English Law is applied in Malaysia is through the common law. Article 160 of the Federal Constitution rules the common law to be applicable ‘in so far as it in operation in the Federation or any part thereof’.
Can English law be used in Malaysia?
If there is no Malaysian case law, English case law can be applied. There are instances where Australian, Indian, and Singaporean cases are used as persuasive authorities. The application of English law or common law is specified in statutes.
Is English common law applicable in Malaysia today?
Many Acts, ordinances and enactments embody principles derived from English common law. However, when such principles are incorporated into our legislation, it becomes Malaysian law. It is no longer English common law.
Does English commercial law applies in Malaysia?
The english commercial law can only be applicable in the absence of a written law from the Malaysian parliament, and since the malaysian parliament has passed laws on almost all common commercial matters, the english commercial law is rarely employed these days.
How is the reception of English law in Malaysia?
Reception of English law—the period prior to the Civil Law Act 1956. When the British came to Malaysia in 1786, they brought with them their own English legal system. … Its effect was the official and statutory introduction of English law in the Straits Settlements as it existed in England on 27 November 1826.
Which will prevail in the event of conflict between Malaysian law and English law?
In the event that there is a conflict between common laws and equity, the equity should always prevail. Malaysian case law may apply in the circumstances where there is no governing for a particular situation. If there is no Malaysian case law, English case law can be applied.
What is unwritten law Malaysia?
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. This category of law comes from cases decided by the Courts and the local customs, which is otherwise known as common law.
What is Islamic law Malaysia?
Malaysia has a dual-track legal system comprised of civil courts running in parallel with Islamic Sharia courts where Muslim Malays can be tried on religious and moral charges. Sharia is imposed only on Muslims and deals with moral and family matters.
Is common law the same as English law?
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.