DIL1236 MALAYSIAN LEGAL SYSTEM SEM 3 (2025/2026)
Class
Lessons
Here is the class outline:
1. LANGUAGE AND HANDLING LEGAL SOURCESLanguage and handling legal sources refers to the ability to use clear legal language and properly refer to legal authorities when studying or writing about law. Handling legal sources also involves knowing how to identify, interpret, and cite sources of law such as legislation, case law, textbooks, and journal articles. 3 sections
|
|||
|
2. CLASSIFICATION OF LAWClassification of law refers to the way law is divided into different categories to make it easier to understand and apply. One common classification is public law and private law. Law can also be classified into substantive law and procedural law. 4 sections
|
||||
|
3. RECEPTION OF ENGLISH LAW IN STRAITS SETTLEMENTReception of English law means the introduction and use of English law in the Straits Settlements (Penang, Singapore, and Malacca). It was introduced through the Charters of Justice (1807, 1826, 1855) to create a proper legal system. However, English law was not applied automatically. It was used only: When suitable to local conditions, and when no local law existed. Local customs (Malay, Chinese, Islamic law) were still recognised. 4 sections
|
||||
|
4. RECEPTION OF ENGLISH LAW IN MALAY STATES, SABAH AND SARAWAKThe reception of English law in the Malay States, Sabah, and Sarawak refers to the introduction and application of English law in these territories during British rule. It was mainly introduced through legislation such as the Civil Law Act 1956, which allows courts to apply English law in certain areas. However, English law is not applied fully. It is used only: when local law is insufficient, and when it is suitable to local conditions. Local customs and laws are still recognised. 5 sections
|
|||||
|
5. SOURCES OF LAW 1: MALAYSIAN LAW AND ISLAMIC LAWSources of law refer to where the law comes from. In Malaysia, law comes from two main systems: Malaysian (civil) law – includes the Federal Constitution, legislation (Acts), and court decisions. Islamic law (Syariah law) – applies to Muslims and is based on the Quran, Hadith, and Islamic principles. Both systems exist together, but they are applied in different areas and courts. 4 sections
|
||||
|
6. SOURCES OF LAW 2: ENGLISH LAW AND CUSTOMARY LAWEnglish law is one of the sources of Malaysian law. It includes common law and equity, introduced during British rule and applied where suitable. Customary law refers to local traditions and practices, such as Malay customs (Adat) and Chinese customs, which are recognised by the courts. Both are applied only when appropriate and not in conflict with written law. 3 sections
|
|||
|
7. ADMINISTRATION OF JUSTICEAdministration of justice refers to the system and process by which the law is applied and enforced through the courts. In Malaysia, the administration of justice is carried out by a hierarchy of courts, such as the Magistrates’ Court, Sessions Court, High Court, Court of Appeal, and Federal Court. 3 sections
|
|||
|
8. SPECIFIC COURTS AND TRIBUNALSpecific courts and tribunals are special bodies created to handle particular types of cases. Courts deal with formal legal disputes (e.g. criminal and civil cases), while tribunals handle specific matters such as consumer claims, employment issues, or small disputes in a faster and less formal way. 1 section
|
|
|
9. LEGAL PROFESSION IN MALAYSIAThe legal profession in Malaysia consists mainly of advocates and solicitors, who are lawyers qualified to advise clients and represent them in court. Besides lawyers in private practice, the legal profession also includes judges, public prosecutors, legal advisers, and in-house counsel. 3 sections
|
|||
|