Malaysian Legal System Overview

Summary

The Malaysian legal system is a dual system incorporating both Islamic and civil laws. Islamic law, governed by Syariah courts, primarily applies to Muslims in personal matters like marriage and inheritance. Civil law, influenced by English common law, covers areas such as contracts and criminal law. English law remains influential, especially in commercial matters and when local laws are silent. Understanding the historical context and significant cases can provide deeper insights into the application of these laws in Malaysia.

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Here is the question :Read the following passage: “The Malaysian legal system has undergone tremendous development since Malaysia regains her independence in *. From a legal system based purely on Islamic law and custom, Malaysia has turned into a unique country that adopts a dual legal system based on Islam and ordinary or civil laws. Additionally, English law is still recognised as a basis for law-making should there be a lacuna in the local law. Nonetheless, the influential role of Islam as a source of law remains intact.” (Yaakob, H. *. An Overview of the Malaysian Legal System: Past, Present and the Future, ASEAN Law Review (* Malaysia Volume). Discuss with reference to relevant authorities, the extent to which English law and Islamic law are recognised and applied as sources of law in Malaysia. [* marks]
Case Rating: *.
To get you started on your essay, here are some key points:
- Islamic Law: Governed by Syariah courts, it applies primarily to Muslims in matters of personal law such as marriage, inheritance, and divorce.
- Civil Law: Based on the English common law system and statutes, it handles other areas like contracts, torts, and criminal law.
- English Law: Still influential, especially in commercial law and where local laws are silent or unclear.
Consider exploring the historical context, significant cases, and statutory developments. Good luck with your essay!