Sources Of Malaysian Law Essay
Introduction Law can generally be described as a set of rules, developed over a long period of time that regulates interactions that people have with each other, and which sets standards of conduct between individuals and between individuals and the government and which are enforceable through sanction. (Lee, 2017) To the layman, law is understood as being a general rule of conduct. However, the word ‘law’ has been given many different definitions by lawyers. Section 3 of the Interpretation Acts 1948 and 1967 states that ‘law’ has the meaning assigned by Article 160(2) of the Federal Constitution. The term ‘law’ is in turn defined by Article 160(2) of the Federal Constitution 1957 to include the written law, common law in so far as it is …show more content…
The term ‘Sources of Malaysian Laws’ means the legal sources, in other words, the legal rules that make up the law in Malaysia. The main sources of Malaysian law comprise of written law and unwritten law. Written law comprises statute law and subsidiary legislation; whilst unwritten law comprises case law or common law. Written law includes the Federal and State Constitutions – the Federal Constitution is the supreme law of the land. There are also Constitutions of the thirteen States comprising the Federation, which form part of the written law in Malaysia. Furthermore, law enacted by means of Parliament and the State Assemblies, and subsidiary rules made by means of persons or bodies below powers conferred on them by way of Acts of Parliament or nation Assemblies.
Unwritten regulation is that portion of Malaysian law which isn't written and is discovered in cases determined by the courts and local customs. Unwritten law comprises of the standards of English law applicable to nearby circumstances, judicial selections of the superior courts and customs.
Another important source of Malaysian law is Islamic law. Islamic law applies to all persons who are Muslims and is of particular importance in matters relating to family disputes and to issues pertaining to estate matters. Written
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