Law of Malaysia

A Brief Overview of Malaysian Laws

Malaysian laws are primarily based on the country's constitution, which guarantees fundamental rights and freedoms to its citizens. The legal system in Malaysia is a combination of common law, Islamic law, and federal law.

Common law principles derived from British colonial rule heavily influence the legal framework, while Islamic law is applied in matters concerning family and personal status such as (divorce in Malaysia, and family law in Malaysia) for Muslims.

Additionally, Malaysia has a well-established judiciary system that ensures the rule of law and upholds justice for all individuals.

What is Malaysia's law framework?

With a few modifications made to adjust for the country's particular historical and cultural context, Malaysia's legal system follows the English common law system. Federal and state courts decide how to apply the laws, with the federal constitution serving as the ultimate law of the whole country.

The Federal Court is the highest court, with the Sessions Court, the High Court, and the Court of Appeal following it. In Malaysia, Muslim citizens are subject to Islamic law, often known as sharia, in some personal and family law scenarios.

What makes Malaysian Law Unique?

One aspect that makes Malaysian law unique is its dual legal system, which combines both common law and Islamic law. This allows for the coexistence of different legal principles and practices within the country.

Additionally, Malaysian law places a strong emphasis on the protection of cultural and religious diversity, ensuring that laws are in place to safeguard the rights and interests of various ethnic and religious communities.

The Malaysian Laws

In general, Malaysian laws encompass constitutional, criminal, civil, administrative, and Islamic law. Federal law governs fundamental rights, criminal law handles offenses, civil law addresses disputes, administrative law regulates government actions, and Islamic law applies to Muslims in family and inheritance matters.

Federal law

In Malaysia, the highest law is federal law. which is valid throughout the whole country. Members of parliament make federal legislation. Another name for it is the Act of Parliament. The year 1957 marked the start of this law.

This law reviews and authorizes taxation, expenses, and government programs. Anybody who disobeys this legislation will be held responsible in court.

The Federal Court is the highest in the independent judiciary, and it is followed by the High Court, the Sessions Court, and the Court of Appeals. The defense of personal rights and liberties, including the freedom of speech, religion, and assembly, is guaranteed by the Federal Constitution.

The Malaysian constitution, which was last changed on November 1, 2010, is divided into 15 sections with 230 articles, 13 schedules, and 57 revisions.

Common Law

In Malaysia, there are two types of laws. The written constitution includes the laws that have been passed, but the unwritten laws are discovered in the instances and are not specified anywhere. Common law refers to this particular court ruling.

Common law may be applicable in situations where the law is unable to regulate specific events or circumstances. If Malaysian case law is inapplicable in this situation, English case law may be used. Section 5 of the Criminal Procedure Code states that in situations where there is no clear legislation, the English common case may be used. The English common law is permitted to be applied even in civil law.

Islamic Law

Sharia law, another name for Islamic law, is a system of religious legislation founded on the precepts of Islamic tradition and scripture. It regulates several aspects of Muslim life, including as financial transactions, criminal law, family law, and personal behavior. The Qur'an, the Hadith (sayings and deeds of the Prophet Muhammad), and Islamic jurisprudence—the interpretation and application of Islamic law by jurists and scholars—are the sources of Sharia law.

Sharia law often finds its way into the common law or civil law systems in countries with an Islamic legal framework, though how each government interprets and applies the law might differ.

While certain countries strictly implement sharia law, others have modified it to accommodate the demands of contemporary culture. However, the application of sharia law continues to be an important and difficult topic in many nations with a majority of Muslims.