[Music] okay student so today i'm going to discuss with you all the malaysian leader system the basic mission leading system so i'm going to introduce to you all as to actually the law that give power to us to do certain things and what law actually prohibit us from not doing certain things okay first of all student we are going to look at the classification of law okay so if you look at your slide the classification of law there are three type of calcification of law which is actually a private law public law and also international law okay the private law which is also known as the civil law this law actually is a law with regards to the relationship between one citizen and another citizen so meaning these are the type of law which comprise an action which is being taken by one individual against another individual so that's why an example that i put there is a law of contract a lot of thought a lot of trust family law a partnership these are all the trees of the law so that's why the person who actually filed the action is known as the plaintiff and the person who actually is defending nation is known as the defendant so let's say this is a family law with regards to a custody matter between ahmad and amina so let's say amina is the one who is filing for the custody of a child so the case will be amina whereby amina is a plaintiff and and ahmad is the defendant so that is the family matters so let's say if this is a land matters okay this is a land law there is a dispute between the land owner okay and another person who is actually claiming the land from him so let's say the other person is actually zakariya so zakaria is claiming a land which belongs to let's say sahit so the case will be the career with will be the defendant sometimes we can also find that there are cases between organizations let's say between cell com and zone so let's say zaliha did not pay his b her bills okay and uh subcomm is taking exchange against zalihar so the case will be silicon versus anyhow so sudan you will be asking me that selkom is clearly not an individual however under the law sircom is a legal entity so circum is under the law is being regarded as an individual which is being created by the law and then under the situation under the situation the case is being taken by cellcom just similar to an individual so what actually is a public law so a public law is a law which concerns between a citizen of the state and the state and the country so the state is the one who is responsible to take care of the welfare of a citizen so the most popular public law is a criminal law so under criminal law let's say this is a murder case who will take a who will actually charge the person who commits a crime it is a government but then you say the police is the one who will capture the criminal so the police actually acts as the agent of the government okay actually the police did not act on their own wheels they act because they are being paid they are actually the engine the employee of the government so the case would be like this the ppp is a public prosecutor panda or versus let's say schmidt hogan okay let's assume a hugger is the person who is being charged with certain offense which we have a criminal offense okay so pp actually the public prosecutor is acting on behalf of the government so this is criminal law however apart from criminal law we have administrative law we have constitutional law all these concerns concern the government so administrative law will ensure that the the administrative all of all this government department will run smoothly okay so uh whether or not this talk about the structure of the government the rights of the citizen in that country so all these cases will be taken by the state on behalf actually of the of the citizens of that country this is known as public law then the third classification is actually international law so international law we have private international law and also public international law so private international law a law which concerns which affect a conflict which which occurred between one country and another country an example is the case of batu putin okay so in the case of batu putin there is a conflict of law between malaysia and also singapore this spirit arises with regard to this for uh regards to the claim towards pulau but so this is known as private international law because it does not involve the whole world okay it involves certain countries only we will get certain dispute between that country so this is a private international law so what is actually a public international law a public international law so this look at the law which prevails on that country if the third country have signed certain treaties certain agreement under certain um exactly the good example is united nations okay so if we sign certain agreement with other country at united nations an example is with regards to refugees so since we did not agree and we did not sign anything any treaties we did not find so that's why actually we did not recognize refugees and and we cannot be forced to accept them because we did not agree with us did not find that treatise get that that agreement that deeds that document so this is known as public international law because this in this involves many countries in in in an organization which is accept globally okay okay so let us go on with the next next slide this is the sources of law first of law we are going to look at what are the law which we use in malaysia as our sources okay so actually we have two main sources which is the written law and also the unwritten law so the written law these are the law whereby we can identify who are the bodies the organization or the person which actually made the law which enact the law meaning