BUSINESS AND CYBER LAW

GCB 3113/GDB 3103

Malaysian legal system : An Introduction

Madam Nur Arfah Bt Abdul Sabian

Chapter 1: Introduction to law and legal system in Malaysia

 Learning Outcome

By the end of the lecture;

Understand the role of law and order in regulating the conduct of
people in all aspect of human activities and transaction everyday.

Can differentiate the classification of laws and the types of laws

The students can explain the basic principles of Malaysian Legal

System. (sources of laws, legislative power, court hierarchy)
 What is law?

Oxford English Dictionary

'the body of enacted or customary rules recognised by a

community as binding'

Sir John Salmond, Jurisprudence

'the body of principles recognised and applied by the State in

the administration of justice law consists of the rules
recognised and acted on by courts of justice.'
 What is law?
Law is generally the procedures and the rules
of conduct or act which one uses ones every
senses in order to harmonise the convenient of
oneself and or another

Article 160(2) of the Federal Constitution : -

Law includes written law, the common law in
so far as it is in operation in the Federation or
any part thereof, and any custom or usage having
the force in the Federation or any part thereof
What is the types of Malaysian legal System?

The major legal system existing in the world include;

Civil law
Common law
Sino-Soviet law
Islamic law
Hindu law
Talmudic law
 classification of laws of
law
Contract law
Tort Law
Criminal Law
Constitution Law
Property Law
Trust Law
Administrative Law
International Law Etc. Emphasised on the general
rule of conduct
Classification of laws
 The aims of law:-
To attain and maintain justice
To encourage the doing of what is right or just in a
particular set of circumstances
 Law in Malaysia
Peninsular Malaysia, Sabah and Sarawak -
one political unit, but is not governed exactly
the same set of laws

Two important links that unite - the Parliament

and the Federal Court
 Law in Malaysia

Supreme law that applies throughout

the country is known as the Constitution
of Malaysia.
Legislative power
 FEDERAL COURT

COURT OF APPEAL
SUPERIOR COURT
HIGH COURT OF MALAYA /
HIGH COURT OF SABAH AND
SARAWAK

SESSION COURT

SUBORDINATE COURT MAGISTRATES COURT