English Law In Malaysia

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UnWritten law

Unwritten law refers to laws that are not enacted by the legislature and are not found under the federal and state constitutions. They are comprised of the English law, Custom law and Judicial decisions.
These laws can also be categorised as case law, coming from cases decided by the courts.

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English law refers to the Common Law of England and the Rules of Equity. the Civil LawAct 1956 is the current authority for the application of English law in Malaysia

However, the reception of English laws are bound to certain limitations, the main one being that English law can only be applied when there isnt a local law already governing
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The english commercial law can only be applicable in the absence of a written law from the Malaysian parliament, and since the malaysian parliament has passed laws on almost all common commercial matters, the english commercial law is rarely employed these days.

As for Englih land law, it is rarely followed in Malaysia today. None of the English laws to do with tenure, movable property or assurance of succession applies in Malaysia because for land matters, Malaysia will almost always follow the National LAnd Code for laws concerning land matters.

The CLA 1956 is the current statuory authority for the application of English law in Malaysia.

The application of English law in civil and criminal cases is specified in statutes. In terms of civil law, sections 3 & 5 of Civil Law Act allows the application of English law and equity rules in Malaysian civil
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The Laws are Allah 's commands and cover almost every aspect of life. The main sources are The Holy Qur 'an which are Allah 's words, and the Sunnah which are the sayings and actions of prophet Muhammad
SAW.

Secondary sources of Syariah law include Ijima and Qiyas. Ijima refers to the consensus or agreement of the Muslim scholars on disputes over Islamic matters. These disputes are usually on matters where there is no explicit explanation in the Qur 'an or Sunnah. And Qiyas is another term for analogical reason.

Prior to British intervention, Malay-Muslim law were used as the basic law across the land, but after British intervention Islamic law was reduced to only for managing social and personal matters. However, even then Islamic law was still recognised by the civil courts as being important to local circumstances.

Today, Syariah laws are administered by the The Syariah court system, which is a separate system of courts in the Malaysian legal system. Syariah laws only apply to Muslims and only has jurisdiction in family and religious matters. Common examples being marriage, divorce and inheritance matters amongst Muslims. The bodies in charge of applying syariah law in Malaysia today are Majlis Agama Islam, Mufti and National
Fatwa

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