these bodies this organization they have been given power to a net law okay we can we can we can actually identify who actually is a make of the law so this is known as the return written law whereas for unwritten law these are the types of law whereby we could couldn't could not identify who is actually the maker of the law okay so written law in malaysia we have five types of written law which is the federal constitution the thirteen constitution of the state the federal laws which is made by parliament the state laws which we made by the state assemblies the federal and state subsidiary legislation whereas unwritten law we have three types of unwritten law which is the judicial edition the principles of english law and also customary and islamic law so now student let us have a look at our federal constitution first so this by the constitution this is the supreme law of the land this is the main law in malaysia meaning if we look at article 4 of the federal constitution because this is the supreme law of the land okay so we did not we did not read it as section okay so if we refer to let's say the uh traffic act we will read the provision of that statute we are go this law this legislation we call them a statute because you cannot call them as books cannot call them as nova why because if this is a book we know who is actually the author of the book okay however a statute does not have an author a statute need to go certain process before it is being accepted as law okay so this statute a federal constitution is is a statute because this is the main law of the land this is the supreme law of the land okay so the prohibition inside the further constitution is known as article and under article form one of the prohibition of the constitution it says that if there is any other law which contradicts or contrary with the constitution that that law will become none and what okay okay so that's why other law need to be need to be uh not beyond the constitution so meaning if it's not allowed by the constitution then that law cannot be enforced it becomes nothing white so however there are certain law whereby do it contribute or contradict the provision of the constitution this law is still valid why because it is being allowed by the constitution itself so under article 162 of the constitution these refer to those law which is being enacted before we gain independence before 1957. it is a very old law so many if this law is still in existence and it's not being repealed the belongings occurred so why not porn and do actually it contradicts the provision of the of the state law contradict the constitution it will still be a valid law okay and then we have article 149 of the constitution whereby under article 149 these refer to the submissive law so if let's say that the law is going to be enacted together the subsea matters and to get the terrorism let's say and these actually go again the fundamental right which is being stated here under the constitution will it be really yes it will still be valid because it is a lot under section 149 okay so under under article 1450 this is with regard to the proclamation of emergency rights who can actually declare emergency yeah the ruler so for the whole militia israeli patrol ago and for the state it's actually the serpent uh the uh ruler of the state during that that time of proper proclamation of emergency if any law is being enacted and that law actually is against the constitution that law will still be a valid valid law okay now let's have a look at the state constitution so just now we discuss about the federal constitution and inside the federal constitution it's discussed about the structure of the uh government and also the rights of the citizens inside inside inside inside the country inside asia so the state constitution so we have 13 states right so every state have their own constitution and this constitution of the state it only govern that state launch okay so let's take an example a para para have its own constitution and this state constitution it discuss only a certain matters which actually peculiar to that to the state most of the time the succession to the throne who can become the factor who will become the chief minister the retribution okay so that's why you can see that certain state the provision is different let penang the chair minister cat of penang can be anonymity however in pera a demon tree versa must be a malay why because it is mistreated inside the state constitution and that's why you said you you can see that certain state like yoho okay will become the king however in nigris milan it will be decided by the the boa the lua the the the uh the under they decided because this is being affected there in their their state constitution okay student okay so i'm going to discuss uh federal law studies and uh the rest of the unrest of the written law okay so um please listen carefully so that you can't um actually differentiate what is the federal law what is the state law and where the subsidiary legislation it have to do with this two law and the federal okay so now let us look at federal law what is actually federal law for this federal law these are the law which is made enacted by the parliament by the house of representatives okay right yeah so after we gain independence how to differentiate it whether this is a federal law or whether this is state law so after independence this federal law is known as act whereas state law is known as enactment however in um sarawak in sarawak the state law in sarawak it is known as ordinance however if for for for the whole amnesia if we realize that the law is known as let's say traffic ordinance meaning these are those law which is being enacted before independence because after