The Constitution of Malaysia

Malaysia is known for its richness of multi cultural and multi-racial country which is spread amongst Peninsular Malaysia, Sabah and Sarawak. Despite organism nonpareil big political unit, it has variant set of towers and uprightness to comply with. Malaysia natural efficaciousity can be categorize into various root words, mainly be scripted faithfulness, unwritten righteousness and Moslem impartiality. Written law comprises The federal formalised Constitution which is the supreme law of the institute and State Constitution, a range of constitutions regulating the g overnments of thirteen states in Malaysia.Second written law is the Legislation law which is endorsed by Parliament and Legislative Assemblies at the federal and state level respectively. Final opening of written law is the Subsidiary legislation as states in the Interpretation constitute some(prenominal) proclamation, rule, regulation, order, notification, by-law or other instrument make under any Ord inance, passageway or other lawful authority and having legislative effect. Malaysia has huge amount of subsidiary legislation.Subsidiary legislation is referred to law make through powers delegated by the legislature mainly Ministers and local authorities. Only Subsidiary legislation made in a proclamation of emergency under Article cl of the national Constitution is accepted , other breaching of either a rear Act or the Constitution is voided. Unwritten law under the Malayan law is the law which is not written or found in Federal and State Constitutions. It is as healthy as not endorsed by the Parliament or the State Assemblies.Unwritten law comprises of legal decisions of the superior courts Principles of English honor and impost law. Judicial decisions using the systematical method called doctrine of seizeing judicial antecedent at the High Court, Court of Appeal and the Federal Court followed by Supreme Court can still be found in Malaysian law. Nevertheless the dec isions made by Federal Court and Judicial Committee of the Privy Council atomic number 18 still binding on the pitch court. Binding or persuasive is a process of adjudication, this is after argumentation and before the judge reaches the conclusion.The judge will formulate and hold a legal principle in accor move with certain rules to form a guide for future. The judge will provide reason for reaching a decision or the legal principles behind the decision this whitethorn bind other similar disputes in future. Binding precedents depends on the courts position in the hierarchy of the courts. These ar binding until they are converse or overruled, where else persuasive precedents are those which are not binding authorities. another(prenominal) important unwritten law is the Principles of English Law.It consists of Common Law and Equity. The common Law is the body of rules developed by the old common law courts of England which no longer exist. It is established on customs common e nd-to-end England. On the other hand, Equity is the body of incomplete rules developed as a supplement to Common Law to correct defects and to reduce the harshness. counterbalance though English Law forms part of the Malaysian law, the facts and rules stated are lonesome(prenominal) part of the entire law of English common law and rules of Equity.Principles of English Common Law and rules of Equity received and utilize in Malaysia Legal System is by virtue of the Civil Law Act 1956 (Revised01972) . Under Section 3(1) of the Civil Law Act, 1995 states that in Peninsular Malaysia, the courts shall apply the common law of England and the rules of equity as administrated in England on seventh April, 1956. As for Sabah and Sarawak, the courts shall apply the common law of England and the rules of equity, together with statutes of general application, as administrated or in force in England on 1st declination 1951 and 12 December 1949 respectively.Application of common law of England is subjected to both(prenominal) limitations firstly topical anesthetic law takes priority over common law. Common Law is applied only in the absence of local statues. It is only meant to fill up gaps in the legal system in Malaysia. Secondly, part of common law which suits the local circumstances is applied. Common Law was initially introduced to the Straits Settlements through Royal Charters of adeptice which was past extended to the Malay states through administrative arrangements. Finally the third unwritten law of Malaysian law is the conventional law.Malaysia is known as a multi-religious country, the multiracial local population of Malaysia is also a source of law which has been accepted by the Malaysian courts. for the closely part family law limits, namely marriage, divorce and inheritance are condition legal force by the courts of Malaysia. In peninsular Malaysia, Adat applies to Malays, there are two main diversities of Malay universal, the adat pepatih and adat temenggong. Adat pepatih is mainly known for the matrilineal system where else the adat temenggong is a patrilineal system of law.As for the Hindi and Chinese, prior to the enforcement of the Law Reform Hindu and Chinese customary law is applied to Hindu and Chinese respectively. The Law Reform includes abolishing polygamous marriages, since then, Chinese and Hindu customs halt release minimal to almost no effect as a source of law in Malaysia. In Sabah and Sarawak, inherent customary laws apply in land dealing over native customary lands and family matters where natives subject themselves to native customary laws. Other indigenous people of Malaysia isolated from Sabah and Sarawak are the aborigines.There is an old customary law for the aboriginal people under the law of Malaysia. In contrast to the source of law discussed previously, Muslim law or Moslem law continues to grow in importance as another source of law just like the written and unwritten law as part of Malaysian law. Government policies of absorbing Moslem values in administration by introducing Moslem banking and Islamic insurance where Muslim law and Islamic principles are applicable is part of the renaissance of Islam in Malaysia. likewise the Federal Constitution has provided that State has the power to administer Muslim Law. The head of the Muslim religion in State is the Sultan. Muslim law is applied only to Muslims and the courts which enforce Muslim law are the Syariah Courts. Malaysian Islamic law is of the Shafii school jurisprudence, as modified by Malay adat, which was discussed under customary law, Malay adat law. This Islamic law falls into two main categories the capital and secondary sources. Primary sources are Quran which is the Word of Allah and Sunnah is rules deducted from the