1. The sources of the Malaysian laws.
In Malaysian law there are two primary sources. There are Statutes and cases.
Malaysian statutes.
Malaysian statutes are passed by parliment, this is the primary sources of law in this country
as even case law is based on the interpretation and application of the law contained in statue
should any judgement pronounced by any court be deemed to conflict with a statutory
provision, this may be a ground of appeal of the court‟s decision as the court is acting beyond
the authority vested in it in the Federal constitution.
Malaysian cases.
Cases law is another source of law. Judges are given the authority to apply the dictates of
statute to the particular facts of the case. The judges are also bound by the concept of judicial
precedent. This concept basically invovles the individual judges being bound to adhere to the
law decided by their brethen in courts of superior jurisdication to them. The application of the
stated law to a particular set of facts is not always predicable due to the endless myriad of
factual scenarios that can and does arise, in changing times and attitudes. If the judge finds
insufficient aid in the judicial decisions of the past, the judge is still bound to apply the law as
it stands to the facts of the case in a manner most befitting the cause of this profession justice.
As Choor Singh J stated in KMA Abdul Rahim & Anor v owners of „Lex Maersk‟ & Ors‟
“ ....It may be that there is no previous decision fitting the facts of this case, but that in my
opinion is no answer. Where the court finds that in order to do justice between the parties, the
facts warrant the breaking of new ground and the law premits it, the court should not hesitate
to do its duty.”
Lord Herschell in the case of thomas Francis Allen v William Cridge Flood and Walter Taylor
similarly observed:
“ it is the function of the courts to apply established legal principles to the changing
circumstances and conditions of human life.”
Lord Atkin in united Australia, Limited V Barclays Bank, Limted warned:
“ when these ghosts of the past stand in the path of justice clanking their mediaeval chains the
proper course for the judge is to pass through them undeterred.”

2. In this malaysian law there are main sources. The main sources are the federal
constitutions, the thirteen constitutions of the states comprising the federation, federal law
made by parliament, state laws made by the state assemblies, federal and state subsidiary
legislation ( sometimes called delegated legislation ) made by persons or bodies under powers
conferred on them by acts of parliament or enacments of state Assemblies respectively,
judicial decisions of the superior courts and often referred to as „common law‟ or „judge-made
law‟, principles of english law suitable to local circumstances and islamic law which is
applicable only to muslims.
The federal constitution.
The federal constitution is the supreme law of the land so that any general law that is
inconsistent with the constitution is, to the extent of the inconsistency, void. Unlike the
British Parliament which is supreme and with full powers to make laws on any matter, the
local parliament functions under a written constitution and is governed by it. Although the
Malaysian Parliaments law- making power is limited by constitutional provisions its actual
powers should not be underestimated. It has the capacity to amend the constitution under
which it functions albeit by a two-thirds majority vote of both chambers of parliament but the
large number of constitutional amendments to date has amply demonstrated that the special
requirement is not too much of a constraint at all, given that the government of the day has
always been able to secure a big majority in the house of representatives ( Dewan Rakyat ).
The federal constitution also provides that Islam be the religion of the federation but
guarantees the freedom of religion. Malaysia, as such is not a theocratic state. Islamic law is
enforced only among muslims although tenets of that religion do manifest themselve in the
legel system.
The State Constitutions.
All the thirteen states comprising the federation have individual constitutions which provide
for a single chamber legislative assembly in each state. In the nine former Malay States of the
peninsula, each state is headed by a hereditary constitutional ruler called „sultan‟ except in
Negeri Sembilan and Perlis where the ruler is known as „Yang di-Pertuan Besar‟ and „Raja‟
respetively. The four ex-british colonies of penang, Melacca, Sabah and Sarawak do not have
rulers but Governors appointed for a fixed term for each of the states. They are now referred
to as „Yang- di- Pertua Negeri‟.

3. Legislation.
Legislation refers to laws made by a person or body which has the power to make law. In
Malaysia, both Parliament and the Legislative Assemblies possess authority to enact laws in
their respective areas. Laws made by Parliament may extand thourghout the country and extra
territorially while laws enacted by a state Assembly can only apply to that state. The
following nomenclature is used in reference to specific pieces of legislation.
1. Act. Is a federal law made by Parliament although those made between the period of
the Malayan Union in 1946 and 10th september 1959 are called Ordinances.
2. Enactment. Is a state law made by a State Legislative Assembly with the exception of
Sarawak where its laws are called Ordinances.
3. Ordinance is a law made by the king ( Yang di-Pertuan Agong) during a proclamation
of an emergancy when Parliament is not sitting concurrently.
The common law.
It refers to law laid down by judges sitting in the Superior Courts as distinct from statute law
enacted by legislature. This system of developing law was inherited from the english. Judicial
developement of law is uniquely English so much so that the system itself is called the
common law. It is a sensitive issue in a multi-racial and multi-religious society and the
proposal will undoubtedly challenge the wisdom of the law makers and the legal profession.
English Law.
A natural consequence of British colonial rule was the spread of English law into those areas
ruled by the british. The actual wording of section 3(1) Of the civil Law act 1956 is :
“ Save so far as other provision has been made or may hereafter be made by any written law
in force in Malaysia, the court shall-
a) In west Malaysia or any part thereof, apply the common law of England and the rules
of equity as administered in England on the 7th day of April 1956.
Provided always that said common law, rules of equity and statutes of general application
shall be applied so far only as the circumstances of the States of Malaysia and their respective
inhabitants permit and subject to such qualifications as local circumstances render necessery.
The difference between the english rules and Equity has lost some significance with the
merging of the courts of common law and equity. The English courts currently, may use the
rules of common law and equity as appropriate. As stated by Denning J in the case of Central
London Property Trust Ltd v High Trees House Ltd:

4. “ At this time of day it is not helful to try to draw a distinction between law and equity. They
have been joined together now for over seventy years and the problems have to be approached
in a combined sense”.
Islamic Law.
Islamic law is applicable only to muslims and administered in the Syariah corts. Except for
the federal territories of Kuala Lumpur and Labuan the power to administer Islamic Law is
primarily that of the states. The syariah court is a state court established by state law whereas
the ordinary civil courts are federal courts. The Syariah court has its own hierarchy. Clase
(1A) of article 121 of the federal contitution states that the civil courts “shall have no
jurisdiction in respect of any matter within the jurisdiction of the syariah‟s courts”. The
religious courts possess civil jurisdiction in proceedings between parties who are muslims
against the religion such as failure to fast during the month of Ramadhan, consumption of a
alcohol and others.
Native Law.
Is a personal law applicable to the natives of Sabah and Sarawak. Natives are the indigenous
people of these two states and the legal definition of „native‟ is found in the Federal
Consumption and state law. There is a hierarchy of Native Courts in both States exercising
jurisdiction over natives in respect of their personal laws such as breach of native customs,
religion and matrimonial matters.