independence all this statue is known as act so and this statute which is known as a which is being enacted after we gain independence so all this is all institute it covers uh the whole of malaysia because it should be enacted by the um house of representatives whereas state law these are all those law which is being enacted by the legal legislative assembly the debacle and is known as enactment however i told you earlier what is known as ordinance so then you will be saying that well uh won't there be a conflict since the federal government can enact law and then this the state also kept in that law there are certain law which is within the jurisdiction of the federal government and there are a certain law which is within the jurisdiction of the state so uh certain law so we are going to we are going to look through whether this law belongs to the jurisdiction of the federal government or whether it belongs to the jurisdiction of the state government so it's being state settled under the uh constitution which are the types of law which can be enacted by the federal government and or which are the types of law which can be enacted by the state government so the sharia law actually falls under the state government okay the local authorities landmates these are the example of law which is within the jurisdiction of the state government to enact this kind of law and then we have subsidiary legislation subsidiary legislation these are the bylaw the uh law which is being enacted there must be a main law so example is actual uitm the itm act and then we have the clearly the regulations okay so all these is known as the subsidiary legislation so that why actually we have the main legislation which is the federal law and the state law and then we still have the subsidiary legislation we have the umna so the main law discussed about the mentor the main issue okay so parliament and the uh state legislative assembly they are not an expertise in certain field okay so uh let's say the education act so all these people which is at the house of representatives they are not an expert with regards to education so meaning they are going to enact law with regards to the mean so and then the details like the people who is actually expertise in that field do it okay so that's why we have subsidiary legislation so let's say for the state law we have under unaccredited islam so this is the state law which is being enacted by the state assembly however then we have the paratura nika and tri let's see okay and under this practitioner and he can enjoy it release that what actually the form which need to be filled in uh how how how much is the fee if you wanted to get married you need to place a third amount of fees how much actually is the fees that need to be paid all these all these details uh will be inside the subsidiary legislation okay okay so let us go on with the next topic so it seems that the next topic is actually as to what is really the subsidiary legislation so this subsidiary legislation can take off any form it can be a proclamation if there are it can be a memo it can be a notification it doesn't matter what is renamed as long as have a law enforcement then this is known as a subsidiary legislation and as i told you earlier why we have subsidiary legislation this is because the legislator the house of representatives the state assemblies they are not an expert and furthermore they don't have enough time to do the details so let the expert do the details okay so how is being controlled so that's why this absolute legislation also need to be publicized so the next topic this is regard to the um unwritten law so the first unwritten law that we have just completed with the written law so the first anita law is the judicial decision which is also known as the judicial binding precedent judicial president so this means that cases cases are actually the division by the judges so this decision by the judges of the higher court will be binding upon the lower cut okay so and in malaysia these are the deletion of the privy council the federal court the appeal court the high court so the decision of this court will be binding upon the lower lower court and this doctrine is also known as the doctrine of their disease and when actually can we use cases so when there is no written provision so when there is no written permission then we will refer to these cases so that's why when we study law we need to memorize cases we need to read cases why because we are being bounded by the decision in these cases these cases which have been decided by the higher higher court and this president is of two type first one is a declaratory president meaning once the judges come to the decision they just declare a gavel deletion based on the cases which is being put forward to them okay so many there is already a cases on that certain issue before this this is known as declaratory precedent whereas for original president um so meaning there is no precedent yet before this there is no cases which discuss about this matter this is the first time the judge comes across this kind of issue so under the situation when the judge wanted to give deletion of course it will be more difficult because they don't have precedent to be referred to so meaning the judicial will be based on what is actually just and based on equity equity is actually what is actually what is actually done just just under that situation and the judge will actually use their discretion okay so now let us have a look at the decision by the privy council what is actually a privy council so private council is the highest appreciate for us before 1983 so before 1983 if we go on repeal and so now we can go up to the federal federal court level so after federal court we can't appeal