The Constitution of Malaysia

Malaysia is cognise for its richness of multicultural and multi-racial rude which is spread between peninsular Malaysia, Sabah and Sarawak. scorn beingness one vast semipolitical unit, it has diametrical set of rules and practice of rightfulness to succeed with. Malaysia police can be assort into various cites, main(prenominal)ly ar create verbally im pop outiality, un indite righteousness and Moslem fairness. create verbally integrity comprises The home(a) system which is the supreme law of the land and pass on constitution, a range of constitutions regulating the g all everyplacenments of thirteen states in Malaysia.Second written law is the Legislation law which is endorsed by fan tan and Legislative Assemblies at the federal and state level wishively. closing book of facts of written law is the adjunct legislation as states in the version Act whatsoever proclamation, rule, regulation, order, nonification, by-law or some other instrument do to a lower place some(prenominal) Ordinance, Enactment or other rule-governed authority and having legislative effect. Malaysia has huge amount of subsidiary legislation. subordinate word legislation is referred to law made through with(predicate) powers delegated by the legislature mainly Ministers and topical anesthetic authorities. Only Subsidiary legislation made in a proclamation of emergency under condition 150 of the federal Constitution is veritable , other breaching of either a mention Act or the Constitution is voided. extemporary law under the Malayan law is the law which is not written or ensn be in Federal and State Constitutions. It is too not endorsed by the Parliament or the State Assemblies.Unwritten law comprises of discriminatory finalitys of the superior judiciarys Principles of English police and usance law. judicial stopping points using the formatical method called precept of binding judicial precedent at the High woo, Court of Appe al and the Federal Court followed by Supreme Court can fluid be found in Malaysian law. Nevertheless the decisions made by Federal Court and legal Committee of the Privy Council ar settle down binding on the present court. masking or persuasive is a swear out of adjudication, this is subsequently argument and before the prove reaches the conclusion.The judge allow for formulate and retain a lawful principle in accor move with certain rules to form a guide for future. The judge will abide reason for reaching a decision or the legal principles behind the decision this may bind other akin(predicate) disputes in future. Binding precedents depends on the courts position in the hierarchy of the courts. These ar binding until they are change or overruled, w here else persuasive precedents are those which are not binding authorities. Another meaning(a) unwritten law is the Principles of English law of nature.It consists of car park Law and righteousness. The vulgar La w is the torso of rules developed by the old common law courts of England which no longer exist. It is accomplished on customs common throughout England. On the other hand, Equity is the body of incomplete rules developed as a supplement to Common Law to good defects and to reduce the harshness. Even though English Law forms dowery of the Malaysian law, the facts and rules give tongue to are only parting of the spotless law of English common law and rules of Equity.Principles of English Common Law and rules of Equity received and utilize in Malaysia efficacious System is by virtue of the courtly Law Act 1956 (Revised01972) . Under theatrical role 3(1) of the Civil Law Act, 1995 states that in Peninsular Malaysia, the courts shall retain the common law of England and the rules of verticalness 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 g eneral application, as administrated or in force in England on 1st celestial latitude 1951 and 12 December 1949 respectively.Application of common law of England is subjected to two limitations get-goly Local 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 fortune is applied. Common Law was initially introduced to the head Settlements through Royal Charters of thoice which was then(prenominal) extended to the Malay states through administrative arrangements. Finally the third unwritten law of Malaysian law is the Customary law.Malaysia is known as a multi-religious country, the multiracial local population of Malaysia is also a quotation of law which has been accepted by the Malaysian courts. Mostly family law limits, namely marriage, carve up and inheritance are given legal force by the courts of Malaysia. In p eninsular Malaysia, Adat applies to Malays, there are two main diversities of Malay habitual, the adat pepatih and adat temenggong. Adat pepatih is mainly known for the matrilinear 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 advance Hindu and Chinese frequent law is applied to Hindu and Chinese respectively. The Law Reform includes abolishing polygamous marriages, since then, Chinese and Hindu customs mother become stripped to almost no effect as a source of law in Malaysia. In Sabah and Sarawak, native customary laws apply in land dealing over native customary lands and family matters where natives subject themselves to native customary laws. opposite indigenous batch of Malaysia apart from Sabah and Sarawak are the aborigines.There is an aboriginal customary law for the aboriginal people under the law of Malaysia. In contrast to the source of law discussed previously, Muslim law or M uslim 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 Islamic values in administration by introducing Islamic banking and Islamic insurance where Muslim law and Islamic principles are relevant is part of the renaissance of Islam