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english law

By arefick93 Oct 24, 2014 1549 Words

One of the sources of Malaysian law is English law. Explain how English law and the other sources of law form part of the law of Malaysia. The law of Malaysia mostly based to the common law legal system. It was a final result of the colonisation of Malaya, Sarawak, and North Borneo by Britain in between 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens as they will obey all the rule that had been state. Federal laws enacted by the Parliament of Malaysia to be applied throughout the country. Therefore,there also have state laws that been enact by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws that consist of criminal,civil and HYPERLINK "http://en.wikipedia.org/wiki/Sharia" \o "Sharia"sharia laws.All country will using the different types of legal system.Some of the country practices some of the mixture of two or more legal systems which well known as a of mixed legal system while some country only practices just one type of legal systems.For the Malaysian country,they practices the mixed legal system that consists of the Customary Law, Islamic Law and Common Law.The sources of Malaysian legal system law are from two different laws which are the Written law and Unwritten law. Malaysian legal history has been determined by events that happen in a period of some six hundred years ago.In the time period,three major periods were gave a huge impact for shaping the current Malaysia system.The first was the founding from the Malacca Sultanate in the beginning of the 15th century,next was on the spread of Islam in the indigenous culture,and last but not least,the most significant in modern Malaysia, was British colonial rule which brought with it constitutional government and the common law system.Before British came to Malaysia long time ago,the preexisting law comprises Malay adat (customary) law and the customary laws from the various communities. Malay adat law was the basic law of the mainland since the generation of the Malacca Sultanate in the mid- fifteenth century. It was the combination of Malay adat law with Hindu Buddhist element,consists with the principles of Syariah law; the latter received with the coming of Islam to the land.Britain had become a huge colonial power by the middle of the eighteenth century by the time.By the tiem,Malaysian been introduce by common law that consists of English Law. Malaysian legal system law is the Unwritten Law which a form of of English Law, judicial decision and customs.Unwritten laws are the laws that are not stated and not found in any constitution.It comprises of the English law (Common Law and Equity), judicial decisions and customs. Common Law is a major part of many States, especially Commonwealth countries.  A Part of the laws in Malaysia is formed by the English Law. It can be found in rules of equity and English Common Law. However, the application of the law is just for two limitations where it is applied only in the absence of local statutes on particular matters and only part of the English law that is suited to the local circumstances will be applied. It is majorly made up of non –statutory laws, which are the precedents derived from judgments given on real cases by judges. Law of Equity resolves any argument between a persons by referring the top principles of fairness, equality and justice.In these case,nothing can be done against the law by the parties to argue, but their rights are in conflict.Thus, it is some different from law,both the Statutory Law enacted by Parliament and State Legislatives and Common Law which consists of the first and opinions given on real cases by judges. In different situations where there is no law governing a particular circumstance, Malaysian case law may be applied. If there is no circumstance in Malaysian case law, English case law can be applied. There are example where Australian, Indian,and Singaporean case were used as persuasive authorities.Section 3(1)(a) Civil Law Act 1956 had state that the courts in Peninsular Malaysia should apply Common Law and the Law of Equity as administered in England on 7th April1956.Section 3(1)(b) and Section 3(1)(c) of Civil Law Act 1956 states that courts in Sabah and Sarawak should apply common law and law of equity with the statutes of major application as management in England on 1st December 1951 and 12th December 1949. Judicial decisions of the High Court, Court of Appeal and Federal Court was known as Judicial Precedent which is the basic decisions made by judges in similar situations. These courts will follow the “doctrine of binding judicial precedent” which means to stand by cases that already been decide. Judges always contribute to the expand of unwritten law in Malaysia.Some customs in Malaysian inhabitants such as Adat Perpatih, Adat Temenggung and custom related to the family law are given legal force by courts in this country.For Sabah and Sarawak, land dealing over the native customary lands and family matters will applied by their own native custom-matters.

In Malaysian state of Legal System,most of the important source of law is the Written Law which is have of The Federal Constitution, State Constitutions, Legislation and Subsidiary Legislation.  In another word, Written Law refers to the law stated in the Federal Constitutions which is the highest law of Malaysia and it based on the basic or fundamental rights of the individual. Federal laws are made by legislators which is a members of Parliament and senators sitting in the Parliament of Malaysia and applies nationwide. Federal laws are known acts. State laws are made by assembly men that combine in the State Legislative Assembly ( HYPERLINK "http://en.wikipedia.org/wiki/Dewan_Undangan_Negeri" \o "Dewan Undangan Negeri" Dewan Undangan Negeri) and only been applied in the particular state. State laws are usually referred as an enactments or ordinances.Article 75 of the Constitution states that the federal law will been used over any inconsistent of the state laws, including the sharia laws.Malaysia is a federation nation that consists of 13 states with a Federal Constitution and 13 State Constitution.The Federal Constitutions also state that the “Yang di-Pertuan Agong” who owes his position to the Constitution and act according to it.Therefore,if the total number of members of the legislature and there is two-thirds of majority of it, the Constitution can be disband. The Federal Constitution have many parts for prepositioning religion of the federation, welfare of the aborigines and other connected subjects. Other than the Federal Constitution,every state In Malaysia has their own constitution controlling the government in the state which known as the State Constitution. The allocation comprises the Ruler, the Executive Council, the legislature and other related subjects like the Legislative Assembly, financial provisions,state employees, and amendment of the Constitution.Delegated Legislation is a legislation made by an individual that had powers that been given on them by Act of Parliament.It is something important because the legislation made by Parliament and the state is not enough to cover the laws needed to govern everyday matters and argument. Lastly,source of law is the Muslim Law which is related only to the Muslims and is managed by a different court system that known as Syariah Courts. The fact,Malaysia is not an Islamic country.The Federal Constitution of Malaysia had set up that Islam is the religion of the Federation but other religions should be allowed to been practice in peacefully in any part of the Federation.99% Malays in Malaysia are Muslims. There are also Muslim from other races such as Indians, Chinese, Pakistanis and others on. When reference are made to Muslims, convert Muslims by virtue of the marriage and voluntary conversions are also been include.Islam had spread out in Asia since long time ago inbetween 13th century and it reached Malaysia by a century later.Before the coming of Islam in Malaysia, the local Malays in Malaysia followed customary law.Upon the Rulers and their subjects embracing Islam,they attempt to adopt Islamic Law and to modify the Malay customs to fix in in life so as to make them conform to Islam. Before the advent of the Colonials powers the law that had been applied in the Malay States was the Islamic Law.Islamic law is also a major source of Malaysian law which is enacted under the Federal Constitution. It is only applicable to all the Muslims and is administered by a separate court system that known as the Syariah Courts. The State legislature has power over the constitution, organization and procedure of the Syariah Courts and is also can make Islamic laws connect to persons professing the religion of Islam.Syariah court which use the Islamic law relating to marriage, divorce and family matters. Its all based from the Quran and Hadith, Fatwa and Ijma Ulama. The Federal Constitution give a power that the States have the power to administer Muslim Law.  Explain the sources of Malaysian legal system | Law Teacherhttp://www.lawteacher.net/constitutional-law/essays/explain-the-sources-of-malaysian-legal-system-constitutional-law-essay.php#ixzz2xMETkyAV@lawteachernet on Twitter

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