Chapter 1 : Introduction to Malaysian Legal Principles
1.7 SOURCES OF MALAYSIAN LAW The term “Sources of Malaysian Law’ means the legal sources, i.e. the legal rules that make up the law in Malaysia. The main sources of Malaysian law comprise: written law and unwritten law. Written law comprises statute law and subsidiary legislation; whilst unwritten law comprises case law or common law; judge-made law, i.e. common law and equity. International treaties are another source of law. Islamic law also one of the main sources in Malaysian Legal system.
Written Law
Unwritten Law
Islamic Law
1.7.1 Written Law
Written law is also referred to as statute law. This is law made by Parliament and any subordinate bodies to whim Parliament has delegated power to legislate. Once an Act of Parliament comes into existence, it remains law until it is repealed by a later Act of Parliament. Whenever there are doubts or disputes about the meaning of a word or phrase in a statute which arise or where there are ambiguities or any other matter that requires the courts to interpret statutes, courts play an important role in interpreting statutes. Written law in Malaysia may be found in the following:
The Federal Constitution
State Constitutions
Legislation
Subsidiary Legislation
The Federal Constitution
Malaysia is a Federation of thirteen states with a written constitution, the Federal Constitution, which is the supreme law of the country. Besides laying down the powers of the Federal and State Governments, the Federal Constitution enshrines the basic fundamental rights of the individual. The rights written into the Constitution can only be changed by a two-thirds majority of the total number of members of the legislature. The Federal Constitution comprises Articles which provide some of the following: 1) The name, states and territories of the Federation 2) Religion of the Federation 3) Supreme law of the Federation 4) Fundamentals liberties 7
