Malaysian Law/Principles/Sources

Unwritten sources edit

English law edit

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 edit

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

Customary law edit

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