Quick Answer: What law system does Malaysia?

Although the Malaysian legal system is predominantly based on English common law, there are also other secondary legal systems concurrently affecting certain sections of the law, such as Islamic law and customary law.

The Malaysian legal system consists primarily of secular Codes drafted by legislative authorities. However, there are syariah laws for Muslims in 24 or so personal law matters enumerated in the Constitution. In addition, the customs of the Malays and the people of Sabah and Sarawak are part of our law.

The legal history of Malaysia begins with the acquisition of Penang in 1786 and with the introduction of the Charters of Justice in 1807, 1826 and 1855. The Federation of Malaya received her independence from the British in 1957.

What is our law system called?

There are generally considered to be five legal systems in the world today: civil law, common law, customary law, religious law, and mixed legal systems. Civil law systems have their origin in the Roman legal tradition.

What is the highest source of laws in Malaysia?

In Malaysian Legal System, the most important source of law is the Written Law which comprises of The Federal Constitution, State Constitutions, Legislation and Subsidiary Legislation. We have 13 states with a written constitution which is the Federal Constitution.

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Is English law still applicable in Malaysia?

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.

Does Malaysia use Sharia law?

Looking at the Malaysian legal system as a whole, sharia law plays a relatively small role in defining the laws on the country. It only applies to Muslims. With regards to civil law, the Syariah courts has jurisdiction in personal law matters, for example marriage, inheritance, and apostasy.

What are the two main branches of common law?

In modern legal systems there are two primary branches of law. These are criminal law and civil law.

Legal systems do fall into groups or patterns with some similar features within each group. Among the main groups that you might encounter are: 1) common law; 2) civil law; 3) religious law; and 4) customary law. Many countries employ more than one of these systems at the same time to create a hybrid system.

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