ALIZAH ALI

DEPT OF LAW
UITM BANDARAYA CAMPUS
1 hajah alizah haji ali
At the end of the class, student will able to
understand the topics as follows;

Classification of law public/international/private
law
Sources of Malaysian Law written/unwritten
Law process making
Court system in Malaysia

2 hajah alizah haji ali
Rules and regulations.
The body of enacted or customary rules recognized by a
community as binding-
Oxford English Dictionary.
The body of principles recognized and applied by the
state in the administration of justice-
John Salmond, Jurisprudence.

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CLASSIFICATION
OF LAW
PUBLIC LAW
Constitutional
law
Criminal law
INTERNATIONAL
LAW
Public
International law
private
International
law
PRIVATE LAW
Contract Trust Tort
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Public Law
The law which governs the relationship
between individuals and the State.


Public law
Constitution
al law
Criminal law
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Constitutional
Law
Lays down the
rights of
individuals in the
State
e.g rights of
citizen
Criminal Law
Codifies the
various offences
committed by
individuals against
the State
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International Law
Body of law and rules of conduct which
States are bound to observe.
Can be created in two main ways: (i)By
treaty;(ii)By custom

International
law
Public
International
Law
Private
International
Law
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Public
International Law
Law that
prevails between
States
Private
International
Law
It consists of
the rules that
guide a judge
when the laws of
more than one
country affect a
case (conflict of
laws).
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civil law
Law which affects the rights and
duties of individuals amongst
themselves
intended to give compensation to
person injured, to enable property to
be recovered from wrongdoers and to
enforce obligation

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Contract
Law
agreement
that have legal
effect
Tort
Based on an
obligation
imposed by law ie:
negligence,
defamation,
assault, trespass
Trust
An equitable obligation binding a
person (trustee) to deal with
property over which he has control
(trust property) for the benefit of
persons (beneficiaries)
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Meaning of the term sources:
= legal rules that make up the law in Malaysia.
Historical Sources
Religious beliefs, local customs and opinion of
jurists.
Places where the law can be found
Statutes, law reports, previous decisions of the
courts and text books.
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Sources of Malaysian law
Written law
Federal /
State
Constitut
ion
Act /
Enactmen
t /
Ordinance
Subsidiary
law
Unwritten law
English
law
Syariah
law
Al-Quran
Hadith
Sunnah
Qiyas
Judicial
decision
Customary law
West
Malaysia
Adat
temenggong
Adat
pepatih
Chinese&Hi
ndu
customary
Law
East
Malaysia
Adat
melayu
Adat
bumiputra
Chinese
Hindu
customary
Law

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WRITTEN LAW
Federal/State Constituition
Act/Enactment/Ordinance
Subsidiary Legislation
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The law that have been codified or
recognized by the Federal and State
Constitution.
embodied in a code or statute
including subsidiary or delegated
legislation.

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Supreme law of the land
comprising 13 states the Federation.
Laying down the powers of the Federal
and State Governments and also
enshrines the basic or fundamental rights
of the individual.
It was drafted by Reid Commission in
1956 with 5 representatives from India,
British, Pakistan and Australia.

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The Constitution come into force following the
independence on August 31, 1957.

AMMENDMEND
This Constitution can only be amended by a
two-thirds (2/3) majority of the total number of
members of the legislature.

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Each State possesses its own constitution
regulating the government of that State, known as
ENACTMENT.

contains provisions which are enumerated in the
Eight Schedule to the Federal Constitution
E.g; matter discusse state executive members,
finance, state legislative assembly, roles of the
Sultan, etc)

Article 75 of the Fed Cons-If any State law is
inconsistent with a federal law, the federal law shall
prevail and the State law shall, to the extent of the
inconsistency, be void.
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Federal
constitution
Parliament
Federal list
Concurrent
list
Act
State
legislation
State list
Concurrent
list
Ordinance
Before
independence
During
emergency
Sabah /
Sarawak
enactment

Enactment

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parliament
Legislation
Subsidiary
Legislation
Law enacted by a
body constituted for
this purpose.
Parliament at federal
level and by the
various State
Legislative
Assemblies at state
level
Defined by the
Interpretation Act
1967 as any
proclamation, rule,
regulation, order,
notification, by-law
or other instrument
made under any
Ordinance,
Enactment or other
lawful authority and
having legislative
effect.
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First reading - Dewan rakyat
Minister formally introduce
the bill by having its short title read


