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 alia, 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
ABOUT THE EDITORS
Ashgar Ali Ali Mohamed (Dato’ Sri Dr) is a Professor at Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He graduated with Bachelor of Laws (LLB (Hons)) and Master of Comparative Laws (MCL) from IIUM, Master of Laws (LLM (Hons)) from the University of Auckland, New Zealand and Doctor of Philosophy (PhD) from the Graduate School of Management, University Putra Malaysia. He was admitted to the Malaysian Bar as an advocate and solicitor by the High Court of Malaya in 1992. His area of interest includes Employment Law, Civil Litigation and Alternative Dispute Resolution. He has authored several books on the above subjects and published numerous articles both in local and international journals/reports and further, presented papers on the abovementioned areas at various international and local conferences.
Muhamad Hassan Ahmad (Dr) is an Assistant Professor at Civil Law Department, Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He had been the “External Examiner” for “Master of Laws (LLM) (International Business and Trade Law)” programme from 2018 to 2022 at the Taylor’s Law School, Taylor’s University, which currently ranks as the Top 1 Private University in Southeast Asia in the QS World University Rankings. He also served as the “Adjunct Lecturer” for “Master of Laws (LLM) (International Law)” programme at the Faculty of Shariah and Law, Universiti Islam Sultan Sharif Ali (UNISSA), Brunei. He was a “Visiting Fellow” at College of Asia & the Pacific, Australian National University (ANU). He graduated with a Bachelor of Laws (LLB), Master of Comparative Laws (MCL), and Doctor of Philosophy (PhD) from IIUM. He has a special research interest in Public International Law, Private International Law, Alternative Dispute Resolution, Comparative Law, Jurisprudence, and Online Legal Education. He is the Editor-in-Chief of the “Journal of Islamic Law Review” indexed in “Index to Foreign Legal Periodicals (IFLP)” produced by the American Association of Law Libraries at the University of California, Berkeley, School of Law, the United States. He published a number of research books, textbooks, and research articles in various academic journals; presented several research papers at numerous academic conferences and symposiums; and talked in many public forums.