anymore but previously before 1983 and after uh we go to you go to the federal court you can still appeal at the privy council privy council is in england however in 1983 okay uh the law has been amended so we are not we we are not allowed to appeal there so meaning the highest a pick out now at the moment is only different however the decision by defeat fed by the privy council is still binding on this point only will be binding upon us pollination mission court so especially when the appeal is from malaysia itself so of course we're binding upon us all the appeal is from other communal country so communal country is those country which which is being ruled by the british so this is not at the commonwealth country and before they gain independence so this appeal from other commonwealth country and the law of that community country is imperimeter is actually similar to our law and of course under that situation there are that case will be binding on us so many of uh our statute is similar to the indian statute and because of that the law here in malaysia and the law there in india is quite similar so that's why you most of the time you will also be referring to cases from india okay however the division of the privy council itself does not bind the privy council so meaning if there is a similar issue let's say from singapore and then there is another case and this issue is the same from india after that so must must the judge follow the deletion from singapore no need because i told you just now the decision is not bind itself and the decision by the private council will not be binding upon itself and then the part of privy council the decision of the house of lord so what is the house of lord a house of lord is the highest appeal court in england so in malaysia if there is a lacuna in our in our law so after this we are going to discuss the english principle if there is a lacuna in our law so we can refer to the english law so meaning we can refer to the english cases so these english cases are those cases which comes from house of thought okay because our house of law is the highest appeal caught in in england okay the federal court federal is the highest appeal court indonesia before 1994 it's known as the supreme court so all the decision by the federal court will be binding on all the lower coordination meaning of the binding on decision code and on the magistrate court because this is only lower court and you'll be binding upon the high court because in the hierarchy the high court is lower than the federal card and the decision of the federal court is binding on the federal court itself so meaning if in 1983 there is one case whereby the issue is similar i view the case which appeared now in 2020 then the judge of the federal court cannot defer in its decision it have to follow the deletion in 1983 because it discussed with regards to this issue it can only differ in the in decision if let's say there is a conflict in decision so let's say in 1983 there is one case and then in 1990 there is another case okay and there is a conflict of musician in both of these cases and then under that situation the federal court can follow either one and or can't make a new decision of course based on uh new rulings okay and if let's say if the decision contradicts with the decision of the privy council let's say that 1983 there is a case from the privy council right and then in uh 1983 the case the propriety council deletion is like this and in 1990 there is another case in the federal court whereby the decision differ contradicts with a division of the privy council and under the situation the federal card now in 2020 can also make a difference decision and if the decision is poor in korean per income meaning the decision is wrong salah syrup why is it where why the decision is supporting korean because there are certain president or certain state duty at the case of cases we have not been brought to the attention of the of the judge then under that that situation the federal court also can and at the moment now today it's been being brought um before the judge another session judge can make a new ruling so what was the edition of the high court the division of the high court his money on the lower court is binding on the station card it's binding on the media however it is not buying the high court wine because we have the high court in yoba rule and high court in ipo we have one called every state have their own high court and let's say there is a decision in your hobarto and sunderland suddenly now there is one issue in perak so must follow the deduction in jehovah no why because this decision itself it can goes on appear and maybe once it goes on appeal and maybe the decision will be different okay however sometimes uh the judge followed the deletion of the other headquarters because of judicial committee not because they need to follow the deletion of that of that high court okay that's why not because the leader of the high court is binding or not the high court the division okay student so if you look at my side we have the decision before independence so i'm not going to discuss about that because that is not that important because uh most of the time you will not be referring to this because before independence this is very old cases and these cases and most of our law have been before independence and um most of the time the judges and the court will not be referring to all these cases so what about the decision outside our jurisdiction so of course if it's outside your listing so let's say this is from another country so of course it's not bounded to follow this decision and however it can be in persuasive um you have a persuasive effect so meaning if it's been brought forward by the by