Written Law And Unwritten Law In Malaysia

We will write a custom essay sample on sources of law in malaysia. Legislation enacted by parliament and the state legislative assemblies. There are two types of laws in malaysia those are written law and unwritten law.

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Explain the written and unwritten law.

Written law and unwritten law in malaysia. Written law is the most important source of law. The federal constitution is the highest law in the land as stated under article 4 1 of the federal constitution and it applies to all states of malaysia. The malaysia law system is divided into two types written law and unwritten law also known as common law.

It refers to the portion of malaysia law which includes the following. Written laws are laws which have been enacted in the constitution or in legislations. All of the thirteen states have their own constitutions known as the state constitution.

Unwritten law is simply that portion of malaysian law which is not being enacted by parliament or the state assemblies and which is not found in the written federal and state constitutions. Such laws are administered by separate courtsystem syariah courts. Unwritten law is law that has not been enacted by the legislature parliament and the state assemblies and this law is not found in the written federal and state constitutions.

In written law itself there are four major components which comprise of the federal constitution state constitution legislations and statutes and subsidiary delegated legislations. Federal and state constitutions. This category of law comes from cases decided by the courts and the local customs which is otherwise known as common law.

This is mentioned in the case of repco holdings. The federal constitution is the supreme law of the land. The statelegislatures have the power and are permitted to make islamic laws pertaining to persons professing the islamreligion.

Besides written laws refer to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. Such as acts of parliament ordinances and enactments. Islamic law which is only applicable to muslims isenacted under the federal constitution.

The unwritten law mainly comprised of the english law judicial decisions and custom law. As a result the chinese and hindu customary laws have lost its effect as an important source of unwritten law in malaysia. This law is found in cases which have been decided by the courts and local customs.