Many of the current laws and rules that make up the constitution of malaysia were heavily influenced by britain, india, and australia british influence occurred mostly during 19th century colonization of malaysia (and surrounding countries) and affects of this colonization can still be seen in some of their systems. Before the british came, the preexisting law comprises malay adat (customary) law and the customary laws of the various communities malay adat law was the basic law of the land since the heyday of the malacca sultanate in the mid- fifteenth century.
The first was the founding of the melaka sultanate at the beginning of the 15th century second was the spread of islam in the indigenous culture and finally, and perhaps the most significant in modern malaysia, was british colonial rule which brought with it constitutional government and the common law system. A history of the reception of english common law in malaysia this was a direct result of the colonisation of malaya, sarawak, and north borneo by application of uk common law, rules of.
State laws, termed enactments (or ordinance in sarawak) are published in the state gazettes since 1969, all federal acts are issued under laws of malaysia series by virtue of the revision of laws act 1968 this act empowers the commissioner for law revision to revise as well as print such laws as the commissioner deems fit. English common law and the rules of equity 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. The malaysia agreement, under which north borneo, sarawak and singapore (but not brunei) would become states in the new federation of malaysia, was signed in 1963 by the uk, malaya, north borneo, sarawak and singapore.
Malaysia: a case study by: a fadzel, llb (hons) (buckingham), llm (queensland) introduction malaysia consists of a federation of fourteen states article 4(1) of the malaysian constitution states that the supreme law of the federation is the constitution. Although the dutch and portuguese were the earlier colonies, the british, who had ruled malaya for more than one hundred and fifty with just one short interruption of the world war ii, left greater impact upon the law of the country the legal history of malaysia begins with the acquisition of penang in 1786 and with the introduction of the charters of justice in 1807, 1826 and 1855.
Sources of law separation of powers enforcement of law english law classification of law legal sources/rules that make up the law in malaysia malaysian law can be classified into written and unwritten law as well as islamic law.
The law of malaysia is mainly based on the common law legal system this was a direct result of the colonisation of malaya, sarawak, and north borneo by britain between the early 19th century to 1960s the supreme law of the land—the constitution of malaysia—sets out the legal framework and rights of malaysian citizens.