English Law In Malaysian Legal System

Legal profession practice and etiquette rules 1978 9.

English law in malaysian legal system. They used that as an argument for introducing english law to penang. The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia. Role of history and geography on current legal system malaysia became independent in 1957 part of the country malaya having previously been a british protectorate. Malaysian legal system sources of law english law 1.

Language used in the courts 13. 1 0 introduction of english law after british arrived at tanah melayu in 1786 and the british period began at penang followed by melaka and singapore. Legal aid programme 12. The law of malaysia is mainly based on the common law legal system.

The law prevalent in malaysia. British initially argued that penang island was a virgin territory with no appropriate legal systems in place. Malaysia s legal system comprises laws which have arise from three significant periods in malaysian history dating from the malacca sultanate to the spread of islam to southeast asia and following the absorption into the indigenous culture of british colonial rule which introduced a constitutional government and the common law. 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.

Legal practice in sabah and sarawak east malaysia. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. 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.

The role of the malaysian bar 10. Federal laws enacted by parliament of malaysia that apply throughout. Article 160 fc law includes written law the common law in so far as it is in operation in the federation or any part thereof and any custom or usage having the force of law in the federation or any part thereof. The answer is because the common law the doctrine of binding precedent or stare decisis is central to the english legal system and to the legal systems that derived from it such as those of australia canada and new zealand.

This chapter will focus on the malaysian legal system in particular the sources of law and the structure and the hierarchy of the courts.