The sources of law in Malaysia include the Federal Constitution, state constitutions, legislation passed by federal and state legislatures, judicial decisions, English common law, Islamic law, and customary laws. The Federal Constitution is the supreme law of the land. Legislation includes Acts of Parliament and subsidiary legislation. Judicial decisions become precedents through the doctrine of stare decisis. English common law was received prior to independence. Islamic law and native customary laws also apply in certain circumstances.

1. M O H A M M A D S A F A R I Z A L B I N Z A K A R I A
SOURCES OF LAW

2. Laws of Malaysia emanate from various sources
 The Federal & State Constitutions;
 Legislation;
 Judicial decisions;
 English law; and
 Customary law.

3. Federal Constitution
 The supreme law of the land, fundamental law of the
land, a yardstick with which to measure the validity
of all other laws.
 *Art 4(1) states:
 This constitution is the supreme law of the Federation and any
law passed after Merdeka Day which is inconsistent with this
Constitution shall, to the extent of the inconsistency, be void.
*read with Art.159

4. Modes of Constitutional Amendment
 Art.159 & 161E
1. 2/3 majority
Common method Art.159(3)
2. Simple majority Art. 159(4)
Admission of state, composition of Dewan Negara, restriction of
freedom of movement/ speech, assembly and association,
creation & power of High Court
3. Majlis Raja-Raja+2/3 majority Art.159
4. Yang di-Pertua Negeri (Governor) of Sabah & Swak + 2/3
majority Art.161E

5. Legislation
 Law enacted by the legislature, and by bodies and
persons authorized by the legislature.
 Include:
 Acts
 Principal
 Amendment
 Revised
 Consolidated
 Enactments
 Ordinances

6. Subsidiary Legislation
 law made through powers delegated by the legislature to a body or
person via an enabling or parent statute.
 S3 of the Interpretation Act 1948 and 1967(Act 388)(Consolidated and
Revised 1989) definition:
 Any proclamation, rule, regulation, order, notification, by-law or other instrument made
under any Act, Ordinance or other lawful authority and having legislative effect.
Reasons:
Legislature has insufficient time
Modern legislation is highly technical
Quicker

7. Procedure for the enactment of an Act of
Parliament
Pre-Parliamentary
Stage
 First reading 2nd reading
Committee Stage3rd readingDewan Negara
Royal Assent
Publication

8. Judicial Decisions
 What is a source of law, binding future courts in
other cases with similar facts, however, is not the
decision inter partes, but the ratio decidendi
(literally reason for deciding) i.e. the legal principle
underlying the decision.

9. Doctrine of stare decisis
 Two way operation:
 Vertical ( a court is bound by their own prior decisions of a
higher court)
 Horizontal (some courts are bound by the prior decisions and
prior decisions f a court of the same level, whether past r
present, if any)

10. English Law
 Art.160;
 the common law in so far as it is in operation in the Federation
or any part thereof.
Civil Law Act 1956 (Act 67)(Revised 1972)
s3- English Law means the common law of England and rules
of equity
 Common law is the body of rules developed by the old
common law courts
 Based essentially on customs common
 Unwritten or unenacted law of England, the law based solely
on decisions of the courts.

11. Equity Law
 Body of rules developed first by Lord Chanancellor
 Supplementing common law, to correct its defects
and mitigate its harshness.
 equitable remedy is not available as of right; it may
not be granted if the plaintiff is considered morally
deserving.

12. Application of English Law in the Federation of
Malaysia
 Civil Law Act 1956(act 67)(Revised 1972)
 S3
 S5
 s6

13. Islamic Law
 Syariah
 Way of watering places
 Totality of God’s commands that regulate the life of Muslims in
all its aspects.
 All embracing body of religious duties and ethical, moral, and
legal regal rules, is more than a legal system, strictly speaking,
It is ‘the Way’

14. Islamic law
 Shafii scholl of jurispredence, as mdified by Malay
adat (customary) law.
 Sources…
 Primary
 Quran
 Sunnah-rules deduced form traditons i.e. sayings or conducts of
Prophet Muhammad
 Secondary (means for discovering the law)
 Ijma-consensus of jurists
 Qias-deductions from reasoning by ijtihad or analogy.

15. Islamic Law and Malaysia
 Islamic law is not included in Art.160
 Supreme law of the Federation to be the Federal
Constitution
 Art.3- Islam is the religion of Federation.
 Ceremonial purposes
 Consequences
1. Government may lawfully establish or maintain, or assist in
establishing, or assist in establishing or maintaining Islamic
institutions, or provide or assist in providing instruction in Islam,
and incur the necessary expenditure for these purposes.
2. Government through annual Supply Acts and Enactments, may
spend money on the administration of Islamic law.
 Art.121(1A)

16. Customary Law
 Definition
 Regular pattern of social behavior, accepted by a given society as binding
upon itself. It prescribes behavior that has been found to b beneficial as a
means of generating harmonious interpersonal relations, and to solve
conflicts so that a cohesive society is maintained.
 What ascribes legal consequences to a custom is the law of
tradition. If according to tradition, a pattern or custom has
become the mould which clansmen clearly wish to maintain,
and would use whatever coercive powers they may possess to
do so, one may ascribe the force of customary law to customs.
 It is proved through repeated acts practised over a long time,
leading to the conclusion that by common consent they have
become the accepted norm, or the law of the place, to the
exclusion of ordinary law.

17. Customary law in Malaysia
 No customary law common to al the communities.
 Adat-Malay
 Native law and customs-natives of Sabah and Sarawak.
 Chinese and Hindu customary laws-limited application to their
respective communities.

18. Applications
 Adat perpatih
 Democratic like system is preserved by Art 71(1) & (2) of FC
and Art XXXII of the State Constitution of Negeri Sembilan.
 Inheritance of the ancestral land and property is matrilineal.
 Endorsement of customary law on land title.
 Marriage or conjugal properties are divided into
three kinds, namely harta pembawa, harta dapatan,
and harta sepencarian.
 Tea ceremony was taken to be an integral part and
proof of a Chinese customary marriage.

19.  CONCLUSION?
 QUESTION?
 THANK YOU…….

20. Ref:
 Wan Arfah Hamzah & Ramy Bulan, An Introduction
To The Malaysian Legal System, Kuala Lumpur:
Penerbit Fajar Bakti Sdn. Bhd., 2003