uh by the lawyers it maybe can persuade the court to give the uh similar decision however they are not bounded by that so what are the advantages and the disadvantages of this uh judicial binding by sentence so i think this also you can read it by yourself and the advantages are reserved yes the most important thing about the advantages is that when you look at cases this is the real situation if you just read you just read the statute by reading the statute the statute will be seems very dry very difficult to understand by looking at the at the uh division of the judges at the cases this is a real situation whereby all these data will be interpreted more clearly and what is actually the main disadvantages because you have to refer to a lot of cases and sometimes when when there are so many cases to be referred to there are certain cases whereby whereby uh the tendency is that the cases we left out this is the cases we left out that is the most disadvantages which is being suffered by us if this is what need to be done so uh since we are discussing about the judiciary binding president so now we are going to look at the hierarchy of god key system how this actually looks like so i will start with the a lower court first okay so the administration of justice this is a federal method that's the meaning this is under jurisdiction of the federal uh this is a federal law federal matters it's not it's not really the jurisdiction of the state we will go to the ministry court first so the magistrate called the jurisdiction of a magistrate court so for criminal jurisdiction so the the magistrate can hear cases whereby if the statute says that the penalty is ten years imprisonment fine to have stroke or um under that situation then the militia can hear these kind of cases okay so all on all cases or criminal offences they are stated which we wish we provide for this for for this type of crimes and whether we wanted to determine whether the medicine has the power to listen to here this case or not you have to look at what actually the penalty which is being imposed for that case if the penalty is up to 10 years imprisonment to a stroke okay then of course the ministry can actually hear these cases however when giving sentences the magistrate can give up to only five years imprisonment and find not more than ten thousand ringgit and not more than twelve through a combination of any combination meaning uh two years imprisonment let's say the sentence the given by the medicine is two years imprisonment our three uh three thousand will get fined and also too strong there is a combination can also and medicine also can you increase cases or is increased races in quest cases increased cases is usually an inquiry an inquiry to to find what is the cause of that in the case of you can still remember this is a case in 2009 2019 this is a fire brigade man uh he was killed you know when trying to i think put off fire in a certain temple in somewhere in pga so we need to know why why he dies is it because of the incident or because he's been killed what is the cause of his death so this will be determined by the medicine and this is called inquest okay administrators have the power to listen to inquests and to decide whether whether a person dies because he's being murdered or because of something else and what is the civil duties decision of a magistrate court so a majestic court can't hear cases whereby the amount in dispute is not more than 100 000 ringgit and if if this is regard to immovable property let's say with regards to iran if you combine the land for one year you combine the rent for one year it cannot exceed one hundred thousand ringgit okay so what about small claims got in the hierarchy we have small screen score whereby the uh power of the small claims card is lower compared to the magistrate court so these are cases whereby the claim is not more than 10 000 ringgate and the parties cannot be represented by a lawyer so meaning the parties need to find their own claim and need to find a need to defend themselves without being represented by a lawyer okay now this is the in the hierarchy this is the law with god of all the courts this is native court this is only for sabbath for for uh west malaysia penicillin asia previously we have records right now we don't have the pumulu court anymore it had already been abolished so in support of this native court the jurisdiction of the native court is to hear cases with regards to uh dispute with regards to uh dispute regard to their dispute regard to their custom and all the parties are actually native okay and it's under scrutiny uh by the door the district officer so uh the dc officer will supervise and also if there is an appeal the appeal will go to this d.o to the district officer so what the case has been throughout in this court in this native court so riches of native law reaches regard to custom and with regard to land the land does not have does not have fighter grand turner okay so then on the session the dispute can be here by the native court so uh the cases heard by native court is not more than 50 ringgit and then we have god for children god for children for children these are for court whereby uh it will only thrive children below 18 years old 18 years old and for criminal cases only one for civil cases uh it cannot be tried in this court because children which is below 18 years old they cannot enter into a contract okay so that's why uh there is no civil cases right uh trial for a juvenile for children so these uh court for children consists of a magistrate and a two-lay person a normal person who does not have uh law law knowledge as an advisor to this magistrate and of course one of these advisors must be a woman and these cases which have