English Law In Malaysia Slideshare

Second was the spread of islam in the indigenous.

English law in malaysia slideshare. The english law can be divided into two which are the english commercial law and english land law. Common law means the. Of these three major periods were largely responsible for shaping the current malaysia system. Malaysian legal system sources of law english law.

Federal laws enacted by parliament of malaysia that apply throughout. When parliament passes a law it becomes an act which is also known as statute law. Section 3 interpretationacts 948 and 1967. English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof.

Statutes a statute is a formal and written law of our country. The law of malaysia is mainly based on the common law legal system. In section 5 1 of the civil law act 1956 provides that the english commercial law is applicable in peninsular malaysia except penang and malacca as it stood on 7 april 1956 in the absence of local legislation. The reception of english law in malaysia introduction malaysian legal history has been determined by events spanning a period of some six hundred years.

Article 160 fc 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 of law in the federation or any part thereof. 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. The law society believes that solicitors judges and law firms can be relied upon not least because english law offers stability and certainty and this won t change because of brexit. This article argues that the abolition of section 3 of the civil law act 1956 or the act as a whole which permits the reception of english law in malaysia is not necessary.

The decisions came from english common law courts and are essential. The malaysian legal system and its laws follow closely english common law principals and also apply judgements and decisions by the english courts in deciding a case. 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. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s.

The reality is that the future direction of the uk and its legal sector in respect of brexit remains unclear but there is nothing at this stage to indicate that the sector as a whole will suffer significantly. Customary and native law. Common law is a major part of many states especially commonwealth countries. English law in malaysia essay sample.

The first was the founding of the malacca sultanate at the beginning of the 15th century.