What Is Malaysian Legal System

Thus this creates two separate local jurisdiction of the courts for peninsular malaysia and for east malaysia.

What is malaysian legal system. Federal laws enacted by parliament of malaysia that apply throughout. The law of malaysia is mainly based on the common law legal system. It is a predominantly common law country with a separate islamic law system. A legal system is the framework of rules and institutions within a nation regulating individual s relations with one another and between them and the government.

The main types of religious law are sharia in islam halakha in judaism and canon law in some christian groups. Introduction to the malaysian legal system and sources of law by dr. Legal systems in asean. Nurul nasihin ariffin kpmbp 2.

The highest position in the judiciary of malaysia is the chief justice of the federal court of malaysia also known as the chief justice of malaysia followed by the president of the court of appeal the chief judge of malaya and the chief judge of sabah and sarawak. The law prevalent in malaysia. Malaysian legal system 1. There are various definitions of the term legal system.

The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. Learning outcome students should be able to. This chapter will focus on the malaysian legal system in particular the sources of law and the structure and the hierarchy of the courts. Sharia is the most widespread religious legal system see islamic law and is the sole system of law for countries including iran the maldives and saudi arabia.

However a detailed legal system generally requires human elaboration. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. 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. Be familiar with the term law sources of malaysian law the malaysian government system and malaysian judicial system.

The legal system of malaysia was modeled after the english legal system which practices parliamentary democracy and is ruled by a constitutional monarchy with his majesty the yang di pertuan agong the king ceremonially as the head of the country. The malaysian legal system is a complex product of its history particularly as a british colony. Malaysia open access from the asean law association. Legal system of malaysia.

Sharifah suhanah syed ahmad dr sharifah suhanah syed ahmad retired as an associate professor of the faculty of law university of malaya kuala lumpur malaysia in october 2013. High court the high court has general revisionary and supervisory jurisdiction over all subordinate courts and hears appeals related to criminal and civil cases from subordinate courts.