Comparative Law and Business

Question 1
My Selected Jurisdiction is Malaysia
Malaysia was initially called the federation of Malaya (Persekutuan Tanah Melayu) and adopted its present name ‘Malaysia’ when the states of Sabah, Sarawak and Singapore (now independent) joined the federation in 1963. The judiciary of Malaysia is mainly influenced by the British Common Law and to a lesser extend Islamic Law. The law of Malaysia is mainly based on the common law legal system and this was direct a result of the colonisation of Malaya, Sarawak and North Borneo by Britain. The Constitution establishes the Federation as a constitutional monarchy having the Yang di-Pertuan Agong as the Head of State whose role is largely ceremonial. It provides for the establishment and the organization of three main branches of the government which are the bicameral legislative branch called the Parliament, which consist of the House of Representatives and the Senate, the executive branch led by the Prime Minister and his Cabinet Ministers and lastly the judicial branch headed by the Federal Court.
The Federal laws enacted by the Parliament of Malaysia applies throughout the country. There are also state laws enacted by the state Legislative Assemblies which applies in a particular state. The Federal Government has the exclusive power to make laws over matters falling under the Federal Law such as citizenship, defence, internal security, civil and criminal law, finance, trade, commerce and industry, education, labour and tourism. The States have exclusive legislative power over matters under the state list such as land, local government, Syariah Law and Syariah Courts, state holidays and state public works. The Federal and the State government shares the power to make laws over matters under the Concurrent List such as water supplies and housing but Article 75 provides that in the event of conflict, Federal law will prevail the State law.
Islamic law in Malaysia refers to Syariah Law and the court is known as... [continues]

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