Malaysian Legal System

Introduction

• Explanation of the Malaysian legal system.
• Laws that empower and restrict actions.

Classification of Law

Private Law (Civil Law)

• Governs relationships between citizens.
• Examples: Contract law, tort law, trust law, family law, partnership law.
• Parties involved: Plaintiff vs. Defendant.

Public Law

• Concerns the relationship between citizens and the state.
• Examples: Criminal law, administrative law, constitutional law.
• In criminal law, the government prosecutes the accused.

International Law

• Private International Law: Deals with disputes between countries (e.g., Malaysia vs. Singapore).
• Public International Law: Involves global agreements and treaties (e.g., United Nations agreements on refugees).

Sources of Law

Written Law

• Federal Constitution: Supreme law of the land.
• State Constitutions: Govern individual states.
• Federal Laws: Made by Parliament.
• State Laws: Made by state assemblies.
• Subsidiary Legislation: Detailed laws made by authorized bodies.

Unwritten Law

• Judicial Decisions: Binding precedents set by higher courts.
• English Law Principles: Adopted in absence of local laws.
• Customary and Islamic Law: Covers marriage, divorce, inheritance.

Judicial System Hierarchy

Lower Courts

• Magistrate Courts: Handles minor civil and criminal matters.
• Session Courts: Deals with more serious cases, except those punishable by death.

Higher Courts

• High Court: Unlimited jurisdiction for civil and criminal cases.
• Court of Appeal: Hears appeals from lower courts.
• Federal Court: Highest court, handles constitutional issues.

Special Courts

• Children's Court: Handles juvenile matters.
• Native Court: Governs native customary laws (Sabah & Sarawak).
• Special Court: Deals with cases involving rulers.

Subsidiary Legislation

• Encompasses by-laws, rules, regulations.
• Made by bodies empowered under main legislation.

English Law

• Used in absence of local law (lacuna).
• Applies to civil matters and commercial issues.

Customary and Islamic Law

• Customary Law: Specific to ethnic customs and traditions.
• Islamic Law (Sharia Law): Governs Muslims in personal and family matters.

Conclusion

• The Malaysian legal system is a complex interplay of different laws and legal traditions.
• Emphasis on understanding the jurisdiction and application of various laws.