the law can be classified as
1) public law
2) private law

some classify it as
1) civil law
2) common law

civil law common law
introduction based on the law of Rome based on the law of European countries
rights & duties emphasis is on the rights of the parties to an action emphasis is on the remedies rather than rights
judicial decision places great importance on the complete code of written law places great importance of previous decisions
procedure inquisitorial accusatorial

the are 2 categories of common law in Malaysia:
1) criminal law
2) civil law

criminal law civil law
concerns offences against the state disputes between private indivduals
purposes of the action to preserve order in the community by purnishing to remedy the wrong which has been suffered
the parties a prosecutor prosecutes a offender a plaintiff sues a defendant
where is the hearing the criminal courts the civil courts
decisions an accused may be found convicted or acquitted a defendant may be found liable or not liable
sanctions imprisonment, fine or both, death, whipping, forfeiture of property damages, injuntion, specific performance, & recission
examples murder contract

there are 2 groups of sources for Malaysian law
1) written
2) unwritten

the written law is based on
1) Federal Constitution
2) State Constitutions
3) Legistration
4) Subsidiary Legistration

the unwritten law is based on
1) English common law
2) Judicial decisions
3) Customs
4) Muslims law

the Federal Constitution has 14 Parts (contain 181 Articles) & 13 Schedules:

Part I the states, religion & law of the federation Article 1 - 4
Part II fundamental liberties Article 5 - 13
Part III citizenship Article 14 - 31
Part IV the federation Article 32 - 69
Part V the states Article 70 - 72
Part VI relations between the federation & the states Article 73 - 95
Part VII financial provisions Article 96 - 112
Part VIII elections Article 113 - 120
Part IX the judiciary Article 121 - 131
Part X public services Article 132 - 148
Part XI special powers against subversion, organised violence, & acts & crimes prejudicial to the public & emergency powers Article 149 - 151
Part XII general & miscellaneous Article 152 - 160
Part XIIA additional protections for states of Sabah & Sarawak Article 161
Part XIII temporary & transitional provisions Article 162 -180
Part XIV saving for rulers' sovereignty, etc. Article 181

there are 3 chapters in Part 3 (citizenship):
            Chapter 1 - Acquisition of Citizenship
            Chapter 2 - Termination of Citizenship
            Chapter 3 - Supplemental

there are 6 chapters in Part 4 (the federation):
            Chapter 1 - The Supreme Head
            Chapter 2 - The Conference of Rulers
            Chapter 3 - The Executive
            Chapter 4 - Federal Legislature
            Chapter 5 - Legislative procedure
            Chapter 6 - Capacity as respects property, contracts and suits

there are 8 chapters in Part 6 (relations between the federation & the states):
            Chapter 1 - Distribution of legislative powers
            Chapter 2 - Distribution of executive powers
            Chapter 3 - Distribution of financial burdens
            Chapter 4 - Land
            Chapter 5 - National development
            Chapter 6 - Federal surveys, advice to States and inspection of State activities
            Chapter 7 - National Council for Local Government
            Chapter 8 - Application to States of Sabah and Sarawak

there are 2 chapters in Part 7 (financial provisions):
            Chapter 1 - General
            Chapter 2 - Application to States of Sabah and Sarawak

First Schedule oath of applications for registration or naturalisation
Second Schedule citizenship of persons born before, on & after Malaysia Day
Third Schedule election & removal of the Yang di-Pertuan Agong & his deputy
Fourth Schedule oaths of Office of Yang di-Pertuan Agong & his deputy
Fifth Schedule the conference of rulers
Sixth Schedule forms of oaths & affirmations
Seventh Schedule election & retirement of senators
Eighth Schedule provisions to be inserted in state constitution
Ninth Schedule legislative lists (the responsibilities & rights of the federal & state government)
Tenth Schedule grants & source of revenue assigned to states
Eleventh Schedule provisions of the interpretation & general clauses ordinance 1948 (Malayan Union Ordinance No.7 OF 1948), applied for interpretation of the constitution
Twelfth Schedule (repealed)
Thirdth Schedule provisions relating to delimitation of constituencies

below are some of the Articles:
            Article 3 states that Islam is the official religion.
            Article 4(1) says that the Constitution is the supreme law of the Federation.
            Article 11 provides that every person has the right to profess & practice his own religion.
            Article 121(1A) provides a dual justice system.
            Article 114 states that the Election Commission shall be appointed by the Yang di-Pertuan Agong
            Article 150 permits the Yang di-Pertuan Agong to issue a Proclamation of Emergency and to govern by issuing ordinances.
            Article 152 states that the national language is Malay language.
            Article 153 safeguards the rights & privileges of the Malay & other indigenous peoples of Malaysia.
            Article 160(2) defines a Malay.
            Article 161A(6)(a) & Article 161A(7) define a native of Sarawak.
            Article 161A(6)(b) defines a native of Sabah.
            Article 181 guarantees the sovereignty, rights, powers and jurisdictions of each Malay Ruler.
            notes : the original texts of articles 1 to 15 before they were modified.

below are some of the Acts:
            Sedition Act 1948 (Act 15)
            Employees Provident Fund Act 1951 (Act 272)
            Workmen's Compensation Act 1952 (Act 273)
            Aboriginal Peoples Act 1954 (Act 134)
            Employment Act 1955 (Act 265)
            Civil Law Act 1956 (Act 67)
            Internal Security Act 1960 (Act 82)
            University Of Malaya Act 1961 (Revised - 2007) (Act 682)
            Companies Act 1965 (Act 125)
            Children & Young Persons (Employment) Act 1966 (Act 350)
            Factories & Machinery Act 1967 (Act 139)
            Industrial Relations Act 1967 (Act 177)
            Income Tax Act 1967 (Act 53)
            Accountants Act 1967 (Act 94)
            Registration of Engineers Act 1967 (Act 138)
            Employees’ Social Security Act 1969 (SOCSO) (Act 4)
            Universites & University Colleges Act 1971 (Act 30)
            Medical Act 1971 (Act 50)
            Pensions Act 1980 (Act 227)
            Pensions Re-Computation Act 1980 (Act 228)
            Pensions Adjustment Act 1980 (Act 238)
            Statutory and Local Authorities Pensions Act 1980 (Act 239)
            Printing Presses and Publications Act 1984 (Act 301)
            Pensions Trust Fund Act 1991 (Act 454)
            Human Resources Development Act 1992 (Act 491) (Repealed by Act 612)
            Occupational Safety & Health Act 1994 (Act 514)
            Human Resources Development Berhad Act 2001 (Act 612)
            Skills Development Fund Act 2004 (Act 640)
            National Skills Development Act 2006 (Act 652)
            Retirement Fund Act 2007 (Act 662)
            Malaysian Biofuel Industry Act 2007 (Act 666)
            Labuan Native Title Act 2007 (Act 667)
            Persons With Disabilities Act 2008 (Act 685)
            Fire Services Act 1988 (Act 341)
            Electricity Supply Act 1990 (Act 447)
            Environmental Quality Act 1974 (Act 127)

return to main page