Common Law of Malaysia: A Practical Approach

Common Law of Malaysia: A Practical Approach

Defrim Shabanaj

 

Abstract

Malaysia is a common law country with a distinct common law-based legal system. The Malaysian legal system comprises various sources such as: Federal and State Constitutions, Legislations, Judicial decisions, English law, Islamic law, and customary law. English law includes English common law, rules of equity and certain legislations. Although the English law, which is entrenched in Malaysian legislations and judicial decisions, is a predominant source of Malaysian law, other sources of law, such as, Islamic law and Customary laws, have also played a significant role in shaping the Malaysian legal system to be what it is today. There was a time when English and Islamic laws conflicted especially during the British occupation. The conflict of laws is less evident today due to active legislative interventions and strict judicial observance of jurisdictional boundaries.

Keywords

Malaysia, Common law, Legal systems, Shariah.

Full Text:

28-50-1-SM