Malaysian Law Case Study

There are different types of legal rules in different countries. The Malaysian legal system is a set of the regulation for people to follow. Otherwise, they will face penalties and punishment. The sources of law in Malaysia refer to the legal rules that make up the law in Malaysia. Due to the historical development in Malaysia, the periods have introduced constitutional government and the common law in Malaysia. Lin (2015) stated, Malaysian sources have brought by the colonization of British in Malaya. According to Law Teacher (2013), Malaysian Law is derived from three sources which included written law, unwritten law and Islamic law.

Written Law is the most important source of law when compared to another source of law in Malaysia. Written

Also, the right written can amend when there are two-thirds of the total number of members of legislature. Dr. Sharifah Ahmad (2014) found, “Malaysia is a federation with a strong central government at its core and 13 state governments.” Each state has their own constitution which is known as state constitutions which regulating the government of the state. The provision of the state constitutional included State Executive members, finance, the state legislative assembly and roles of the sultan or Yang Di-Pertua Negeri. If the provision is inconsistent with them, Parliament can make provision to remove any inconsistencies. Legislature as a source of law has become important because it used as a means of repealing, amending, enacting the law. Laws that are enacted by Parliament after 1946 but before 1957 is known as Ordinances. After Malaysian Independence at 1957, the law that enacted by Parliament is known as Act. And, Laws that enacted by State Legislative

Islamic law is also known as Sharia Law. Islamic law is a matter that fall within the state list under the Federal Constitution. Islamic law applied only for Islam and administered not only in Syariah court, but also the Civil courts. Syariah court is an inferior court. It unlike the high court which are established by the Federal Constitution. Instead, Syariah court has been equated to the session court and magistrates’ court. Based on Mohamad (2011) the law published within the respective state gazettes such as Kelantan and Terengganu. The matters that covered by Islamic laws included morality, inheritance, marriage and divorce (Hays, 2008). There are laws in Malaysia’s more Islamic such as Muslim will be punished by six months in jail when they have miss the Friday prayers three weeks in a row. As reported by Herald Malaysia online (2017), exclusive jurisdiction has been given to the Syariah courts in the administration of Islamic laws by Article 121 (1A) of the Constitution of Malaysia.

In conclusion, the sources of the law in Malaysia included the three sources which are written law, unwritten law and Islamic law. The purpose of law is to set a moral rules and ethics to remind people to have a good society. Everyone should clear on all the behave in their own country to respect the laws and get rid of the