been throughout uh in the court for children it will be in camera in canberra meaning that outsiders speculators is not allowed to be to be there to listen to the cases so who will be there the person will be there is only the prosecutor and the child and also the lawyer for the child okay and um if there are appeals the peace will go to the high high court though this is criminal matters it is the same thing whereby if in what cases whereby the penalty is a death sentence now under the situation it cannot be heard under this court for children because this court for children is actually at par with the medicaid court okay so meaning it involves a that sentence that penalty the case need to be heard uh at the high court level okay the second squad is actually the highest lower court so meaning in the hierarchy follower is this is the highest court it will be preceded by the session called judge formerly is known as the as the session court president what is the criminal jurisdiction of this court it can heal all types of cases and can impose any centers except those cases whereby the penalty is a death sentence so meaning so casters will regard the traffic uh with this fire fire under firearms act dangerous drug acts uh and murder cases cannot be hurt here why because the penalty is a death sentence so these cases can only be heard by the high high court for civil jurisdictions as the recession caught charged can hear cases up to uh one million ringgit if the dispute is not more than one million ringgit it can be heard here at the uh session court so what are those cases those civil cases whereby the uh session court is not allowed to hear so example is like probate administration of estate success matters this is for non-muslim bankruptcy matters and enforcement of trust so these type of cases need to be heard by the high court and these session cards also plays a supervisory role they supervise all the other lower court okay now let us go on with the high court the high court we have the two chief judges because we have the high court of sabbath and so on and also the high court of pennsylvania so that that's why we have the key judges for die cut for sabbah and and also the high court of the peninsula of malaysia so okay so now we are going to go on with the uh next topic you are still in the high court okay so the height comprising of 50 judges and also the judicial commissioner more than 50 judges we have here indonesia what are the original jurisdiction of the high court and the high court have an unlimited civil and criminal powers so meaning all cases can be filed here for civil cases of course the claim must exceed 100 000 indeed that if this is the first time the case is being heard okay for all criminal matters all those cases whereby the penalty is a death sentence and so guesses which occurred at the high seas or or in the space can be heard here and also with regards to piracy because pirates does not have citizenship can also be heard here so what is the appellate jurisdiction of the high court so the high court can hear all appeal from the lower court and also the high court have these supervisory and revisionary jurisdiction what is this the high court supervised the lower court at the same time they can review the division by the lower lower court so this what the judges will do they have power to do this so now let us have a look at the appeal court appeal court is preceded by the court of appeal and they have eight judges here so if the high court only one judge will be listening to the case for appeal court it will be um either three five or seven judges but most of the time will be three judges okay here da la nombo gun chair huh why because that because if they wanted to uh come to a decision they would uh listen to the majority okay so what is the original of the apricot of course this is a because they hear uh appeal cases and all the criminal appeal goes here also from the high court and for steven meters of course it must be the amount must be more than 250 000 ringgit okay and then this is the highest court the highest court which is the federal court whereby we have the uh chief justice the president of the court of appeal the chief judge of sabah and all the six federal court judges will be here similar to the appeal court the the judge will be sitting in at this number whether uh three three percent five percent seven percent but most of the time only three percent will be sitting because we don't have enough judges what is the original jurisdiction of this card so they will determine whether the law which will be made by the legislature is really or not okay if that is a dispute with regard to certain law whether that law is ultra awareness or not virus meaning the law is being made is beyond the power okay so they will decide whether it's a valid or not or if there is dispute between state and another state or between the state and the federal government so that dispute will also be heard here and at the same time the federal court also have a referral jurisdiction whereby if there is a question of law from the high court will be referred here to be decided by the federal court or maybe certain question is be referred by the young ago especially with regards to the constitution and of course the uh federal court have the power to hear appeals from the epicons and also from the high court okay so now so then let us go on with special card this card is only for for the ruler okay so it's for the rule of common states of militia and also considering the king so meaning this is the court to hear cases concerning the young briton agung the sergeant of uh estate or the young term or the chief minister of the state and this has been checked by the chief justice of the