Malaysian legal system. 3rd ed.

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan, eds. (2023) Malaysian legal system. 3rd ed. CLJ Malaysia Sdn. Bhd., Kuala Lumpur, Malaysia.. ISBN 978-967-457-186-3

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Abstract

The Malaysian Legal System is largely based on the English common law tradition which was a direct result of the British occupation of the Straits Settlements, Malay States, and the Borneo States for more than 150 years. The British occupation of these states in the early nineteenth century right up to the early 1960s, with just one short interruption during the Second World War had left a greater impact on the legal system of this country. In the Strait Settlements, English law was imposed by the British through the Royal Charters of Justice and the court decisions with the sentiments and wishes of the local community being of little significance. In the Malay states, both the Federated and the Unfederated Malay States, North Borneo and Sarawak, English law was introduced in a smoother and people-considerate manner through legislation. Since its independence in 1957, the English common law tradition has formed the main component of the Malaysian legal system with Shariah implemented in certain aspects, particularly on the personal laws affecting the Muslims. With the above backdrop, the book ‘Malaysian Legal System’ which consists of 35 chapters traces the sources of the legal system in this country, before and during the British ‘invasion’ into the Straits Settlements, Malay States, and Borneo States. The current application of English law in Malaysia is discussed with reference to the Civil Law Act 1956 (Revised 1972), sections 3, 5, and 6. The sources of Malaysian law, the judiciary, are also discussed. Further, this book also discusses the interpretation and construction of statutes, the administration of justice, and the Legal Profession in the Civil and Syariah system including components of procedural or adjective law. Currently, there are more than a dozen different books in print in Malaysia that carry the title ‘The Malaysian legal system’. Therefore, much of the contents of this book mirror the previous works but with the incorporation of all the recent updates besides providing a few additional chapters related to the legal system and this includes the role and powers of the Attorney General, established institutions to resolve disputes, the legal aids and legal advisory services and the future of the legal profession and legal education. The book is indeed a rich source of scholarly discussion on the various aspects of the Malaysian legal system with chapters contributed by experts in their respective fields of research and interests. On behalf of the contributors, we would like to express our sincere appreciation to Professor Andrew James Harding, former Director of the Centre of Asian Legal Studies, National University of Singapore, for spending his invaluable time in preparing the foreword to this book. Our gratitude is further extended to the publisher, CLJ Legal Network Sdn Bhd, especially Norazah Abdul Malik and Nizam, for taking a great deal of interest in the publication and for the support in finally getting this book published. Last but not least, our heartfelt appreciation goes out to all the contributors for their hard work and efforts in making this book a success. It is hoped that the research and multifarious knowledge of the contributors will make this book an excellent source of reference as it is an all-embracing manuscript on the Malaysian Legal System. Besides being a precious source of reference, it is hoped that this book will be immensely beneficial to students reading law and those interested in knowing the theoretical and practical aspects of the Malaysian legal system. The applicable laws and the developments stated in this book stand as at 1st September 2023.

Item Type:	Book
Uncontrolled Keywords:	Malaysian Legal System, Sources of Malaysian Law, Straits Settlements, Malay States, Borneo States, Federation of Malaysia
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	17 Mar 2025 10:27
Last Modified:	17 Mar 2025 10:27
URI:	http://irep.iium.edu.my/id/eprint/120253

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