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It provides for the classification of laws into various categories (civil law and criminal law, public law and private law, procedural law and substantive law, the law of tort and law of contract) and the differences and similarities between these categories.
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to the 1960s. The supreme law of the land—the Constitution of Malaysia —sets out the legal framework and rights of Malaysian citizens.
Where any act or omission constitutes an offence under two or more written laws, or under a written law and at common law, the offender shall be liable to be prosecuted and punished under either or any of those laws or at common law, but shall not be liable to be punished twice for the same offence.
Chapter 1: Introduction to the Malaysian Legal System. Lesson Objectives. By the end of the lesson, students will be able to: Define the meaning of law. Describe the purpose and function of law. Identify the different sources of Malaysian law. Describe the court system ( hierarchy ) in Malaysia. What is Law? 3. What is Law?
Sep 21, 2021 · In Article 160 of the Federal Constitution states the definition of law which includes ‘the common law in so far as it is in operation in the Federation or any part thereof’ that concerns the extent to which the English law is applicable in Malaysia.
Just like any other common law jurisdiction, as Malaysian law relies heavily on judicial decisions or case law, a good system of law reporting is essential. Law reporting in Malaysia began in the latter part of the nineteenth century.
The Bar Council is disturbed to read reports published in today’s papers containing remarks made by the Chief Justice questioning the need to use English common law after 50 years of independence and seeking its abolition.
The application of English law or common law is specified in the Civil Law Act 1956 as stated in Sections 3 and 5 of the said Act which allows for the application of English common law, equity rules, and statutes in Malaysian civil cases where no specific laws have been made.
We decided to take the existing laws that were currently in use in the common law courts as the basis to work on, remove or substitute the objectionable parts, add whatever needed to be added, make them Shari’ah –compliance and have them enacted as laws.
Aug 30, 2017 · The outward-looking, cosmopolitan character of the common law of Hong Kong, Malaysia, and Singapore is certainly due in part to relatively fewer local cases, but it is also due to a different perspective that sees the common law as a method of enquiry.
