Sources Of Unwritten Law In Malaysia
It refers to the portion of malaysia law which includes the following.
Sources of unwritten law in malaysia. Describe the various sources of law distinguish the various sources of law sources of malaysian law laws that enacted by legislative 1 bodies written law i. The sources of malaysian law means the legal rules that make the laws in malaysia which can be classified into written and unwritten law. As a result the chinese and hindu customary laws have lost its effect as an important source of unwritten law in malaysia. It is made up by the federal constitution state constitution legislation and subsidiary legislation.
This category of law comes from cases decided by the courts and the local customs which is otherwise known as common law. In malaysia the main sources of law can classify into written law and unwritten law. Madam namirah mohd akahsah learning outcomes the students must be able to. All of the thirteen states have their own constitutions known as the state constitution.
The federal constitution is the supreme law of the land. Written law is the law that has been enacted by the parliament and state legislative assemblies. This law is found in cases which have been decided by the courts and local customs. Unwritten law consists of english law judicial decision and customs.
Another source of malaysian legal system law is the unwritten law. Written law is the most important source of law. Written law federal and state constitution federal and state legislation subsidiary legislation. Explain the written and unwritten law.
Written law comprises of the federal and state legislation enacted by parliament and the state assemblies and the subsidiary legislation made by persons or bodies under powers conferred on them. Sources of law unwritten law prepared by. The malaysian legal system is based on english common law. Federal and state constitutions.
There are three main sources of law in malaysia which are written law unwritten law and islamic law. Islamic law which is only applicable to muslims isenacted under the federal constitution. Sources of law in malaysia unwritten law is law that has not been enacted by the legislature parliament and the state assemblies and this law is not found in the written federal and state constitutions. Unwritten law is the law which is not enacted by the parliament and state legislature assemblies and there is no complete codification.
It is important because the legislation made by parliament and the state is not enough to give the laws needed to govern everyday matters. The statelegislatures have the power and are permitted to make islamic laws pertaining to persons professing the islamreligion. Written islamic sources of malaysian unwritten law consists of. Simply that portion of malaysian law which is not being enacted by parliament or the state assemblies and which is not found in the written federal and state constitutions.
Unwritten law is mainly comprised of.