federal court and apart from that there are will be four other members meaning five of them whereby the other four members the two is a two chief draft of the respective five cards the the chief dash of sabah and also the chief judge of peninsula malaysia and to others i'll be appointed by the conference of ruler appointed by the majlis radio raja okay so that person the director which is appointed by the conference of ruler of course they before this must hold her face as a judge okay this is actually what you are looking at your slide this is a hierarchy of course in the form of diagram so by looking at this diagram you can understood what is being discussed uh just now much more clearly so we can see that the law was called is a native code and we go up we have small claims called and then we just said called an insurance whereby i've told you this now it's at par with the magistrate card and the section card all this card is known as the lower cut or the infinite court and then we have the high court which is the lowest in the hierarchy of the higher court the card the federal card and then i put it right in red this is special card and this is not for a person like us this is for the ruler of of of the state so now let us go on with the um unwritten law the second unwritten law which is actually the principle of english law so if there is a lacuna in our law so meaning by look going through all the statutes there is a loophole in our law so meaning there is no provision with regard to certain matters then under the situation what we need to do what what the judges need to do so another situation the judges will be referring to the english law and what actually the law which gave them power to do this this actually is being enshrined in section 3 and section 5 of the civil law act 1956 and for all civil cases for criminal cases we are not allowed to do these and uh for land matters also they are not allowed to do this is this is only for all other civil cases and although also for commission matters so section three section three is for civil cases for all other civil cases example family law okay law a lot of trust okay so these are all other civil cases for commission matters so let's say insurance law a sale of goods okay all these are all other commercial methods it is being provided under section five of the civil law act 1956 so let's say there is a lacuna with regard to civil matters in accident cases let's say because in excellent cases it's actually not commissioned there is a lacuna and under that situation for west malaysia or earth in venezuela malaysia if there will be referring the judges will be referring to the law in england common law and equity meaning they will be referring to the cases there in england as 1956 7 april of 1956 so meaning they are not going to be referring to the cases the latest cases in england however they are going to be referring to these very old cases guesses before we get independence so that's why i said when there is a lacuna most probably there won't be a lacuna at all because i will also have uh have come to the stage whereby we have been um enacting many laws and all those laws which actually is not um suitable have been repealed however if let's say there is a lacuna then under that situation okay then what we what the judges will be doing for for penicillin asia they will be referring to these old cases in england for sabbah so not only they will be referring to cases for communal equity however they will also be referring to statute meaning they will be referring to the to the act there in england however as at first december 1951 so meaning this is much more older compared to pedestrian issue and for sarawak is similar as sabah similar in the form of not only the judges it's allowed to be referring to cases they are also allowed to refer to statute to the ex there in england however as at 12 december 1949 yeah however have to back in mind as as i told you just now only if there is a lacuna if there is no lacuna you are not allowed to refer to the english cases to the english law so let's say there is deletion the english division and and there is a contradiction between the common law and also the law of equity common law meaning the law which is based on statute that in england and that equity this is the law which is based on what is actually fair and just by looking at the circumstances of the case and the judge is using their decision in giving the decision so if there is a contradiction between these two judgment that under that situation we will be giving priority to the equity decision meaning we are going to use the equity decision equity case again i have to remind you student we are going to do this if there is if there is no lakuna we are not going to refer to the english principle of course we are going to give priority to our old law and land matters we are not going to we are not going to refer to the english law we are going to refer to our own national land quote okay for commission matters let's say involving insurance involving a sale of goods higher purchase and so on all these are considered as commercial materials so this is covered by section 5 substation 1 and substation 2 of the civil law act for west malaysia for peninsular asia except for malay camping you know that makka fine is a straight settlement before before we gain independence so for westminster of course we are going to be referring to the english law as date of the act meaning as 1956. similar as to civil matters 1956 many very very old case right so if there is a lacuna in our law with regards to the commission matters what what the judges will be doing they will be referring to these cases um those cases which has been decided before 1956 however in