Malaysian legal history Adat customary practices and tradition provided Malay law before colonization. Prior to the independence inmost of the laws of United Kingdom were imported and either made into local legislation or simply applied as case laws. Malaysian law is also based on other jurisdictions namely Australia and India.
Further Resources History of the Malaysian Legal System The Malaysian legal tradition has been shaped by many different influences, domestic as well as foreign. More than one different legal system has coexisted in Malaysia at various points in the long country history.
The Portal of Malaysian law provides introductory entries about the background and history of the law of the country. Malaysia Law Portal The Malaysia Law Portal provides an introductory overview of the history of legal development in Malaysia, major legal concepts, the structure of Malaysian government, the Malaysian judicial and court system, and peculiar characteristic of the response of the Malaysian legal system to development in Malaysia.
The Malaysia Portal presents the main areas of its legal system and the wider aspects of how law is made and reformed. The entries of the Malaysia Law Portal include consideration of the primary features of the Malaysian legal system, including the Malaysian legal history, Malaysian judicial structure and operation, the Malaysian Constitution and the legislative and administrative structure and process.
The contents of the Malaysia Portal also include discussion of Malaysian legal actors including Malaysian lawyerslegal education, judges and other participants in the Malaysian legal landscape. The Portal introduces legal professionals, students and the general reader to terms and concepts necessary for understanding the Malaysian legal system, the jurisdiction, organization and authority of courts in Malaysia, and the Malaysian judicial interpretation and decision-making.
The substantive areas of law such as public law, torts and product liability, property including intellectual property rights and copyright infringementsand family law are also covered. The Portal also treats the law governing the main business legal topics: It also examines the civil, criminal and administrative processes, the procedural rights, main court opinions and the various modes of alternative dispute resolution available in Malaysia.
Useful to the reader of the Encyclopedia as a reference, the Portal provides a table of cases, indices provides even greater detail, a glossary of selected legal terms and many entries provide bibliographies for further reading. Comparative Law and Legal Systems in Asia One of the goals of the comparative law is to wrap up the similarities and differences among countries, including Malaysia.
The Asian Encyclopedia of Law provides a survey of the legal systems of almost all the Asian jurisdictions. Being the Encyclopedia a work in progress, the length of the entries may vary considerably.
Each country section includes a description of their major subject areas of law, notes on the main compilations or official codificationsa detailed listing of legislation covering specific topics and resources for enacted laws and judicial decisions including references to further online sources.
Conclusion about the Legal System of Malaysia A good comprehension of the Malaysian legal system requires knowledge and skill in a number of disciplines. The Malaysian system itself is the result of developments in law, economy, politics, sociological change and the theories which feed all these bodies of knowledge.
The law or Malaysia may be relevant in a foreign jurisdiction court proceeding involving international transactions. The Knowledge of the Malaysian traditions and its legal institutions allows a good understanding of the Malaysian law, its institutions and processes and sets the Malaysian law and system in a social context.
This guide introduces some of the main procedural and substantive Malaysian principles, with a more detailed treatment of resources in the major subject areas of the Malaysian law, with access to primary materials.
The general reader and students may learn some basic legal concepts and principles of the Malaysian law, to explain how the Malaysian legal system operates, and to provide a sense of how the systems within Malaysia have evolved historically in Malaysia from its origins. A globally focused guide like this site, including the legal concepts and principles of Asia, cannot avoid taking many culture-specific elements into account.
About the Author Salvador Trinxet Llorca is a law writer, professor and lawyer specialized in comparative and international law.However, this does not displace the common law, which forms the basis of “mercantile law” generally under the Malaysian legal system.
 Ahmad Ibrahim & Ahilemah Joned, The Malaysian Legal System () Dewan Bahasa dan Pustaka, p The Malaysian Legal System is based on English common law.
The sources of Malaysian law means the legal rules that make the laws in Malaysia, which can be classified into written and unwritten law. Written law is the most important source of law.
Although the Malaysian legal system is predominantly based on English common law, there are also other secondary legal systems concurrently affecting certain sections of .
However, this does not displace the common law, which forms the basis of “mercantile law” generally under the Malaysian legal system.
 Ahmad Ibrahim & Ahilemah Joned, The Malaysian Legal System () Dewan Bahasa dan Pustaka, p The law of Malaysia is mainly based on the common law legal system.
This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to s. Georgetown University Law Center Scholarship @ GEORGETOWN LAW The Malaysian Legal System: A Tale of Two Courts Yvonne Tew Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from.