MLS

1. DEFINITION OF LAW

2. DEFINITION OF LAW
2
Activity:
Brainstorm What comes to
your mind when
you heard the
word
Law?

3. CONTINUE
>Oxford Dictionary:
The system of rules which a
particular country or community
recognizes as regulating the
actions of its members and
which it may enforce by the
imposition penalties.
3
Source: Oxford dictionary

4. CONTINUE
> Sir John Salmond
(1862-1924):
The body of principles
recognized and applied by
the state in the administration
of justice.
4
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

5. CLASSIFICATION OF LAW
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6. 1.2 Classification of law
LAW
Public law
(individual+state)
Constitutional
law
Criminal
law
International law
(state+state)
Public
international
law
Private
International
law
Private law
(individual+individual)
e.g. Law of
contract
e.g. Law
Of trust
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7. 7
PUBLIC LAW :
• The law which governs the relationship between individuals and the
state.
• Public law may be further subdivided into two categories i.e.
constitutional law and criminal law.
• Constitutional law lays down the rights of individuals in the state. It deals
with questions such as supremacy of Parliament and rights of citizens. It
also covers areas dealing with state and federal powers.
• Criminal law codifies the various offences committed by individuals
against the state. A crime is a wrong against the state for which
punishment is inflicted by the state.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

8. 8
 International law:
• The law which governs the relationship between state and state.
• It may be subdivided into two categories:
1. Public international law
2. Private international law.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

9.  Private law:
• Private law concerned with matters that affect the rights and duties of individuals
amongst themselves.
9
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

10. SOURCES OF MALAYSIAN LAW
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11. SOURCES OF MALAYSIAN LAW
The main sources of Malaysian law are:
A. Written law (also referred to as statute law):
1. Federal Constitution
2. State Constitution
3. Legislation
4. Subsidiary legislation
B. Unwritten law:
1. English law
2. Judicial decision
3. Customary law
C. Islamic law

12. A. WRITTEN LAW
1. Federal Constitution:
- Supreme law of Malaysia
- Provides the powers of the
Federal & State Governments
- Provides fundamental
rights of individual
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Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

13. 13
2. State Constitution:
- Regulates State Governments
- Contains provisions derived from 8th schedule of the
Federal Constitution
3. Legislation:
- enacted by Parliament and the state assemblies
• Act: laws made after 1957
• Ordinances: - laws made 1946-1957
- laws in Sarawak
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

14. 14
4. Subsidiary legislation:
- Laws made under any Acts, Enactments or Ordinances
- Very important because specify the laws in more detail and for everyday
matters
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

15. B. UNWRITTEN LAW
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1. English law:
- Applicable in the absence of local laws
- Suitable to local circumstances
English Commercial Law?
• Section 5(2) of the Civil Law Act 1956, English commercial law
applies to Penang, Malacca, Sabah & Sarawak
• If no local laws applicable
• Today, many local laws dealing with commercial matters
e.g. Contracts Act 1950, Partnership Act 1961, Companies Act 1965
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

16. 16
2. Judicial decisions:
- Judge’s decision
- Doctrine of binding precedent :
Not decide cases arbitrarily- must follow precedents
(previous decisions of similar situations). Each court is
bound by the decisions of courts of the same level or
higher than it in the same hierarchy of courts, whether or
not it believes a decision is correct.
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

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3. Customary law:
- Customs practiced by local people
- Generally, customs relating to family law are given legal force by courts in
Malaysia-marriage, divorce, inheritance
- Sabah and Sarawak: native customary laws apply
- Peninsular Malaysia:
Adat Perpatih - Malays in Negeri Sembilan & Naning in Melaka
- land, lineage, election of rulers
Adat Temenggung - many states
- from Palembang, Sumatra
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

18. C. ISLAMIC LAW
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• applicable to Muslims only, does not apply to non Muslims
• family matters (marriage and divorce)
• estate matters (inheritance, wasiat)
Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

19. JUDICIAL SYSTEM IN MALAYSIA
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20. 1.4 Judicial system in Malaysia
FEDERAL
COURT
COURT OF
APPEAL
High Court in
Malaya
Sessions
Court
Juvenile Court
Magistrates’
Court
Penghulu’s
Court
Syariah Court
High Court in
Sabah &
S’wak
Session Court
Juvenile Court
Magistrates’
Court
Native Court Syariah Court
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Source: Lee Mei Pheng & Ivan Jeron Detta, Commercial law, Oxford Fajar, 2011.

21. Exercises:

22. -THE END-
THANK YOU