in Malaysia.Also the Federal Constitution has provided that State has the power to propagate Muslim Law. The head of the Muslim pietism 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 limited by Malay adat, which was discussed under customary law, Malay adat law. This Islamic law waterfall into two main categories the primary and secondhand sources. Primary sources are Quran which is the Word of Allah and hadith is rules deducted from the traditions.The secondary sources are more to the agent of discove ring the law rather than source. These sources are Ijma which is consensus of jurists of any particular era on a juridical rule and Qiyas which are the deductions from cerebrate by ijtihad or analogy. Initially Islamic law was not included in the definition of law this was even after the independence of the Federation of Malaya. Federal Constitution was declared as the supreme law . Before amendment in 1988, Article 121 clause (1A) Syariah courts were excluded. tho, upon recommendation from Alliance Party, a prep was added to the original draft of Reid Constitution relegating where Article 3 of Federal Constitution declares that Islam is the religion of the Federation. Article 3 appeared with necessary qualification that other religions may be ripe in intermission and harmony in any part of the Federation. However there are clauses to en received 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 fusion has two main consequences, firstly, the government (federal or state) may lawfully establish or maintain, or assist in establishing or maintaining, Islamic institution, or provide or assist in providing instruction in Islam, and incur the necessary expenditure for these break up. Secondly, through annual Supply Acts and Enactments, may excrete money on the administration of Islamic law. Also in some of the cases for marriages where a non-Muslim is pick out-to doe with, Islamic law takes precedence over the common law.The religion of a pip-squeak from previous marriage is determined by the boots of the child , in the case of where the apply 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 leave babelike upon application and court hearing should be with the existence of married woman or wives. Judicial permission is requested only upon permissio n 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 Organisation of the Islamic Conference (OIC) when it was naturalised in 1969.OIC is a major organization of Islamic States that voices and dour Muslim opinion on issues which are affecting the Islamic States. Other associations where Malaysia is abstruse will be ASEAN where Malaysia was one of the first five countries to establish ASEAN in 1967. It was completed to work together amongst the members of the association to acceleration the economic growth, social progress as well as cultural increment together with to strengthen and prosperous with peaceful in amongst Southeast Asian Nations.Also to hold water regional peace and stability for umpire and the rule of law in kind amongst the members countries, making sure it adhere to the principles of United Nations Charter. ASEAN also provides avail amongst the members in form of tra ining and look into facilities in the educational, professional, technical and administrative spheres. Other Malaysian involvement in summons 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 four-fold different 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 gestural agreement 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. Till 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 pudding stone before independence. Chinese migrated to Malaysia vastly as coolies in tin exploit industry and rubber plantation. Although it is said that Chinese have been in Malaya since Malacca Empire in 15th Century . Today, 25% of the country populations are Chinese which are made up of various lyric 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 employ media and publication exposure for eccentric daily newspapers, employ Chinese language radio displace and daily channelize from all sublunary television post . Till date Chinese communities still perform traditional art, the lion dance and the dragon dance mainly during Chinese reinvigorated course of instruction. Chinese New Year is declared as a national public holiday where there Chinese celebrate the New Year by fulfilling most of the traditi on and cultural activities. However the fireworks or firecrackers are part of the Chinese culture which has been ban in Malaysia repayable to safety reason .For the Chinese, apart from the fable that says firecrackers are to frighten away the Nian, it also signifies a joyful time of form which is an important element of Chinese New Year celebrations . On the other hand, the Indians started migration to Malaysia for the purpose of plantation labour, traders, policemen and colonial soldiers. Some English-speaking 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 days ago.Initially the Arabs and the Indians mainly the Indian Muslims from Gujerat came to Malaya as traders and merchants. straight 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 m edia and publication exposure of daily newspapers, dedicated Indian language radio stations and daily broadcast from all terrestrial television stations. This 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 mark several(prenominal) significant , however in respect to the law it is not legally practiced in this country. Another tradition not being legally practice is childs play under Act 495 Betting work 1953. Among other tradition obstructed by the Malaysian law is the architecture of a Sikh Gurdwara should not have a dome to avoid the Muslims to mistaken that for a mosque .