LAW 037: INTRODUCTION TO LAW

II
CHAPTER 1: INTRODUCTION TO
LEGAL SYSTEM OF THE WORLD
BY:
NORSYAZRAH ZULKIFLI

INTRODUCTION TO LEGAL SYSTEMS

OF THE WORLD

1.1
1.2
1.3
1.4
1.5

Definition of legal system

Legal systems of the world
Common Law
Civil Law
Religious Law

1.1

Definition of legal system

A way in which laws are created, administered and

disputes are settled relating to the affairs of the

people and the government
(Rau & Kumar)
A legal system is a framework of rules and
*institutions within a nation and regulating the
individuals relation with others and between the
individuals and the government
(Wu Min Aun)
*Institutions refers to integral part of the legal system
that comprised of:
parliaments, courts, prisons, government departments
and people involved with the law, notably lawyers,
judges, magistrates, police and public servants.

1.2 Legal systems of the world

Most of the legal system in the world

comes from:
1. Common Law System
2. Civil Law System
3.Religious Law system

1.3 Common Law

Definition:
Rules of law derived from judicial decisions
rather than statute. (Anthony et.all)
Law that created by the decisions of the judges
and custom of the people. (Glanville Williams)
Uniform civil code common for all in England
irrespective of region, background and practices.
(Rau & Kumar)
*It involves a set of rules is constantly being
evaluated and decided by a judicial branch. It
will allow the check and balances between the
legislative power and the judiciary

Law of Equity
Definition: natural justice ( law that is not a

part of Common Law)

E.g injunction, specific performance,
rescission

1.4 Civil Law

Judge refers to the general principles of law,

inspired from Roman law.

Describes the system where a clear set of laws
has been written and must be followed.
There is usually a legislative group that makes
the laws and decides if any need to be changed
or amended.
Because all of the laws in Civil law are based on
the philosophy of the leadership, it can and has
been the basis of authoritarian governments
such as China and the Soviet Union.

1.5 Religious Law

Based on sacred texts
Interpreted by religious or legal scholars
Examples include Islamic (Shariah), Jewish (Hallakah),

Hindu, and Buddhist laws

Very few countries have a purely religious legal system;
religious law is most often found within mixed
jurisdictions
Application can vary, but most often applies in regulating
the religions own institutions, or in areas of family and
succession law
Submission to religious law may be compulsory or by
choice, depending upon the religion, country, and
situation
Can affect the development of common law or civil law in
a country where it is applied

1.5.1 Islamic Law

To promote welfare, protect interest of citizens
State has to maintain and enforce the law.
Sources of law
Al-Quran primary sources, direct revelation from

Allah.
Sunnah conduct, words form Prophet Muhammad
S.A.W.
Ijmak consensus decision made by
Intellectuals/ulama.
Qias reasoning by analogy.
Countries practice Syariah; Pakistan (mix with

common law), Saudi Arabia, Iran.

Code of Syariah Ottoman Empires Mejella.

1.5.2 Jewish Law

Also can be known as halakhah: the way of life in

terms of how to dress, how to behave, how to

conduct business etc.
It made up by Torah (first five books of Bible), rabbis
and custom whereas it will be equally binding
among the people
The penalties for violating laws and customs
instituted by the rabbis are less severe than the
penalties for violating Torah law, and laws instituted
by the rabbis can be changed by the rabbis in rare,
appropriate circumstances.
Example of mitzvot (wording of the Torah):
i. You can not murder
ii. You can not do incest
iii.To recite grace after meals

1.5.3 Canon Law

It is a name for the Catholic Church's order and

discipline, structures, rules, and procedures. The

Catholic Church has two Codes: one for the Latin
Church and one for the Eastern Catholic Churches.
*Code refers to a single collection of all the laws of a
community in one place, promulgated by a legislator.
A code is intended to be consistent, systematic, and
logical.
The universal legislator of the Catholic Church is the
Pope
The official language of canon law is Latin. Canon
The law informs the community on how to conduct
themselves and protects the rights of the faithful.
The Christian people were familiar with torah (using
Old Testament) while for the young, they are using
the New Testament. In fact, they produced handbooks
to provide the guidance aspects of the Christian life.

TUTORIAL QUESTION
Explain what is Malaysian Legal System

with reference to the Federal Constitution

and relevant statutes (if any).