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Introduction to Malaysian Legal System

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noor fadhzana mohd noor

on 9 June 2015

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Transcript of Introduction to Malaysian Legal System

Islamic law is another term used to refer to Shariah, while the Shariah is the Quran and the Sunnah itself. The process of interpreting the Shariah is called fiqh or Islamic jurisprudence.

When it comes to Islamic law in judiciary sysrem, it is not solely the Shariah but the enacted Shariah rulings, one that has been codified.
general codes of conduct

the body of enacted or customary rules recognized by a community to be binding

the body of principles recognized and applied by the State in the administration of justice

In Islam, law is related to ruling and commandment of God. Once enacted, it is called as law as we understand it
What is law?
Substantive Law
Substantive law is a type of law in which its content deal with right and legal power.

It clarifies one rights, obligation, towards other individual, party, group of people or the State.

It could be under any type of law, whether private law, public law and even international law

The Federal Constitution provides the right of religion to every person in this country, Art 13 of the Constitution
Law and How They Do It...
Basically, the substantive law spells out all your rights, but in order to claim it, you have to go through a formal court system which require you to follow certain proceudres.....
Classification of Law
To classify laws in accordance to its content, the law can be divided into;
Substantive law
Procedural law.

In accordance to its enforcement, the laws can be divided into;
Public law
Private law
International law

In term of sources, the laws can be divided into
Written law
Unwritten law
Shariah law
Definition of Law
Classification of Laws
Sources of Law

Introduction to Malaysian Legal System
It refers to a type of law that is enacted to smooth the process of a lawsuit, either civil or criminal

It involves two types;
laws of procedures
law of evidence
Criminal Procedure Code

Procedural Law
In term of law enforcement...
Public Law: Law to be enforced on or by individual and the State (in the State)
Consists of two types of law:

Constitutional Law: Rights of individual in the State
Criminal Law: Obligations imposed on individuals, and failure to conform regarded as offenses against the State
Private Law: Individuals inter se
Contract Law: Rights and obligation of individuals that arise by agreement
Tort Law: Offenses against individuals
Trust Law: Relationship between trustee and beneficiary
International Law: Law which enforcement prevails between States
Public International Law: rights and obligations of the State towards other States
Private International Law: rules that guide a judge when more than one set of laws affect a case in the State (part of municipal law)

Type of law from the aspect of:
Party involved
Prevailing effect of its enforcement
This is you, when a public law being enforced on you...
This is when you are being under the control of private laws
When it comes to war, international conflict, the international law will normally comes in force
Laws From the Perpsective of Sources Are...
Written Law
Includes the following:

The Federal & State Constitution
Legislation by Parliament & State Assemblies
Subsidiary Legislation
Unwritten Law
Type of law which are t written, not enacted, but somehow binding, and it consists of:

Common law (English laws) and Rules of Equity
Judicial decisions by Superior Courts
Shariah Law
Some part of Shariah Law of this State is written, and the other is unwritten
Full transcript