The Law Guide: Malaysia

The legal system of Malaysia is a unique blend of various legal traditions, including common law, Islamic law (Shariah), and customary law. The system is based on the Federal Constitution of Malaysia, which is the supreme law of the land and the common law system inherited from the British colonial era which forms the foundation of Malaysia's legal system. It is applied in civil and criminal matters, as well as in matters of contract, tort, and property law. Malaysian courts often refer to English common law principles and precedents in their judgments. Islamic law, known as Shariah law, is applicable to Muslims in matters such as family law, inheritance, and personal conduct.

Shariah courts have jurisdiction over these matters, operating parallel to the civil court system. Shariah law is derived from Islamic teachings and is administered by state-level Shariah courts. Customary laws of indigenous communities, known as adat, are also recognised, and applied in certain areas of Malaysia. These customary laws vary among different ethnic groups and can be applied in matters such as land rights and inheritance.

The Malaysian legal system has a hierarchical structure of courts, with the Federal Court being the highest court in the country. The Federal Court hears appeals from the Court of Appeal and the High Courts. There are also specialized courts, including the Syariah Court for Islamic law matters and the Native Courts for matters related to indigenous customs.