1. MALAYSIAN LEGAL SYSTEM (Tutorial) Legal History SS and Malay States
Question 1
It was observed from the analysis of the cases in the Straits Settlements that there was a general
reluctance to accommodate local circumstances and the needs of the local inhabitants though
judges repeatedly proclaimed the policy of modifying the application of English law to prevent
injustice and oppression.
Comment the above statement in light of decided cases.
Question 2
Explain the significance of the Charter of Justice, 1855 in the transformation of the
administration of justice in the Straits Settlements.
Question 3
With the appointment of British Residents and Advisors in the Federated and Unfederated Malay
States, respectively, legislations were enacted for the establishment of courts, the appointment of
English trained judges and the importation of the British Indian statutes into the above States. In
many cases, judges and lawyers, having no firm grasp of Islamic law, had enforced the English
common law, in the absence of statutory provisions. The primary aim of these measures was to
facilitate British trade aside from the exploitation of natural resources of these States. The
cumulative effect of the above measures was the marginalization of Islamic law to the realm of
personal law.
Discuss.
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