Malaysian Law/Principles/Sources

Unwritten sources

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English law

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Application of English law through section 3 of Civil Law Act 1956.

  • Commonwealth of Australia v Midford (Malaysia) Sdn Bhd & Anor
Court held that the development of common law after 1956 may well be applicable in Malaysia.

Application of English commercial law through section 5 of Civil Law Act 1956.

Judicial decisions

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Doctrine of binding judicial precedent. Decisions of higher courts bind lower courts. Some courts are bound by their own decisions.

Customary law

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Malay customary law

Adat perpatih
Prevalent among Malays in Negeri Sembilan
Matrilineal system
Adat temenggong
Patrilineal system

Chinese customary law

Hindu customary law

Native customary laws