traditions.The secondary sources are more to the means of discovering the law rather than source. These sources are Ijma which is consensus of jurists of any feature era on a juridical rule and Qiyas which are the deductions from abstract thought by ijtihad or analogy. Initially Islamic law was not include in the definition of law this was even after the independence of the union of Malaya. Federal Constitution was declared as the supreme law . forwards amendment in 1988, Article 121 Clause (1A) Syariah courts were excluded. as yet, upon recommendation from Alliance Party, a supply was added to the original draft of Reid Constitution Commission where Article 3 of Federal Constitution declares that Islam is the religion of the Federation. Article 3 appeared with necessary readiness that other religions may be practiced in peace and congruity in any part of the Federation. However there are clauses to en certainly non-Muslims civil rights are also not affected. At any official functions, Islamic way of prayers is being offered.Islam being the official religion of the federation has two main consequences, firstly, the government (federal or state) may lawfully esta blish or maintain, or assist in establishing or maintaining, Islamic institution, or provide or assist in providing charge in Islam, and incur the necessary expenditure for these purpose. Secondly, through annual fork over Acts and Enactments, may spend money on the administration of Islamic law. Also in some of the cases for marriages where a non-Muslim is involved, Islamic law takes precedence over the common law.The religion of a child from previous marriage is ascertain by the parents of the child , in the case of where the consent is not given the minor will remain in the religion of the parent at the time of marriage . Furthermore polygamy marriages are allowed with judicial permission aquiline upon application and court hearing should be with the existence of wife or wives. Judicial permission is requested only upon permission granted for marriages by the existing wife or wives. As Muslim Law is one of the main sources of law in the county, Malaysia became a member of Org anisation of the Islamic Conference (OIC) when it was established in 1969.OIC is a major organization of Islamic States that voices and coherent Muslim opinion on issues which are affecting the Islamic States. Other associations where Malaysia is involved will be ASEAN where Malaysia was one of the first phoebe bird countries to establish ASEAN in 1967. It was established to work together amongst the members of the association to quickening the stinting growth, social progress as well as cultural development jointly to strengthen and prosperous with peaceful in amongst selenium Asian Nations.Also to support regional peace and stability for justice and the rule of law in relationship amongst the members countries, making sure it adhere to the principles of United Nations Charter. ASEAN also provides assistance amongst the members in form of knowledge and research facilities in the educational, professional, technical and administrative spheres. Other Malaysian appointment in ref erence to Asia-Pacific concerning economic growth is APEC which aims to support sustainable economic growth and prosperity in the Asia-Pacific region. This is done by quintuple contrary encouragement and enhancements.Apart from regional involvement, Malaysia does have collaboration with particular country which may not be part of ASEAN or APEC to jointly enhance for the benefits of both countries. Malaysia has jointly signed treaty to work together in multiple areas with many other countries. Malaysia has been involved in relationship with countries like chinaware and India since before independence was declared in 1957. coin bank today Malaysia has been maintaining the well established relationship especially with these two countries by getting into agreement in multiple collaborations.Chinese is the second largest race in Malaysia followed by Indian since they were brought in by the British Empire before independence. Chinese migrated to Malaysia immensely as coolies in tin m ining industry and rubber plantation. Although it is express that Chinese have been in Malaya since Malacca Empire in fifteenth Century . Today, 25% of the country populations are Chinese which are made up of various dialect groups such as the Hokkien, the Hakka, the Cantonese, the Teochew, the Hainanese, the Hokchiu and etc. who have intermarried extensively with each other.The Chinese have dedicated media and publication moving-picture show for example quotidian newspapers, dedicated Chinese wording radio post and daily circularize from all terrestrial television stations . Till date Chinese communities still perform traditional art, the lion dance and the dragon dance mainly during Chinese current yr. Chinese New Year is declared as a national public holiday where there Chinese celebrate the New Year by fulfilling most of the tradition and cultural activities. However the fireworks or firecrackers are part of the Chinese culture which has been ban in Malaysia due to safe ty reason .For the Chinese, apart from the myth that says firecrackers are to frighten away the Nian, it also signifies a triumphal time of year which is an important element of Chinese New Year rejoicings . On the other hand, the Indians started migration to Malaysia for the purpose of plantation labour, traders, policemen and colonial soldiers. Some communicative Indians were also brought to work in the British colonial government . However just like the Chinese, it is said that the Indians have been here from more then 500 years ago.Initially the Arabs and the Indians mainly the Indian Muslims from Gujerat came to Malaya as traders and merchants. Now the Indian population in Malaysia is 8% which is made up from Tamil, Malayalam, Telegu, Punjabi, Bengali, Gujerati and etc. Just like the Chinese, Indians also have dedicated media and publication exposure of daily newspapers, dedicated Indian language radio stations and daily broadcast from all terrestrial television stations. Th is is mainly in Tamil language as 80% of the Indian communities are the Tamils (South Indians) .Diwali aka Deepavali is the most significant celebration of Indian community where national holiday is acknowledged for. Fireworks during Diwali are to marque several significant , however in respect to the law it is not legally practiced in this country. Another tradition not being legally practice is gambling under Act 495 Betting personation 1953. Among other tradition obstructed by the Malaysian law is the architecture of a Sikh Gurdwara should not have a dome to parry the Muslims to mistaken that for a mosque .