the sources of law

the sources of law divided into 6 categories.....


1. Relion
2. Custom
3. convention
4. constitution
5. Statutes
6. common law

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Sources of malaysian legal system....

divided into 2 parts as..

unwritten sources are....

1. customary law
2. islamic law
3. English common law
4. judicial decision

written law are....

1. constitution
2. legislation
3. subsidiary ligeslation



Islamic law

Shariah ....... Courts [Art. 121(1A)]


English common law


rules of equity are applicable to Malaysia through the operation of......... section 3(1) of the Civil Law Act 1956

suited to the local circumstances will be applied to Malaysia.


Constitution – Federal & States

Federal Constitution .....supreme source.....extent of the inconsistency be void.” (Article 4).


Doctrine of Stare Decisis

known as doctrine of binding judicial precedent.
other judges before them in dealing with cases with similar facts.

Horizontally: a judge is bound by decisions of earlier judges of similar/coordinate level.
Vertically: a judge is bound by decisions of judges made at superior courts.