Basic Framework of the Malaysian Legal System

Malaysian law is mainly based on the common law legal system. This was a direct consequence of Britain`s colonization of Malaysia, Sarawak and northern Borneo between the early 19th century and the 1960s. The supreme law of the land – the Constitution of Malaysia – sets out the legal framework and rights of Malaysian citizens. The judiciary has the power to negotiate and rule in civil and criminal matters and to decide on the legality of legislative or executive acts in accordance with Article 125A of the Federal Constitution. It is also legally empowered to interpret federal and state constitutions. The courts may decide on the validity or invalidity of a law passed by Parliament and may decide on the meaning of a provision of the Constitution. The jurisdiction of Malaysian courts is determined by the Courts of Justice Act 1964 for superior courts and the Subordinate Courts Act 1948 for subordinate courts that lawyers in Malaysia may practise in government or in the private sector. Public sector lawyers are managed by the Justice and Legal Services Commission. They are transferable within the chamber department of the GA or can be seconded as legal advisers to any state government. In private practice, there is no division of the legal profession. A practising lawyer is known as a lawyer and a lawyer and usually does all the work done by lawyers and lawyers in England. There is a bar for Peninsular Malaysia, namely the Malaysian Bar Council and a separate bar for Sabah and Sarawak, namely the Sabah Law Association and the Advocates Association of Sarawak respectively.

A member of the Peninsular Malaysian Bar is not licensed to practise in Sabah and Sarawak. No member of the Sabah and Sarawak Bar Association is licensed to practise in the other state or in the Malaysian Peninsula. The Council of the College is given legal powers to regulate the profession and acts as the general watchdog of professional etiquette and standards. Sabah LawNet is one of the chambers of the Attorney General of the State of Sabah, which contains an updated sabah law database. These laws include decrees, ordinances, rules, regulations or statutes of the State. It is comprehensive and easy to use and is aimed at government officials, practicing lawyers, legal advisors, academics, law students, as well as the general public who need to refer daily to the laws of Sabah. An understanding of the basic arrangement of the current Malaysian legal system and the concept of separation of (legislative) powers will help you understand how Malaysian legal resources are organized and found. Although the Malaysian legal system is mainly based on English common law, there are also other secondary legal systems that simultaneously affect certain articles of law, such as Islamic law and customary law. Therefore, it is also important that researchers note for which jurisdiction and group of people the law was determined and whether the laws are still in force.

The Federal Constitution of Malaysia was drafted at the birth of the country in 1957 and provides the framework for Malaysia`s modern legal system. The Federation of Malaysia emerged from British colonialism on 31 March. Six years later, the states of Borneo – Sabah and Sarawak – and Singapore merged to form the new nation of Malaysia. Singapore left Malaysia in 1965 to become its own sovereign nation, and the current Federation of Malaysia includes the Peninsula, Sabah and Sarawak. Malaysia was born in a climate of multicultural compromise as a constitutional monarchy governed by secular laws. Islam has been recognized as the religion of the Federation, according to Article 3 (1) of the Federal Constitution, “but other religions may be practiced in any part of the Federation in peace and harmony.” The Labour Court was established in 1940 under the rules of the Labour Investigation Court, but did not function due to the Japanese occupation. The objective of the Labour Court is to establish principles and guidelines for labour law in the private sector through court decisions and arbitral awards, which set a precedent for the practice of labour law and the industrial relations system. Today`s Labour Court is established by the Industrial Relations Act 1967. This website contains further explanations on the functions, activities and jurisdiction of the Labour Court.

Malaysia`s legal system was modeled on the English legal system, which practices parliamentary democracy and is governed by a constitutional monarchy, with His Majesty the ceremonial Yang di-Pertuan Agong (the King) at the head of the country. Yang di-Pertuan Agong is elected by the Leadership Conference for a five-year term in the ranks of hereditary rulers of the nine sultan-ruled states of the Federation. The states are Perlis, Kedah, Perak, Selangor, Negeri Sembilan, Johor, Pahang, Terengganu and Kelantan. In the other states, namely Melaka, Pulau Pinang, Sabah and Sarawak, the head of state is the Yang di-Pertua Negeri or governor of the state. Yang di-Pertua Negeri is appointed by Yang di-Pertuan Agong for a four-year term. Complications have arisen with regard to the dual judiciary, for example with regard to religious freedom. Article 11 of the Constitution states that “every human being has the right to profess and practise his religion”. However, in the case of Lina Joy – a Malay convert to Christianity – the Federal Court of Malaysia refused to allow her to change her religion listed on her identity card (MyKad).

The judges found that they did not have jurisdiction in this case – that it was a sharia issue, as stated in Article 121(1A) of the Constitution. eLaw.my is the latest legal database on court decisions and laws, eLaw`s digital library contains more than 60,000 judgments from the Labour Court, Supreme Court, Court of Appeal and Federal/Supreme Court of Malaysia dating back to the 1900s. Updated Malaysian legislation, including amending laws, PU(A) and PU(B) displayed in an easily accessible and printable format. You can also check out the parallel citations to different Malaysian legal reports and check how Malaysian courts assess the cases cited. Federal laws enacted by the Malaysian parliament apply throughout the country. There are also state laws enacted by state legislatures that apply in the respective state. Malaysia`s constitution also provides for a single dual system of justice – secular laws (criminal and civil laws) and Sharia laws. This website contains laws on procedures and criteria for the appointment of judges, as well as their code of ethics, to establish basic standards of conduct for judges and to provide guidance for determining and maintaining the character and conduct of the higher judiciary. The application of English law or the common law is provided for in the statutes. Article 5 of the Code of Criminal Procedure states that English law applies in cases where no specific legislation has been adopted.

Similarly, sections 3 and 5 of the Civil Law in the Civil Law Context Act permit the application of English common law, rules of equity and laws in Malaysian civil cases where no specific law has been enacted. In 2007, Malaysia`s Chief Justice, Ahmad Fairuz Abdul Halim, questioned the need to use English customary law, even though Malaysia has been independent for 50 years, and proposed replacing it with Islamic jurisprudence or Sharia law.