Foundations of criminal law in Malaysia: elements of crime and legal classification

Mohd Zaki, Nurul Ain Najwa and Wan Ab Mubin, Wan Nurakma and Drs Nasrul, Muhammad Amrullah (2026) Foundations of criminal law in Malaysia: elements of crime and legal classification. Quantum Journal of Social Sciences and Humanities, 7 (4). pp. 130-140. E-ISSN 2716-6481

PDF - Published Version Download (201kB)

Abstract

With the increasing crime rate in Malaysia, the enforcement of criminal law remains a major concern within the Malaysian legal framework. Crime is understood as an act or omission punishable by the criminal law and manifests in various forms due to its complex nature. However, the complexity of criminal liability and the distinctions between different categories of crimes often createdifficulties in the proper interpretation and application of criminal law principles. It may take the form of a conduct crime, where the prohibited conduct itself constitutes the offence, or a result crime, where liability arises only when the conduct produces a specific consequence. Furthermore, crimes may also be categorized as mala in se, referring to acts that are inherently wrong, or mala prohibita, referring to acts that are wrongful because they are prohibited by law. This paper examines the elements and types of crime in Malaysian law, particularly the roles of actus reus and mens rea in establishing criminal liability. The application of these principles analyzed through recent case studies. This study adopts library-based research, involving statutory provisions, case law, academic journals, textbooks, and official government publications, supported by doctrinal research methodology and quantitative analysis. The findings highlight the importance of continuous study and refinement of criminal law principles to uphold justice within Malaysian society.

Item Type:	Article (Journal)
Uncontrolled Keywords:	conduct crime, result crime, criminal liability, mala in se, mala prohibita
Subjects:	K Law > K5000 Criminal Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	DR MUHAMMAD AMRULLAH DRS NASRUL
Date Deposited:	14 Oct 2026 12:09
Last Update:	14 Oct 2026 12:09
Queue Number:	2026-10-Q5599
URI:	http://irep.iium.edu.my/id/eprint/131923
Indexed In:	Google Scholar, MyCite

Actions (login required)

View Item