Malaysian Legal System, 3rd Edition

Description

The application of the legal system varies from country to country and is primarily shaped by the unique history of a particular country. The Malaysian legal system can be traced back to British colonial rule, and the knowledge of the legal history provides the foundation from which one can begin to understand and apply the principles of constitutional, administrative, and judicial law, among others. The “Malaysian Legal System” book, which consists of thirty-five chapters, is an all-encompassing book on the legal system in Malaysia, contributed by experts in their respective fields of research and interest in this subject. It traces the origin and sources of this country’s legal system before and during the British “invasion” into the Straits Settlements, Malay States, and the Borneo States with reference to the relevant statutes and decided cases. The current application of English law in Malaysia is discussed with reference to ss. 3 and 5 of the Civil Law Act 1956 (Revised 1972). It also encompasses, inter a/ia, the sources of Malaysian law, the parliamentary process of law-making, the interpretation and construction of statutes, the administration of justice, and the legal profession in Malaysia, including under the Syariah system. Further, the salient features of the adjective or procedural law, namely, the civil procedure, criminal procedure, and the law of evidence, are also discussed. Undoubtedly, this book is an all-embracing manuscript on the Malaysian Legal System, an excellent source of reference to students reading law and those interested in knowing the theoretical and practical aspects of the legal system in Malaysia.

Key features
• An excellent reference on the development of Malaysian legal history
• Clear and comprehensive explanations of salient aspects of Malaysian law and the legal system
• Provides more details, more references, and a broader scope of coverage beyond an ordinary book on the Malaysian Legal System
• Includes coverage of the world’s major legal systems with comparisons
• The chapter structure follows the course outlines of most Malaysian universities
• Written in a simplified manner for easy understanding
• Features multiple contributors from different universities, making it the go-to student text and a quick guide for those interested in the Malaysian legal system
• Provides an important reference to students and the public on the operation of the Malaysian legal system

Table of Contents:
Chapter 01 LAW: DEFINITION, CLASSIFICATIONS AND FUNCTIONS
Chapter 02 WORLD MAJOR LEGAL SYSTEMS
Chapter 03 DOCTRINE OF RECEPTION AND DOCTRINE “TERRA NULUUS”
Chapter 04 MALAYSIAN LEGAL HISTORY
Chapter 05 RECEPTION OF ENGLISH LAW: STRAITS SETTLEMENTS
Chapter 06 RECEPTION OF ENGLISH LAW: MALAY STATES
Chapter 07 RECEPTION OF ENGLISH LAW: BORNEO STATES
Chapter 08 WRITTEN LAW: FEDERAL CONSTITUTION
Chapter 09 WRITTEN LAW: ACTS AND ENACTMENTS
Chapter 10 WRITTEN LAW: SUBSIDIARY LEGISLATION
Chapter 11 ENGLISH LAW IN MALAYSIA: SECTION 3 OF THE CIVIL LAW ACT 1956
Chapter 12 ENGLISH MERCANTILE LAW IN MALAYSIA: SECTION 5 OF THE CIVIL LAW ACT 1956
Chapter 13 EXCLUSION OF ENGLISH LAW ON IMMOVABLE PROPERTY
Chapter 14 ISLAMIC LAW: BEFORE AND DURING BRITISH ADMINISTRATION OF MALAYA
Chapter 15 ISLAM AND ISLAMIC LAW IN FEDERAL CONSTITUTION
Chapter 16 CUSTOM AS A SOURCE OF LAW
Chapter 17 CUSTOMARY LAW: WEST MALAYSIA
Chapter 18 CUSTOMARY LAW: EAST MALAYSIA
Chapter 19 STATUTORY INTERPRETATION
Chapter 20 CIVIL COURTS IN MALAYSIA: JURISDICTION AND POWERS
Chapter 21 SYARIAH JUDICIARY AND SYARIAH COURTS: JURISDICTION AND POWERS
Chapter 22 SELECTED SPECIAL COURT: JURISDICTION AND POWERS
Chapter 23 STATUTORY TRIBUNALS 447
Chapter 24 ATTORNEY GENERAL: ROLE AND POWERS 469
Chapter 25 LEGAL PROFESSION IN MALAYSIA: CIVIL SYSTEM 491
Chapter 26 ADMISSION REQUIREMENT TO THE MALAYSIAN BAR: CERTIFICATE OF LEGAL PRACTICE 509
Chapter 27 LEGAL PROCESS: EVIDENCE §25
Chapter 28 LEGAL PROCESS: CIVIL PROCEDURE 537
Chapter 29 LEGAL PROCESS: CRIMINAL PROCEDURE 553
Chapter 30 COMPLAINT INQUIRY AND RESOLUTION BODIES IN MALAYSIA 579
Chapter 31 LEGAL PROFESSION: SYARIAH SYSTEM 605
Chapter 32 ALTERNATIVE DISPUTE RESOLUTION 621
Chapter 33 LEGAL AID AND LEGAL ADVICE SERVICES 647
Chapter 34 LEGAL EDUCATION IN MALAYSIA 665
Chapter 35 THE FUTURE OF LEGAL EDUCATION 677