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DIL1236 MALAYSIAN LEGAL SYSTEM SEM 3 (2025/2026)


Class
Yusof Aziz
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Lessons

Here is the class outline:

1. LANGUAGE AND HANDLING LEGAL SOURCES

Language 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.

LANGUAGE AND HANDLING LEGAL SOURCES
Exercise
Topic 1 - Language and Handling Legal Sources

2. CLASSIFICATION OF LAW

Classification 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.

Exercise 1
Exercise 2
Topic 2 - Classification of Law
Topic 2 - Classification of Law

3. RECEPTION OF ENGLISH LAW IN STRAITS SETTLEMENT

Reception 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.

RULES OF LANGUAGE OR MAXIMS
Exercise 3
TOPIC 3 - Reception of English Law in the Straits Settlement
TOPIC 3 - Exercise Questions

4. RECEPTION OF ENGLISH LAW IN MALAY STATES, SABAH AND SARAWAK

The 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.

Major Legal Systems in The World
Malaysian Legal System
Common Law v Civil Law
Exercise 4
Topic 4 - Major Legal System in the World

5. SOURCES OF LAW 1: MALAYSIAN LAW AND ISLAMIC LAW

Sources 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.

Sources of Law in Malaysia
Separation of Power in Malaysia
Topic 5 - Sources of Law in Malaysia
Topic 5 - Sources of Law in Malaysia

6. SOURCES OF LAW 2: ENGLISH LAW AND CUSTOMARY LAW

English 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.

Law Making Process in Malaysia
Topic 7 - Law Making Process in Malaysia
Topic 7 - Law Making Process in Malaysia

7. ADMINISTRATION OF JUSTICE

Administration 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.

Hierarchy of Courts in Malaysia
Topic 7 - Administration of Justice in Malaysia
Topic 6 - Administration of Justice in Malaysia

8. SPECIFIC COURTS AND TRIBUNAL

Specific 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.

Introduction of Courts in Malaysia

9. LEGAL PROFESSION IN MALAYSIA

The 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.

Legal Profession in Malaysia
ILAC Answering Technique
ILAC Problem Based Question
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