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Malaysian legal history has been determined by events spanning a period of some six hundred years. Of these, three major periods were largely responsible for shaping the current Malaysian system. Of these, three major periods were largely responsible for shaping the current Malaysian system.
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 the 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens.
There is a parallel system of state Syariah Courts which has limited jurisdiction over matters of state Islamic law. The Syariah Courts have jurisdiction only over matters involving Muslims, and can generally only pass sentences of not more than three years imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.
Syariah (Jawi: شرعية , the Malay spelling of "Sharia") refers to sharia law in Islamic religious law and deals with exclusively Islamic laws, having jurisdiction upon every Muslim in Malaysia. The Syariah Court system is one of the two separate court systems which exist in the general Malaysian legal system. There is a parallel ...
Based on Islamic law and the Egyptian civil law system (after the French civil law system) Syria: Mainly based on French Civil Code. Islamic law is applicable to family law. Non-Muslims follow their own family laws. United Arab Emirates: Mixed legal system, based on Islamic law and the Egyptian civil law system (after the French civil law system).
Nik Elin Zurina bt Nik Abdul Rashid & Anor v. Kerajaan Negeri Kelantan, [2024] 2 MLJ 140 is a landmark decision of the Federal Court of Malaysia in which the court held that the Kelantan State Legislative Assembly did not have the power to enact 16 Sharia laws pertaining to criminal matters, which were deemed null, void and unconstitutional.
A particularly significant amendment was the removal of the judicial power and subjecting the judiciary to such jurisdiction and powers as may be conferred by or under federal law. [2] The merits of detentions made under the Internal Security Act are also not subject to judicial review, but the procedures are. [3]
The Federal Constitution of Malaysia (Malay: Perlembagaan Persekutuan Malaysia), which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. [1]