Written Law And Unwritten Law In Malaysia
This law is found in cases which have been decided by the courts and local customs unwritten law is mainly comprised of.
Written law and unwritten law in malaysia. Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. The federal constitution is the supreme law of the land. Unwritten law comprises the following. However not all of england s common law and rules of equity form part of malaysian law.
It is precise definite and systematic. It is precise definite and systematic. Similarities and differences between written and unwritten law in malaysia 1342 words 6 pages. What do written and unwritten laws mean.
Answer 1 a unwritten law is law that has not been enacted by the legislature parliament and the state assemblies and this law is not found in the written federal and state constitutions. Written constitution is one which is found in one or more than one legal documents duly enacted in the form of laws. Islamic law which is only applicable to muslims isenacted under the federal constitution. English law forms part of the laws of malaysia.
It refers to the portion of malaysia law which includes the following. Written law and unwritten law. This law is found in cases which have been decided by the courts and local customs. Federal and state constitutions.
Unwritten law is mainly comprised of. Laws in malaysia are categorized into written and unwritten laws. Written law is the most important source of law. Explain the written and unwritten law.
The laws of malaysia can be divided into two types of laws written law and unwritten law. English common law and the rules of equity this is also a very important source of malaysian law. Law is influence most imbibed in our life drawn into nearly all matters we are doing. The malaysia law system is divided into two types written law and unwritten law also known as common law.
All of the thirteen states have their own constitutions known as the state constitution. It is the result of the conscious and deliberate efforts of the people. In written law itself there are four major components which comprise of the federal constitution state constitution legislations and statutes and subsidiary delegated legislations. The difference between written and unwritten constitution are as follows.
Unwritten laws are laws which are not contained in any statutes and can be found in case decisions. Written laws are laws which have been enacted in the constitution or in legislation. Sections 3 1 and 5 1 of the civil law act 1956 specifically permit the reception of english common law and equity in malaysia subject to the limitations contained therein. English law english law forms part of the laws of malaysia.
The statelegislatures have the power and are permitted to make islamic laws pertaining to persons professing the islamreligion. This is known as the common law or case law.