Beruflich Dokumente
Kultur Dokumente
LAW
Introduction
The source of Malaysian law can be classified into :1.
2.
3.
Written law,
Unwritten law, and
Islamic law.
or in legislations.
Unwritten laws are laws which are not contained in any statutes
Federal constitution,
State constitutions,
Legislations / Statutes, and
Subsidiary legislations.
land.
The Constitution was drafted by the Reid Commission in 1956
parliament and state legislatives. State list, federal list and the
concurrent list are contained in the Ninth Schedule of Federal
Constitution.
If there are any contradictions between federal and state
laws, the federal law shall prevail and state law is void to the
scope of inconsistency. This was provided by Article 75 of
Federal Constitution.
Legislation / Statutes
a) Acts
Acts are laws enacted by the Parliament. There are 4 types of
Acts: the Principal Act, the Amendment Act, the Revised Act, and
the Consolidated Act.
b) Enactments
Enactments are laws enacted by State Legislative Assemblies.
However, the State Legislative Assembly laws in Sarawak are
known as ordinances.
b) Ordinances
Ordinances are laws enacted by the federal legislature between
1 April 1946 - 10 September 1959. Laws promulgated by the
Yang Di-Pertuan Agong during an emergency proclaimed under
Article 150 of the Federal Constitution are also known as
ordinances.
Subsidiary
the law for example, a Local Authority have the power that allows
them to make delegated legislation and to make law which suits
their area. Delegated legislation plays an important role in the
making of law. On top of that, delegated legislation has the same
legal standing as the Act of Parliament.
Moreover, delegated legislation can be used to make changes to
the law for example, a Local Authority have the power that allows
them to make delegated legislation and to make law which suits
their area.
Delegated legislation plays an important role in the making of
UNWRITTEN LAWS
Unwritten laws are laws that are not enacted and not found in
English Law
Section 3(1)(a) Civil Law Act 1956 states that courts in
But it is not stated that the Common Law and Law of Equity in
As for the English Land Law, none of the English Land Law
before him and the cases laying down the precedents and
can decide not to follow the mandatory precedent if he
thinks that the mandatory precedent is not related to the
case before him. From this, an original precedent is
formed.
Custom
Customs are another important source of unwritten law.
Islamic law
Islamic law, which is only applicable to Muslims, is enacted
laws other than applied to family matters and estate matters. The
YDPA is the head of Islam in his home state, Penang, Malacca,
Sabah, Sarawak and Federal Territories. The head of Islam of
other States is Sultan.