Introduction to law:
Law can described as a set of
rules, developed over a long period of time that regulates interactions that
regulates interactions that people have with each other, and which sets
standards of conduct between individual and between individuals and the government
and which are enforceable through sanction. Thus, to the layman, law is defined
as being a general rule of conduct. In Oxford English Dictionary, law is
defined as ‘the body of enacted or customary rules recognized by a community as
binding’. In short, law may be defined as a body of rules which are enforced by
the state.
LEGAL SYSTEM IN
MALAYSIA.
Structure of the
government:
Structure of the government is to
facilitate the administration of the country, the government administrative
structure is divided into 3 major components is The Legislative (Badan
Perundangan), The Executive (Badan Pemerintah), and The Judicial (Badan Kehakiman).
Meaning of ‘source’.
The administration of the
Malaysian Government is based on a system of Parliamentary democracy with a
Constitutional Monarchy. All qualified citizens have equal rights in
determining who shall govern the country through a general election. The main
sources of Malaysian Law comprise written and unwritten.
Main sources of
Malaysian law are:
Written law
Written law is also referred to
as statute law. As studied earlier, this is law made by Parliament and any
subordinate bodies to whom Parliament has delegated power to legislate. When
hearing cases, the courts are not just performing an act of fact-finding; they
also interpret statutes, although they do not make them. In interpreting
statutes, the courts are guided by, interpretation
Acts, Extrinsic material, Common law rules of statutory interpretation, and
Precedent. As studied earlier, written
law in Malaysia may be found in, The
Federal Constitution, State Constitution, Legislation, and Subsidiary
Legislation.
Unwritten law
Unwritten law is mainly comprised of:
·
English law = English common law and rules of
equity will be , to some extent applicable in
Malaysia.
·
Judicial law = Unwritten law can also be found
in decisions of the courts, “doctrine of binding
precedence”.
·
Customs law = The customs law consists of
customs related to family law and Islamic law.
·
Islamic law = This law is only applicable to
Muslims and it’s administered in the Shariah Courts.
INTERNATIONAL LAW : International law define as that body of
law which is composed for its greater part of the principles and the
rules of conduct which states feel themselves bound
to observe.
HEIRARCHY OF MALAYSIAN COURTS:
