SOURCES OF MALAYSIAN LAW

SOURCES OF MALAYSIAN LAW

1. INTRODUCTION

Sources of Malaysian law are from written law and unwritten law.

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.

The Federal Constitution is the supreme law of the land by virtue of Article 4(1) of the said Constitution. On that count, Article 4 goes on to state that any laws passed after Merdeka Day which are inconsistent with the Constitution shall to the extent of inconsistency is void.

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FEDERAL CONSTITUTION AS A SOURCE OF LAW

Law make by legislation body (Parliament or State Legislative Assembly) is called Legislation. However, Legislation also gives their power to certain bodies to make law and the law make by them is called subsidiary legislation.

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LEGISLATION AND SUBSIDIARY LEGISLATION

Statutory interpretation concerns the role of judges when trying to apply an Act of Parliament to an actual case. The wording of the Act may seem to be clear when it is drafted and checked by Parliament, but it may become problematic in the future.

STATUTORY INTERPRETATION

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.

UNWRITTEN LAW

1.3 Islamic Law

Islamic law also one the sources however, the application is limited in the Syariah Courts.

ISLAMIC LAW