What Is English Common Law In Malaysia

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What is english common law in malaysia. In article 160 of the federal constitution states the definition of law which includes the common law in so far as it is in operation in the federation or any part thereof that concerns the extent to which the english law is applicable in malaysia. The colonization of british in malaya has brought together the english law which later on became our country s source of law. Major areas of law particularly administrative law contract law equity and trust law property law and tort law are largely judge made though certain aspects have now been modified to some extent by statutes however other areas of law such as criminal law company law and family law are almost completely. The legal system of singapore is based on the english common law system.

20 introduction of english common law in malaysia it school multimedia university bukit beruang. 20 introduction of english common law in malaysia it can be found that malaysia. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. Once there is written law in malaysia on that matter english common law and the rules of equity are excluded from our law.

The common law is based on judicial decisions and consists of unwritten laws formed by previous court decisions that govern local customs accepted behavior and traditions. Only english common law and rules of equity administered in england on 7 april 1956 can be applied to fill in the lacuna in the law. English common law is currently the most widespread legal system in the world with about 30 percent of the world s population living under common law. The effect of these two provisions of the cla is that where there is no specific legislation governing matrimonial matters including custody and control of infants the english common law as at april 1956 applies the intent being that malaysia will thereafter develop its own body of common law.

This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s. The application of english law or common law is specified in the civil law act 1956 as stated in sections 3 and 5 of the said act which allows for the application of english common law equity rules and statutes in malaysian civil cases where no specific laws have been made. Basically there are two main sources of law in malaysia namely. Only english common law and rules of equity together with statutes of general.

The law of malaysia is mainly based on the common law legal system that means that english law forms part of the laws of malaysia. Federal laws enacted by parliament of malaysia that apply throughout.