Intro to the Malaysian Legal System

Question 1

Definition of Law

Answer 1

A body of rules or a general rule of conduct that is binding to all citizens of a State.

Question 2

Transgression or breaking the rules will subject to _______________.

Answer 2

punishment/repercussion i.e., imprisonment, fines, whipping, etc.

Question 3

Purposes of Law

Answer 3

• guidance of human conduct
• punishment is to ensure obedience
• attain justice in society
• set up procedure to resolve disputes

Question 4

Definition of Morality

Answer 4

A set of standards to enable people to live in a society.

Question 5

Violating the moral standards may result to _________.

Answer 5

social disapproval and moral condemnation

Question 6

Common Morality Examples

Answer 6

• be polite
• help the poor
• help the elderly
• help doing chores at home
• do not be arrogant and selfish
• do not lie

Question 7

The Malaysian Legal System is based on __________.

Answer 7

the common law and rules of equity in England as a result of the country’s long historical experiences which can be traced back to the period of Melaka Sultanate

Question 8

Earliest compilation of laws

Answer 8

• Laws of Melaka
• Maritime Laws Melaka

Question 9

When were Laws of Melaka & Maritime Laws Melaka enforced ?

Answer 9

During the period when the Malacca was the most important kingdom in Southeast Asia in the 15th century.

Question 10

Laws of Melaka consisted of ______ which among others dealing with ____, _____ and ____.

Answer 10

• 44 clauses
• maritime law
• Muslim marriage law
• Muslim law on sale and procedure

Question 11

The laws were a combination of _____.

Answer 11

• Malay customary laws
• Hindu laws
• Islamic laws

Question 12

Only the _____ influenced the Malaysian Legal System by ____.

Answer 12

• British
• the introduction of common law during British Administration

Question 13

What does Sir Benson Maxwell state in Sahrip v Mitchel and Endain (1877) Leic 466 ?

Answer 13

When the Portuguese controlled Malacca and later the Dutch, they allowed the Malay customs, or lex non scripta (unwritten law) to remain in effect. These customs were still in force when Malacca was given to the British.

Question 14

Common law was introduced to the _____ through various _____.

Answer 14

• Straits Settlements
• Royal Charters of Justice

Question 15

When did the first official introduction of English Law to the country happen ?

Answer 15

• 25 March 1807 in Penang
• When King George III granted the Royal Charter of Justice that established a Court of Judicature to exercise the jurisdiction of the superior courts in England

Question 16

Formal introduction of English Law in Borneo States

Answer 16

• Sarawak in 1928 via Order L-4 (Laws of Sarawak Ordinance) 1928
• Sabah in 1938 via Civil Law Ordinance 1938

Question 17

The Islamic Law is administered by the ____.

Answer 17

Syariah Courts

Question 18

The customary laws remain applicable but in decline in certain aspects such as :

Answer 18

• Aboriginal customary law
• Chinese customary law
• Hindu customary law
• Malay customary law (Adat Perpatih)
• Native customery law of the non-Malay indigenous communities of Sabah and Sarawak (administered by Native Courts)

Question 19

Which article of the Federal Constitution defines the word “law”?

Answer 19

Article 160

Question 20

The Federal Constitution defines the word “law” to mean :

Answer 20

Law includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof.

Question 21

What is the Malaysian Legal System?

Answer 21

Adversarial system

Question 22

Adversarial system

Answer 22

• A system where two parties to a dispute present their cases before a trial judge.
• The trial judge conducts the trial proceeding and determines what evidence can be admissible.
• The trial judge must be an impartial umpire,
  The trial judge would listen the presentation of the two parties and at the end of the trial, decides the case.
• Previous decisions by higher courts are binding on lower courts.

Question 23

In which countries is the Inquisitorial System used ?

Answer 23

Many countries in Europe i.e. France, Netherlands, Germany etc.

Question 24

Inquisitorial System

Answer 24

• A trial judge in the system plays an active role in the trial.
• The trial judge determines the evidence or witnesses to be called.
• The trial judge who asks questions to the witnesses.
• Previous decisions are not binding and the trial judge is free to decide each case independently.