Chapter 6: Introduction to the Malaysian Legal System.

What are the three historical layers of the Malaysian legal system?

1. Base Layer: Ancient Hindu-Buddhist and Malay customary law (adat).

2. Middle Layer ($14$th Century+): Islamic law from the Malacca Sultanate.

3. Top Layer ($19$th-$20$th Century): English law introduced during British colonization.

Federal Constitution (FC)

The supreme rulebook and highest law of Malaysia. It defines government structure, lists fundamental rights, and divides power between Federal and State governments.

Constitutional Supremacy

The principle that the Constitution is the highest law; any law contradicting it can be declared void by the courts. Malaysia follows this instead of Parliamentary Supremacy.

Ah Thian v Government of Malaysia (1976)

A landmark case establishing that "The doctrine of supremacy of Parliament does not apply in Malaysia," confirming Constitutional Supremacy.

Yang di-Pertuan Agong (YDPA)

The King of Malaysia in a Constitutional Monarchy. His powers are limited by the Constitution, and he primarily acts on the advice of the elected government.

Three Branches of Government (Separation of Powers)

1. Legislative (Parliament): Makes the laws.
2. Executive (Cabinet): Implements and carries out the laws.
3. Judiciary (Courts): Interprets and enforces the laws.

Primary vs. Subsidiary Legislation

• Primary: Acts made by Parliament or Enactments made by State Assemblies.
• Subsidiary (Delegated): Technical rules, regulations, or by-laws made by ministers or agencies under a Parent Act.

Civil Law Act $1956$

The statute that allows English Common Law and Equity to be applied in Malaysia, provided there is no local law and it is suitable for local circumstances.

English Law Cut-off Dates

English law was "frozen" at specific dates for application in Malaysia; for Peninsular Malaysia, the date is $7$ April $1956$.

Jurisdiction of Syariah Law

Applies only to Muslims and handles personal/family matters (marriage, divorce, inheritance) and minor religious offenses through separate Syariah Courts.

Legal Status of Malaysia as an Islamic State

Malaysia is a secular state with Islam as the official religion of the Federation. This was clarified in Che Omar v PP (1988).

The Legislative Process (Bill to Law)

1. First Reading: Introduction.
2. Second Reading: Principle debate.
3. Committee Stage: Detailed amendments.
4. Third Reading: Final vote.
5. Senate: Process repeats.
6. Royal Assent: YDPA approval.
7. Gazette: Official publication.