Example Of Unwritten Law In Malaysia

In west malaysia the courts shall apply the common law of england and the rules of equity as administered in england on the 07 04 1956 cut off date.

Example of unwritten law in malaysia. The federal constitution is the supreme law of the land. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. Explain the written and unwritten law. English law application of english law in malaysia section 3 and section 5 civil law act 1956 stated the application of english common law and equity in peninsular malaysia.

Federal laws enacted by parliament of malaysia that apply throughout. Section 3 1 a west malaysia apply common law and equity as administered in england on 7th april 1956 section 3 1 b and c apply the common law and equity together with statutes of general application as. However not all of england s common law and rules of equity form part of malaysian law. Islamic law which is only applicable to muslims isenacted under the federal constitution.

Unwritten law is mainly comprised of. For example almost unaffected most people by criminal law because they was not involved in behaviour that in fact criminal behaviour not become part of normal life. In written law itself there are four major components which comprise of the federal constitution state constitution legislations and statutes and subsidiary delegated legislations. English law english law forms part of the laws of malaysia.

The statelegislatures have the power and are permitted to make islamic laws pertaining to persons professing the islamreligion. Judicial precedent is one of the unwritten law in malaysia. The law of malaysia is mainly based on the common law legal system. The laws of malaysia can be divided into two types of laws which.

This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. The unwritten law does not mean that the law is literally unwritten. General application of english law in malaysia the extent of the application of english law is prescribed in section 3 section 5 and section 6 of the civil law act 1956. It refers to the laws which are not enacted by the legislature and which are not found in the federal and state constitutions.

English law can be found in the english common law and rules of equity. Federal and state constitutions. As a result the chinese and hindu customary laws have lost its effect as an important source of unwritten law in malaysia. The malaysian legal system law can be classified into two categories which is the written and unwritten law.

It refers to the portion of malaysia law which includes the following. The malaysia law system is divided into two types written law and unwritten law also known as common law.