eLaw.my is the latest legal database on court judgments and laws, eLaw`s digital library houses over 60,000 judgments from the Labour Court, Supreme Court, Court of Appeal and Federal/Supreme Court of Malaysia dating back to the 1900s. Update of Malaysian legislation, including amending laws, PU(A)s and PU(B)s, posted in an easily accessible and printed format. You can also check the parallel citations on different legal reports from Malaysia and check how Malaysian courts evaluate the cited cases. The dual legal system is provided for in Article 121(1A) of the Malaysian Constitution. Article 3 also provides that Islamic law is the law of the State, with the exception of the federal territories of Malaysia. [1] Islamic law refers to Sharia law, and in Malaysia it is known and written as Syariah. The court is known as the Sharia Court. Looking at the Malaysian legal system as a whole, Sharia law plays a relatively minor role in shaping the laws governing the country. It applies only to Muslims. In terms of civil law, Sharia courts have jurisdiction over personal matters, such as marriage, inheritance and apostasy. Some states have Sharia criminal laws, for example, there is the Kelantan Sharia Penal Code Act of 1993. However, their jurisdiction is limited to imposing fines not exceeding RM 5000 and imprisonment for up to 3 years. In August 2007, the then Chief Justice of Malaysia proposed replacing the current application of common law in Malaysia with Sharia law.
[2] Legal Workbench (also known as LawNet in Singapore) is a service provided by the Singapore Academy of Law. It is a subscription portal specifically designed to meet the legal research and information needs of the legal community in Singapore and Malaysia. Legal Workbench is the authoritative point of contact for legal information in Singapore. The old cases before the Malayan Law Journal, as decided by the courts of the Straits settlements, are also available in the Collection of Inheritance Law. Malaysian law is primarily based on the common law legal system. This was a direct result of British 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 – defines the legal framework and rights of Malaysian citizens. Lexis® Malaysia contains the leading legal reports in Malaysia, the Malayan Law Journal with advanced features, hyperlink features and content that was previously only available in print format. With Lexis® Malaysia, the authoritative sources that lawyers rely on, such as Halsbury`s Laws of Malaysia, Indian Content, Malaysian Precedents and Forms, Atkin`s Court Forms Malaysia and others, are now available online on a subscription basis. Although the aforementioned legislation contains the main legal framework for takeover bids in Malaysia, there are a number of additional rules and principles to consider when preparing or conducting a takeover bid, such as: The application of English or common law is defined in the Articles of Association. Section 5 of the Code of Criminal Procedure provides that English law applies in cases where no specific law has been enacted. Similarly, in the context of civil law, sections 3 and 5 of the Civil Law 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, the Chief Justice of Malaysia, Ahmad Fairuz Abdul Halim, questioned the need for English common law, even though Malaysia has been independent for 50 years, and suggested replacing it with Islamic jurisprudence or Sharia law. However, the Malaysian Bar Council responded by stating that the common law was part of the Malaysian legal system and was not a basis for replacing it. The appointment to the Privy Council in England was abolished in 1985. The Malaysian judicial system is based on the British legal system familiar to those of common law jurisdictions, but it also contains distinct features in the form of Islamic religious courts and two separate high courts for the peninsula and for the states of Borneo. The judiciary in Malaysia can be judged on its external relations with other branches of government, as well as on its own internal dynamics with the various judicial systems. The external aspect is its relationship with the other two branches of government, that is, the executive and the legislative. The internal aspect concerns the relationship between civil courts and religious Sharia courts – a relationship that has raised jurisdictional issues in certain areas, such as apostasy. The Federal Constitution is the supreme law of the land. It provides the legal framework for laws, legislation, courts and other administrative aspects of law. It also defines the government and monarch and their powers, as well as citizens` rights. The Federal Constitution of Malaysia was drafted during the nation`s childbirth pains in 1957 and provides the framework for Malaysia`s modern legal system.
The Federation of Malaysia emerged from British colonialism and gained independence on August 31, 1957, and six years later, the Bornean states of Sabah and Sarawak and Singapore united to form the new nation of Malaysia. Singapore left Malaysia in 1965 to become its own sovereign nation, and today`s 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 is recognized as the religion of the Federation in accordance with article 3, paragraph 1, of the Federal Constitution, “but other religions may be practised in peace and harmony in any part of the Federation”. The laws of Malaysia can be divided into two types of laws – statutory law and unwritten law. Written laws are laws enacted in the Constitution or legislature. Unwritten laws are laws that are not contained in any law and can be found in case decisions. This is called common law or jurisprudence. In situations where there is no law governing a particular circumstance, Malaysian jurisdiction may apply. If there is no Malaysian case law, English case law can be applied. There are cases where Australian, Indian and Singaporean cases are used as persuasive authorities.
Tew, Yvonne, “The Malaysian Legal System: A Tale of Two Courts” (2011). Georgetown Law School publications and other works. 1922. scholarship.law.georgetown.edu/facpub/1922 P.O. Box 6086, Tsim Sha Tsui Post Office, Kowloon Hong Kong, Hong Kong SAR of China Malaysia`s takeover rules are modelled on those of the United Kingdom, Australia and Hong Kong, where the main rules for takeover bids are found in a non-statutory code of conduct. WestLaw Malaysia provides case law reports drawn from All Malaysia Reports and All Malaysia Electronic Judgements (AMEI) and is the first local online service linked to comprehensive coverage of current cases, legislation, journals and knowledge from the UK and India. For each reported case, a case analysis document is prepared that allows the user to understand the importance of the case they are reading and how each case cited will be evaluated by the reported case. Each case on WestLaw Malaysia comes with a PDF version of the case, as stated in the All Malaysia Reports or, in the case of AMEJ, the original transcript. [Last updated: June 1, 2022, unless otherwise noted] Federal laws are enacted by legislators (members of parliament and senators) in the Parliament of Malaysia and apply nationwide. Federal laws are known as (Parliamentary) Acts. The laws of the state are passed by members of the state legislature (Dewan Undangan Negeri) and apply only in that state. State laws are often referred to as ordinances or ordinances.