2
nd
reading dewan rakyat
Debate e bill & vote
Committee stage examine the bill,
consider the amendment followed by a report & circulate
to all members
3
rd
reading dewan negara
Same process with 2
nd
reading Amendment
-suggest amendment to dewan rakyat
Dewan rakyat may accept or reject the suggestion
No amendment
Art 66(3) FC; sent the bill to YDPA to get his assent
Art 66 (4); YDPA must absent within 30 days
Art 40 (1): YDPA act in accordance to the advice of cabinet
Art 66 (5): gazette the bill before officially enforced

LAW MAKING PROCESS
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UNWRITTEN LAW
English Law
Syariah Law
Judicial Decision
Customary Law

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convenient reference to that
portion of Malaysian law which is not
enacted by the legislature (Parliament
and the State Assemblies) and which is
not found in the Constitutions, both
Federal and State.



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1. ENGLISH LAW
Has been received in Msia and it is done either
expressly or by implication.
Section 3(1) of Civil Law Act 1956-Where the court
is required to apply
(a) in West Msia or any part thereof..the common law
of England and the rules of equity as administered in
England on the 7
th
of April 1956,
(b) in Sabah.the common law of England and the
rules of Equity, together with statutes of general
application, as administered or in force in England on
the 1
st
of December, 1951 and (c) in Sarawak...the
common law of England and the rules of equity,
together with statutes of general application, as
administered or in force in England on the 12
th
of
December, 1949.


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Section 5 (1) CLA 1956-
Application of English Law in commercial matters in the States
of West Malaysia other than Malacca and Penang.the law to
be administered shall be the same as would be administered
in England in the like case at the date of the coming into
force of this Act, if such question or issue had arisen or had
to be decided in England, unless in any case other provision
is or shall be made by any written law.

Section 5 (2) CLA 1956-
Application of English Law in commercial matters in the States
of Malacca, Penang, Sabah and Sarawak.the law to be
administered shall be the same as would be administered in
England, in the like case at the corresponding period, if such
question or issue had arisen or had to be decided in England,
unless in any case other provision is or shall be made by any
written law.

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As for English Land Law, none of the English
Land Law concerning the tenure,
conveyance, assurance of or succession to
any estate, right or interest therein applies
in Malaysia.
In Malaysia, National Land Code is the law
that governs the land matters and there is
no any allowance for English Land Law
unless the national land code applies it for
the judicial comity
Refer to case UMBC v. PEMUNGUT HASIL
TANAH KOTA TINGGI (1984)
25 hajah alizah haji ali
1. It is only applied in the absence of local
statutes covering the same matter (only to
fill in the lacuna in the local system)

2. Only that part of the English Law that is
suited to the local circumstances will be
applied.
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Common Law-Also known as judge-made
law. Refers to law laid down by judges sitting in the
superior courts as distinct from statute law enacted
by the legislature.
Equity-Was introduced to reduce the harshness
of common law. It was developed out of the need
to provide the plaintiff with relief where the strict
common law rules granted as an unsatisfactory
remedy or no remedy at all.

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Major source of Malaysian Law but only applicable
to Muslims and enacted under the Federal
Constitution.
It is administered by a separate Shariah Courts.
Article 3 of Fed Cons-Islam to be the religion of
Malaysia but other religions may be practiced in
peace and harmony. The state legislature have the
power and permitted to make Islamic Laws
pertaining to person professing the religion.
Such law are administered by separate court
system, Syariah Courts. State legislature also has
the jurisdiction over the constitution, organization
and procedures of syariah courts. Now Islamic laws
are increasingly applied in banking and land laws
other than applied to family and estate matters.

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Al-Quran
Al-Hadith
Ijma Ulama
Qiyas
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Case Law-Refers to past cases or case report eg:
Malayan Law Journal and Current Law Journal.

It refers to judicial decision of the court which is
refer by the latter court as a guide to decide future
case as similar facts and situation-Land mark to
other cases.

