Chapter 1 : Introduction to Malaysian Legal Principles
Customs
Customs of the local inhabitants in Malaysia are also a source of law. Generally, customs relating to family law, i.e. marriage, divorce and inheritance, are given legal force by the courts in Malaysia. ‘Adat’ applies to Malays; Hindu and Chinese customary law applied to the Hindus and Chinese respectively. In Sabah and Sarawak, native customary laws apply in land dealings over native customary lands and family matters where natives subject themselves to native customary laws.
1.7.3 Islamic Law
Islamic law is currently increasing in prominence in Malaysia and is now an important source of law in commerce not only in Malaysia but internationally. The Federal Constitution provides that states have the power to administer Muslim or Islamic Law. The primary sources of Islamic law are the Holy Book (The Quran), The Sunnah (the traditions or known practices of the Prophet Muhammad), Ijma' (Consensus), and Qiyas (Analogy). The head of the Muslim religion in a state (except for Penang, Malacca, Sabah, Sarawak and the Federal Territories) is the Sultan. In Penang, Malacca, Sabah, Sarawak and the Federal Territories, the Yang diPertuan Negeri is the head of Muslim religion. The court which enforce Islamic law in the country are the Syariah Courts. Islamic law applies to Muslims only and does not apply to non-Muslims.
1.8 MALAYSIAN JUDICIAL SYSTEM The jurisdiction and power of the courts as well as doctrine of separation of powers that exist between the legislative, the executive and the judiciary, were well pronounced by the Federal Court.
1.8.1 Doctrine of Separation of Powers
The Federal Government adopts the doctrine separation of powers under Article 127 of Federal Constitution. The doctrine of separation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. The state government in Malaysia also have their respective executive and legislative bodies. The Federal Constitution provides that power is exercised by the legislative, the executive and the judiciary.
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