SOURCES OF MALAYSIAN LAW

SOURCES OF MALAYSIAN LAW

1. INTRODUCTION

Sources of Malaysian law are from written law and unwritten law. Islamic law also one the sources however, the application is limited in the Syariah Courts.

1.1 Written Law

Written law refers to the law embodied in the Federal and State Constitutions and in a code or a statute, including subsidiary or delegated legislation.  It can be found in writing and have undergone the process of law making by the legislative body

Legislative body in Malaysia can be divided into two: The Parliament for federal government and State Legislative Assembly for state government.

Parliament and State Legislature have to enact laws according to provisions in the Federal Constitution

•          List I of the ninth Schedule for Parliament

•          List II for State

•          List III - concurrent

1.2 Unwritten law

Unwritten law is laws which are not the result of formal law making process. The law is not going through a legislative body, ie: Parliament or State Legislative Assembly. Not necessarily ‘unwritten’ - law which existed and practiced under the sanction of other specific law.