malacca opinion sabah and sarawak if that is now with regards to with regards to this commercial matter that under that situation they'll be referring the cases in england as at the date of the trial so let's say the case is being heard on the 1st of january 2020. so they will be referring to the case there in england as at january 2020 first denoted 2020 so meaning they will be referring to the latest case there in england so of course in this situation if let's say a similar issue occur in perak and also in malacca the decision might differ why because in malacca the divisions will be based on this in the latest english law in england compared to pera because in perak they will be referring to those cases in 1956 okay so now we are going to go to the last topic under the law which is customary law and also islamic law so for this customary law this is only applicable for marriage divorce and harry written here okay for for the millennials of course they will be using the other property property is for certain state in in indonesia like the uh negris milan and naning kim liquor whereby it is immaterial in characteristic however whereby other states they are going to use this for for these uh millions of other states for sabbath as you know earlier they have native court so native court will be the one who who will be administering with regards to the native law there for chinese india and other races okay since 1976 we have the law reform marriage and it was act so this act is applicable for all non-muslims i mean meaning if they wanted to to get married or they wanted to divorce they have to follow the prohibition of this act okay so just now i was telling you for for the middle east we have other properties so what is other property you can just glance through through my nose okay whereby this is a methanol meaning the mother side has been given more priority however for penalty the penalty is more towards arbitration and humanity okay so it wanted to rehabilitate the person who commit the offense and not to penalize him this is very different from alex the sentence says the penalty will we will follow according to law so for director mango if you murdered some somebody then of course you you the center is that sentence so for other property if you murder somebody then maybe maybe under the situation they're not going to be sentenced to that however under that situation of course maybe uh they will decide that okay you take care of the family of the disease because because why actually you have killed the uh brave winner of the family so now who are going to take care of the family so that is adept which is based more on humanity so yeah let's have a look at sharia law so sharia law is actually reading the jurisdiction of the state islam of course the religion of the federation and the sergeant is the shade of religion of office state and for those state which does not have saturn of course will be the head of that um of that state and under article one to one of the federal constitution one to one sub one e says several cell fever god does not have jurisdiction over islamic matter so meaning all islamic matters with regards to marriage custody and so on it needs to be heard by the sharia court and just now it said sharia native is a state judicial however don't do it is within the state judiciary this court okay cannot give sentences which actually contribute meaning the enactment the state cannot go against the provision of the constitution because the constitution gave power for this charity of court as since it's amended 1984 the jurisdiction is up to fine up to five thousand ringgit imprisonment up to six months and six six stroke a combination of any of that so that's why when content wanted to impose this law they need to go to the um parliament level one because they are requesting so that the constitution be amended so that this jurisdiction will be increased okay so that's why i said today all the law cannot be enforced in clinton because the constitution is not amended okay and this uh shariah court and we have this work so they are not binded by these the doctrine of judicial binding presidents okay so they are not binded by that because every state the jurisdiction is different according to their enactment and these chinese are caught they have a power to hear civil and criminal matter pertaining to islamic law so the civil matters pertaining to um maybe a claim for custody for heartless pancreatic um so let's say um xena okay and that uh consuming of of consuming of alcohol all these are criminal matters so that's why you can see that the sentences is different from one state and another state because why because this is a state matter okay so apart from a person who wanted to become a counselor a lawyer okay in this card they wanted to represent their client not only they have must have the academic qualification they also must have this practicing certificate which depends on each state okay before they can appear on this sharia court so what are the sources of allah of course the quran sunnah so quran or everybody knows quran quran actually do a muslim believe that this is a direct word of allah it's been transmitted through rasulullah okay and this is the main source the fundamental source however if the quran is not clear then only you are going to go through sunnah and hadees so we believe that the sunnah and hadith is the tradition uh done by practice or the prophet muhammad and it's been recorded in the volume of hadees okay and if something is not clear in the quran then we are going to look uh based on hadith and what is consensus in malaysia we have the majesty so they will make rulings so let's say certain method is not clear by looking at the quran looking at this