Post-Independence Malaysian Law depends on Common Law Legal System. The supreme law of Malaysia is the Constitution of Malaysia which makes the legal rights and framework for Malaysian Citizens.
The law of Malaysia passes the bill in both the houses the house of representatives and the senate. This bill may pass in any of this house.
The houses are also called Dewan Rakyat and Dewan Negara, the lower house of the parliament and the upper house respectively.
Judiciary of Malaysia is centralized despite the federal constitution and influenced by English Common Law & Islamic Jurisprudence.
Two types of trial – criminal & civil wherein, Federal court is the highest court in Malaysia.
Laws Of Malaysia (LOM)
Legislature law: federal law and state law
Federal law: Federal law is the greatest law in Malaysia. Which applies throughout the country. Federal law is made by the members of parliament. It is also known as the Act of parliament. This law came into action in the year 1957.
This law examines government policies, approves the expenditure as well as approve taxes. If any person violates this law they have to face the consequences in court.
Federal territories are handled by federal law. This federation is called as Federation of Malaya. When the states like Sabah and Sarawak came together then the federation of Malaya was formed.
Later on, Singapore quit the federation and now is an independent. Yang di-Pertuan Agong has become the head of state. His role was largely ceremonial. Federal law provides the organization in three main branches of the government. First, to the branch of parliament, House of Representatives and the senate which is also called a bicameral legislative branch.
Second, the branch that is led by the prime minister along with his cabinet minister, which is also called the executive branch, and the third to the federal court which is also called the judicial branch.
As per the constitution of Malaysia, the last revised was on 1st November 2010, the form consists of 15 parts which have 230 articles and 13 schedules along with the 57 amendments.
State law: Assemblymen who sit in the state legislative assembly make the state law. This law is only applied in particular states. Each state of Malaysia has its elected head and assembly.
State law is also referred to as enactment or ordinances. States like Sabah and Sarawak, some federal acts of parliament is applied.
Common law: judge-made law: There are two types of law in Malaysia. One is written in which the laws have enacted by the constitution and unwritten are not mentioned anywhere but can be found in the cases. This case decision is called case law or common law.
In Malaysia, if the situation comes where the law can not govern particular cases or circumstances than common law may apply there. In the case, if Malaysian case law can not be applied than English case law can be applied. According to the constitution, the English common case can be applied in cases where there is no specific legislature under section 5 of the criminal procedure code. Even in civil law, the English common law is allowed to apply.
Syariah law : Syariah law is also known as Islamic law. It is for the Islamic people of Malaysia. Islamic laws are mainly civil laws that are for personal law and family law, religious observance.
This law is also called Syariah law and the rules are set by the various sultans. Sultans are the head of the Islamic religions in their states.
Islamic law is handled by the state legislature but not in the federal territories. It deals with the jurisdiction of Muslim people of Malaysia and can pass the sentence not more than 3 years of imprisonment and a fine of up to 5000 RM, and can give order to stroke of the cane. In the article 145 of the constitution of Malaysia says that the matter related to the Syariah court will only be handled by the attorney general of Malaysia has no power over it.
Syariah law has three levels of court. An appeal, high and subordinate. This law was primarily established out of state law.
Civil law: Civil law is all about the matter of various legal matters like business or family law. In this law, the case can be charged a penalty of the financial amount.
This law copes with the dispute between the individual and the organization, anyone can be the victim and the other is awarded by the compensation. This law is all about proving guilty on the balance of possibilities.
Conclusion: Laws be of any country it needs to be strictly followed. Malaysia also has its constitution wherein the laws & policies of the country are mentioned in case of failure in law it may result in fine, jail term or stroke of cane depending on the crime committed.