What Is English Law In Malaysia

In formulating malaysia s own common law the court is free to look at any source of law local or non local.

What is english law in malaysia. That qualification concern the extend to which english law is applicable. 1 in all questions or issues which arise or which have to be decided in the states of peninsular malaysia other than malacca and penang with respect to the law of partnerships corporations. The common law of england after the cut off date statutes of general application after 1951 1949 principles of common law in other countries common custom of people of malaysia etc. Under the civil law act 1956 section 5 1 english commercial law as it stood on 7 april 1956 applies in the nine former malay states.

Federal laws enacted by parliament of malaysia that apply throughout. English law and it s application in malaysian court english law in virtue article 160 of federal constitution includes the common law in so far as it is in operation in the federation or any part thereof. The law of malaysia is mainly based on the common law legal system. Under section 5 2 which applies to penang melaka sabah and sarawak english commercial law at the date at which the matter has to be decided applies.

Many of the local laws especially those affecting trade commerce and banking were patterned on english models or in some instance other colonial laws e g. It was also further emphasize that once the law of england was introduced in any state no other law would be enforced except the english law. The supreme law of the land the constitution of malaysia sets out the legal framework and rights of malaysian citizens. 10 laws of malaysia act 67 application of english law in commercial matters 5.

Section 3 and 5 of the civil law act 1956 provide that english law relating to contract is applicable in malaysia in relation to areas not covered by our legislation or our case law. Therefore the english law cannot be the lex loci. 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. This was a direct result of the colonisation of malaya sarawak and north borneo by britain between the early 19th century to 1960s.

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. In other words english law was introduced to penang through the first charter of justice in 1807.