Case Law become as sources of law according to
doctrine of binding judicial precedent/Doctrine of
stare decisis. Precedents are the decisions made by
judges previously in similar circumstances.

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Refers to norms, behaviors, practices and beliefs
which is carried by one generation to another. It is
not specific and may be different to one another.

As a general rule, the customs of a local
inhabitants relating to marriage, divorce and
inheritance are given legal force by the courts and
some are dealt with by certain specific enactments.

Judicial recognition of customs is quite common in
a country populated by variety of people with
diverse culture and religious background.

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WEST MALAYSIA
Adat Temenggung
Adat Pepatih
Chinese & Hindu customary Law

EAST MALAYSIA
Adat Bumiputera
Chinese & Hindu customary Law


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ADMINISTRATION OF JUSTICE
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Federal court
Court of
appeal
High court
of Malaya
Sessions court
Magistrates
court
Penghulu court
High court
of Borneo
(Sabah & Sarawak)
Sessions court
Magistrates
court
Native court
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To hear civil and criminal determine appeals
from decisions of the Court of Appeal and
the High Court
To exercise its original jurisdiction. (e.g:
Hear dispute on any matter between any
State and Federal Government)
To determine constitutional questions
To give its opinion on any questions
referred to it by the YDPA concerning the
effect of any provision of the Constitution.

35 hajah alizah haji ali
To hear and determine any appeal against
any High Court decision on criminal matters
To hear and determine any civil appeals
generally for cases where the amount or
value of the subject matter of the claim is at
least RM250, 000.

36 hajah alizah haji ali
1. Original Jurisdiction
It has unlimited criminal and civil powers.
Any civil matters which cannot be determined in
the subordinate courts is heard before the High
Court.
2. Appellate Jurisdiction
Hears criminal and civil appeals from the
Magistrates and Session Court.
3. general, supervisory and reversionary jurisdiction
over all subordinate

37 hajah alizah haji ali
4. validity/dissolution of marriage (nonmuslim)
5. Bankruptcy / winding up companies
6. guardianship / custody of children
7. Grants of probates, wills, letter of
administration
8. injunction, SP, rescission of contract
9. Matters relating to land
10. Auction and foreclosure

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Criminal Jurisdiction
All offences other than offences punishable with
death penalty
Civil Jurisdiction
Try all actions and suits of a civil nature where the
amount of dispute or value of the subject matter
does not exceed RM250, 000.
Matters relating to road accident, landlords and
tenants dispute.

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FIRST CLASS MAGISTRATE
Criminal Jurisdiction
Criminal offences for which the maximum term of punishment
provided by the law does not exceed:
10 years imprisonment or
all offences punishable with fine only
Offences of robbery, lurking, house trespass or house breaking at
night
- Power to pass sentence: -
5 years imprisonment
a fine of RM10, 000
Whipping up to 12 strokes
The combination of any of the above
Civil Jurisdiction
Try all actions and suits of a civil nature where the amount of
dispute or value of the subject matter does not exceed RM25, 000.

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SECOND CLASS MAGISTRATE
Criminal Jurisdiction
- Criminal offences for which the maximum term of punishment
provided by the law does not exceed:
12 months imprisonment or
all offences punishable with fine only
- Power to pass sentence: -
6 months imprisonment
a fine not more than RM1, 000
any sentence combining either of the aforesaid sentences
Civil Jurisdiction
Try all actions and suits of a civil nature where the plaintiff seeks to
recover a debt or liquidated demand on money payable by the
defendant with or without interest not exceeding RM3, 000.


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The lowest court system which only
applicable in village/rural/remote area
Presided by ketua kampung (Malay head)
For ASEAN race who can speak and
understand Malay language
Jurisdiction
civil matter below RM50
Criminal simple offence minor in nature
punishe d with fine not exceeding RM25
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i- SABAH AND SARAWAK COURT (NATIVE
COURT)
-having jurisdiction relating to native/custom

ii- JUVENILE COURT
-involve minor except case relating to death
penalty High court
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SYARIAH COURT
-unlimited jurisdiction over Syariah matter
- Only bound on Muslim on that particular
state only
- Pass sentence not more than 3 years
imprisonment, fine RM 5000 or 6 strokes

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