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THE INTRODUCTION OF ENGLISH LAW

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NUR HIDAYAH JASRI

on 17 September 2014

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Transcript of THE INTRODUCTION OF ENGLISH LAW

before british intervention:

The law that administared was islamic law .

Many of Johor law were imported from the middle east and enforce in the court of Johor .

Terengganu 1911 , mention Islam as the religion of the state .

Kelantan strongly practice islamic law between 1837-1886

Malay adat apply to the malays
THE INFORMAL RECEPTION
The Ordinance provides that section 2 of the Civil Law Enactment 1937 is hereby extended to apply to the states FMS .

Then UMS received English law formally when Fms enactment was extended - Civil Law(Extension) Ordinance 1951


FORMAL RECEPTION
Sarawak - L-4 (Law of Sarawak Ordinance) in 1928 then the ordinance was abolished and replaced by Sarawak Application of Laws Ordinance in 1949(ALO 1949)


Sabah - Civil law ordinance 1938 later on North Borneo Application of Laws Ordinance 1951 was introduced (ALO 1951)

Emphasize the s2 of Sabah and Sarawak ALO


DIRECT RECEPTION
Sarawak through James Brookes . Brookes set up a rule for Sarawak .

Sabah - administred by Sultan of Brunei and Sulu .Then British North Borneo Company was granted concessions of North Borneo on 1865

in 1888 , Borneo states became British protectorates .

INDIRECT RECEPTION
MALAY STATES
BORNEO STATES
THE INTRODUCTION OF ENGLISH LAW
`
British advisers were appointed

Courts were established

Judges were appointed

British-Indian statutes applied
Residents/advisers adviced sultan on all state matters except matters pertaining to custom and religion .

They introduced British-Indian statutes into FMS eg:Penal code , Contract ordinances , Criminal /Civil Procedural code
Received English law through legislation and judicary

Introduction of court

Appointment of judge


the judges decided the cases based on their knowledge and practice .

Full transcript