Unwritten Law In Malaysia
Islamic law which is only applicable to muslims isenacted under the federal constitution.
Unwritten law in malaysia. English law is one of the unwritten law in malaysia. Written laws are the most crucial source of law in malaysia. English law forms part of the laws of malaysia. The law can only be used when there is a lacuna in the legal system which also means when there is an absence of the local statute needed in a particular case not like the constitutions that must be followed in written law.
Written law is the most important source of law. Written sources written means formally enacted into legislation or subsidiary legislation. However not all of england s common law and rules of equity form part of malaysian law. Written does not mean in print or in black and white.
Unwritten law is mainly comprised of. Written law is the most important source of law. However not all of england s common law and rules of equity form part of malaysian law. The federal constitution is the supreme law of the land.
It can merely be used on certain local circumstances when necessary but it is not encouraged because of the. Unwritten law is mainly comprised of. The malaysian legal system law can be classified into two categories which is the written and unwritten law. I written sources and ii unwritten sources.
The sources of malaysian law means the legal rules that make the laws in malaysia which can be classified into written and unwritten law. Unwritten law in malaysia comprises of the english law inherited from our british rulers judicial precedent and customs. It refers to the laws which are not enacted by the legislature and which are not found in the 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.
Explain the written and unwritten law. English law english law forms part of the laws of malaysia. Ii the state constitution that comprises the 13 states of malaysia and each possesses their own constitution. The malaysian legal system is based on english common law.
On the other hand written law is basically when the law is consolidated into a singular document like how most of our laws can be found in their respective documents. The effect of the above provisions is that there are multiple sources of law in malaysia. English law can be found in the english common law and rules of equity. Written law consists of.
The unwritten law does not mean that the law is literally unwritten. It refers to the laws contained in the federal and state constitutions and in a code or a statute. Federal and state constitutions. English law can be found in the english common law and rules of equity.
I the federal constitution is the supreme law in the country. The laws in malaysia can be broken into two which are written and unwritten laws. It refers to the portion of malaysia law which includes the following. All of the thirteen states have their own constitutions known as the state constitution.