MALAYSIAN LEGAL

SYSTEM
LECTURE ONE

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 INTRODUCTION
What is law?
According to Austin
According to Salmond
According to Hobbes
Black Law Dictio:
Noraziah Awal (2002): To define law is
like a blind man describing an elephant
which never been seen or heardto many
perceptions based on different
understanding.

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 John Austin's definition: Law is a
command issued from a Sovereign
power to an inferior and enforced by
coercion.
Sir John Salmond's definition: Law
is the body of principles recognised
and applied by the State in the
administration of justice.

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 INTRODUCTION
Historical
Development of legal
system in Malaysia

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 INTRODUCTION
The law before reception of English Law:
5000 years ago people came to Malays
Peninsular.
1st group: from south or west china now
known as negrito.
Then came group of australia melabesoi
wc now its descendants called senoi.
Then came proto malay wc are now in
South malay Peninsular.

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 INTRODUCTION
They came with their own culture and adat
resam.
Before english came, the system were
known as aborigine system.
Negrito: Led by leader wc were also a
medicine man or tok dukun. Use to
migrate from one place to another.
Offence always comitted: stealing sumpit,
killings and cheating. Penalty: fine

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 INTRODUCTION
Senoi: more manageble tribe. Led by
penghulu. Full power in civil and
criminal except killings.(adjudged by
penghulu and old folks in the tribe).
Made a contract to supply foods and
exchange w other things.
Penghulu has power to manage the
land among the tribe.

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 INTRODUCTION
Melayu Asli: modern and advance tribe.
Led by Batin and assisted by Jinang,
penghulu balai, jukrah dan Panglima. So
many kind of rules and penalty in this
tribe. Fine normally be paid with china
porcelain.
Some trine: killing case, the killer to be
killed (menyelar atau tenggelemkan dlm
air), but some the killer has to pay fine 60
pieces china procelain.
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 INTRODUCTION
The law during Malacca Sultanate:
Administration System: Raja,
bendahara, temenggung and
Laksamana.
A) Hukum Kanun Melaka: 44 articles,
18 were Islamic Law. Originated
from Hindu Law with the mixture of
Islamic Law.
B) Malacca Maritime Law: 25 articles.

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 INTRODUCTION
Adminstration by Portuguese:
Occupied Melaka in 1511 and the
admin system led by Gabenor of
captain, then Majlis, then ovidor
(hakim besar), viador (datuk
bandar), padri besar, commandr in
chief and sergeant mayor.

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 INTRODUCTION
Administration by Dutch:
Governor then council, justice council and
special council for religion. Council then
were divided to revenue collector, chief
finance, mayor, trade chief and secretary.
1720, so many error being made by
administrator in malacca, so a large
number of books being sent to malacca as
a guide for administration.

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 INTRODUCTION
Admin by English:
The law in Straits Settlements Penang
Melaka and Singapore.
Fatimah v. Logan (1871): in 1786, penang
were just a little tiny deserted island, no
people except a little number of fishermen
with no definite institution.
Palangee v. Tye Ang (1801 1884): no
local or civil rules enforced in Penang
except 1794 rules and judges had a
discretion to apply english law.

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 INTRODUCTION
Kamoo v. Basset (1808): its not just
english criminal being extended to
Penang through 1807 Charter but
also the civil injury being decided
according to english law.
Rodyk v. Williamson and In the
Goods of Abdullah.
Melaka dam singapore with the
coming of Raffles.

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 INTRODUCTION
The english law in federated malay
states (perak, selangor,negeri
Sembilan and pahand) and non
federated malay states (kedah,
kelantan, trengganu and perlis).
Johor being declared by english as
merdeka in 1914 and received one
advisor after that.

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 INTRODUCTION
Administration of english in Sabah
and sarawak:

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 RECEPTION OF ENGLISH LAW:
SECTION 3&5 OF CIVIL LAW ACT 1956
Mokhtar v. Arumugam (1957)
Ong Guan Hua v. Chong (1963)

Permodalan Plantations SB v.
Rachutta SB (1985), Supreme Ct:
legal set off which is based on
statute is not included in the
expression the common law of
england

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