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The High Court may hear appeals from the Magistrates and Session Courts in both civil and criminal matters. Amount in dispute in any civil matters must exceed ARM 10, 000 except where it involves a question of law While the session Court may CIVIL JURISDICTION A session court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant and distress actions. The session court may also hear other matters where the amount in dispute does not exceed Arm 1,000,000 A session court has Jurisdiction to try all criminal offences except those punishable by death . 2. 1. 3 Customary Law Customs are another important source of unwritten law. Every race has its own customs.
Hindu and Chinese customary law applied to the Hindus and Chinese especially. Besides that, natives in Saba and Karakas have their own customary law which relates to the land and family matters. In Malaysia, there are two types of Dada which is the Dada Perpetrate and Dada Attempting. Dada Perpetrate is practiced among the Malay in Niger Assemblies and Nanning in Malice. It uses the matrilineal system which belongs to mother’s lineage, meaning to say it involves the inheritance of property, names or titles from mother to daughters. It also concerns with matters such as land tenure, lineage, inheritance and election of members of lumbago and Yang did-Perpetuate Babes.
As for Dada Attempting, it is practiced in other states and it uses the patrimonial system which belongs to father’s lineage. Dada perpetrate Dada attempting Nature Matriarchal/Patriarchal In custom Preparer women have positions in society The women have the right to inherit property and priority in Paternity of offspring also measured through quarterly principal The daughter of the foundation in the existence of the tribe. The / different custom Attempting men have a position in the family Sons have the right to inheritance Chronology calculated from the male lineage. Men also serves as head of the family. Administration Preparer custom is democratic: Power is divided from the lowest hierarchy – Peru, Buyback, Lumbago Dan Unhand.
Selection is done with the consent of the head of the head that are in each stage Peru will choose Buyback, Buyback Choose the Lumbago, Lumbago Choose Unhand and Unhand chose Yang Did perpetuate Babes Instead Custom Attempting nature of autocracy (absolute power): strengthen the power of the sultan’s prerogative, for example: color Administration headed by a king / sultan and supported by glass. Sultan appoints speaker Magnifying the bottom is the village chief Sultan serves as a symbol of unity between the people and the head of state sultan’s son is the heir to the throne had no sons, the younger brother will inherit the throne of the sultan Legislation In Customary criminal law Preparer more of a recovery to increase awareness situation.
The equal compensated will be given according the cases, damages will be charged according to the level of such an injured will be paid with chicken or lamb Theft victims will be able to recover the replacement bags and killer will bear the family life of the victim. May the Great or Law can only condemn murder Yang Departure Babes or Unhand can only condemn murder The Attempting custom nature of vengeance and tougher laws punishment for murder is death response, stealing hands cutoff. Only the king / sultan to be sentenced to death. Division Of Property In Preparer Custom Family-owned Property: Distribution of the estate inherited from mother to daughter on which the existence of the tribe. Hereditary estate belongs to the tribe. Search property: property acquired by spouses during the partnership.
If there is a divorce property will divided by two. Real result: harmonious property is in the wife before marriage. If there is a divorce, the property remains in the hands of wife. Real temperament: property owned by the husband before the marriage, the wife cannot claim his property The custom Attempting individual Possessions: Based on Islamic law and give Justice to all parties. Sons are entitled to inherit the estate of rate 2/3 compared to girls because based on responsibility tad larger family. Daughter is entitled to inherit the estate off fraction of 1/3 part. In conclusion, Preparer custom and custom Attempting obviously have differences.
However, both the common law have the same meaning which is to protect the community, live in compliance with the rules, discipline, respect one another, observe the customs. Both the common law is still practiced to this day. After the arrival of the British, there is a change in the customary practices of local communities. 2. 2 Written Law Written law refers to the laws contained in the Constitution and the State and in the code or statute. Written law as influenced by English law as the legal system of Malaysia retains much of its British legal system. The “Written law” includes the Federal Constitution and State laws and subsidiary legislation 2. 2. The Federal and State Constitution Malaysia is a federation of 13 states with a Federal Constitution and 13 State Constitution. The Federation Constitution is the supreme law of the country. The Federal Constitution also provides for the mining did-Perpetuate Agony” who owes his position to the Constitution and act accordance with it. The Constitution can only be changed by a two-thirds majority of the total number of members of the legislature. The Federal Constitution comprises many Articles concerning the religion of the iteration and many other related subjects. Besides the Federal Constitution, there is a state constitution where each state has their own constitution regulating the government of that state. 2. 2. Legislation Legislations refers to the laws that are established by the Parliaments at federal level and by the State Legislative Assemblies at the state level. The Parliament and State Legislatures are not supreme and so they have to enact laws subject to the provisions states that parliament may make law with referring to matters provided in the List I f the Ninth Schedule while the state legislative may make law with referring to matter provided in List II. As for matters on List Ill which is the Concurrent list, are in the authority of both parliament and state legislative. Matters that are not in the lists are within the authority of the States. 2. 2. 3 Subsidiary Legislations/ Executive Subsidiary Legislations are made by the people or bodies who are authorized by the legislatures.
The Interpretation Act 1967 defines subsidiary legislation as rules, regulations, by laws, order, notifications made under legislations. The Legislatures provide basic law, so subsidiary legislation is very important is insufficient to govern day-to-day matters. That is why the authority is delegated to delegate their legislative powers. In Article 150 of Federal Constitution, Parliament can pass the power to legislate any subsidiary legislation during emergency, even if there are any contradictions with the Federal Constitutions involved. The people or bodies who are authorized by the legislatures are the Yang did-Perpetuate Agony who is the nominal head of the executive and the Prime Minister and cabinet is the real executive.
The Cabinet is answerable to the Yang did-Perpetuate Agony as the nominal head of the executive in the country. However, according to the democratic ruling system, the Chief Executive is the Prime Minister. This does not mean that the Yang did-Perpetuate Agony is unable to voice any opinion, but rather that he must act on government advice, whatever his personal view might be. The Yang did-Perpetuate Agony appoints a Cabinet to advise him on country’s matter. The Cabinet consists of the Prime Minister and a number of Ministers who must all be members of Parliament. Besides that, the Government has set up various agencies to ensure the smooth enforcement of the law. It comprised of three main components, namely ministries, departments and statutory bodies. 2. Islamic Law Last but not least, Islamic law is also a major source of Malaysian law which is enacted under the Federal Constitution. It is only applicable to Muslims and is administered by a separate court system, the Assyria Courts. The State legislature has authority over the constitution, organization and procedure of the Assyria Courts and is also allowed to make Islamic laws pertaining to persons professing the religion f Islam. The main function for Assyria court section is to provides advice and legal review of matters related to the implementation,enforcement and legislation at the Federal Shari referred to by the Government and the agencies under it.
Among the issues that is often referred to Section Assyria is the issue of conflict of Jurisdiction between the civil courts and the Assyria court as the issue of conversion and conversion to Islam by one spouse to marry non-Muslims and issues relating to the interpretation of the Constitution of the Islamic religion , gender equality , human sights , the enforcement of Assyria law , the implementation of Islamic family law, the development of the Judicial system as well as the Assyria Mulatto, banking and finance. Assyria court section also serves to review the provisions of Federal law to ensure it is in line with Assyria. If there is a provision of federal law that conflict with consistent with Assyria. Else than that the Assyria Section is also responsible to organize community meetings to discuss Assyria Islamic issues that arise from time to time in the enforcement and the drafting of Assyria law.