicial system evolves around the court

structure.
The judiciary is given power to decide cases.
The judicial power is vested in the superior
and subordinate courts.

Federal Court

Federal Judicial System

Court of Appeal
High Court of Malaya

High Court Sabah and Sarawak

Sessions Court
CC

MC

SCC

Penghulus Court

Sessions Court
SCC

MC
CC: childs court
MC: magistrate court
SCC: small claims court

CC

Native Courts-subordinate court

exclusive to East Malaysia
Native Court of Appeal

Residents Native court

District Native Court
Native Officers Court
Headmans Court

Syariah Courts-a State Court

Religion is a state matter. Each state has its

own syariah court. Only muslims are subjected
to syariah laws.
Civil courts cant interfere in a matter that falls
within the determination of the syariah courts

Important Legislation Pertaining to

Jurisdiction of Courts
Courts of Judicature Act 1964

Subordinate Courts Act 1948

Federal Constitution

Each Court Has Its Jurisdiction!!! Penghulus Court

Penghulus Court:
Try Offences:
Enumerated in surat kuasa
Punish with fine not >25RM
Civil:
Amount in dispute not > 50RM

Each Court Has Its Jurisdiction!

Magistrates Court 1& 2s Original Jurisdiction

Magistrate Court 1
Try criminal offences offences:
Not > 10 years prison
Punishable with fine
Offences of robbery or house
breaking
Hear Civil cases:
Amount in dispute
<25,000RM
Recovery of immovable
property and rent

Magistrate Court 2

Try criminal offences:

Not > 12 months prison
Punishable with fine
Hear Civil cases:
Amount in dispute
<3,000RM

Punishment that can be imposed?

Magistrate 1

Not more than 5 years

imprisonment
Not more than
RM10,000 fine
Not more than 12
strokes of the whip
A combination of any of
the above

Punishment that can be imposed?

Magistrate 2

Not more than 6 months

imprisonment
Not more than RM1,000
fine
Any sentence
combining the above

Each Court Has Its Jurisdiction!!!:

Sessions Courts Original Jurisdiction

Criminal :
Try all offences other
than that punishable with
death

Civil:
Amount in dispute not
>250,000RM
Recovery of immovable
property and rent

It has no appellate powers but has supervisory power

over magistrate courts!!!

Each Court Has Its Jurisdiction!!!:

High Courts Original Jurisdiction
Original jurisdiction
Criminal:
Try all offences
including that
punishable with death

Civil:
No limit with respect to amount in
dispute, usually >RM250,000
Land matters
Specific performance of contract
Rescission of contract
Injunction
Cancellation/rectification of
instruments
Enforcement of trusts
Accounts
Declaratory decrees
Issue/revoke probate/LA
Guardianship/custody of infants
Validity/dissolution of marriage

Each Court Has Its Jurisdiction!!!:

High Court

Appellate jurisdiction:
Hears civil and criminal
appeals from magistrate
court and sessions court.
Provided if civil case
amount not < 10000RM
and in criminal cases
punishable with more than
a fine of 25RM

Supervisory and
Revisionary
jurisdiction:

Over subordinate courts

and tribunals

Each Court Has Its Jurisdiction!!!:

Court of Appeal

Appellate jurisdiction:

Hears civil and criminal appeals from high court.

Each Court Has Its Jurisdiction!!!:

Federal Court

Appellate jurisdiction:

Hears civil and criminal appeals from Court of Appeal.

Original jurisdiction:

Determine validity of federal or state legislation

Determine dispute between state and federal government
Determine constitutional issues referred by High Court
Determine constitutional issues referred by YDPA

Small Claims Procedure

Amount in dispute RM5,000

No need legal representation
Heard by 1st class magistrate

Childs Court

>10 and <18 year old offender

Try all offences except punishable with death

Industrial Court

The Special
Commissioners
For Income Tax

Labor Court
Courts Martial

Public Services
Tribunal

Consumer Claims
Tribunal
Housebuyers
Tribunal

Professional Disciplinary
Bodies