close
test_template

The Federal Law of Malaysia

download print

About this sample

About this sample

close

Words: 565 |

Page: 1|

3 min read

Published: Aug 14, 2018

Words: 565|Page: 1|3 min read

Published: Aug 14, 2018

The federal law of Malaysia is the Federal Constitution. The Federal Constitution divides the law making authority of the Federation into its judicial authority, legislative authority and executive authority. Both in federal and state levels the seperation of power occur. The Federal government has executive power over all matters on which Parliament can make laws. The States have executive power over all the matters on which the Legislative Assemblies can make laws. In the state of Malaysia, a federal law, the Muslim courts( Criminal Jurisdiction Act 1965) conferred jurisdiction upon courts constituted under any state law, for the purposes of dealing with offences which is under Muslim law.

'Why Violent Video Games Shouldn't Be Banned'?

Moreover, under item 1 of the State List power to make law for the creation and punishment of offences by person professing the religion of Islam against percepts of that religion, except in regard to matters included in the Federal List are given to state legislatures. Abdul Hamid Mohammad FCJ pointed out in the case of Latifah v Rosmawati that, whereas the Federal Parliament under the Article 74 of the Federal Constitution has extensive powers over matters listed in Federal List (which includes external affairs, defence, internal security and marriage and divorce), it does not have the power to legislate in the following areas, in relation to civil and criminal law and procedure and the administration of justice, in respect of the constitution and organization of the syariah courts, in respect of Islamic personal law relating to marriages, divorce, guardianship, maintenance, adoption, legitimacy.

Due to that marriage and divorce law of non muslim is a matter within jurisdiction of parliament to make, while marriage and divorce of muslims is a matter within the jurisdiction of the legislature of a state to make. There should not be any situation where both courts have jurisdiction over the same matter or issue if the laws are made by the parliament and the state legislature in strict compliance with the Federal List and Sate List. Even though Abdul Hamid Mohamad FCJ did not list the state law which have encroached on the Federal legislative domain, one area in which such violation is abundantly clear is in the area of criminal law. Criminal law is totally a federal matter under the Federal Constitution.

Get a custom paper now from our expert writers.

However, pursuant to schedule 9, List 2, Item 1state assemblies are empowered to create and punish offences against the precepts of Islam, except as regards matters included in the Federal List. The Federal Court has made clear there are two constitutional qualifications to the exercise to this power : where an offence is already in existence in the Federal Penal Code, for example, a state assembly cannot create a similar offence, for to do so would offend against the exception in Item 1 that no further state legislation is allowable where maters are already included in the Federal List. In addition, as stated by Professor Shad Saleem Faruqi, ‘Murder, theft, robbery, rape, incest and homosexuality are all offences in Islamic law but are clearly in federal hands due to Schedule 9, List I, Item 4(h) and the Federal Penal Code. Murder is covered by sections 300, 302 and 307 of the Penal Code. Theft is dealt with by sections 378 – 382A; robbery by sections 390 to 402; and rape in section 375 – 376. Incest and homosexuality can be covered by sections 377A

Image of Dr. Oliver Johnson
This essay was reviewed by
Dr. Oliver Johnson

Cite this Essay

The Federal Law of Malaysia. (2018, August 02). GradesFixer. Retrieved July 17, 2024, from https://gradesfixer.com/free-essay-examples/the-federal-law-of-malaysia/
“The Federal Law of Malaysia.” GradesFixer, 02 Aug. 2018, gradesfixer.com/free-essay-examples/the-federal-law-of-malaysia/
The Federal Law of Malaysia. [online]. Available at: <https://gradesfixer.com/free-essay-examples/the-federal-law-of-malaysia/> [Accessed 17 Jul. 2024].
The Federal Law of Malaysia [Internet]. GradesFixer. 2018 Aug 02 [cited 2024 Jul 17]. Available from: https://gradesfixer.com/free-essay-examples/the-federal-law-of-malaysia/
copy
Keep in mind: This sample was shared by another student.
  • 450+ experts on 30 subjects ready to help
  • Custom essay delivered in as few as 3 hours
Write my essay

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

close

Where do you want us to send this sample?

    By clicking “Continue”, you agree to our terms of service and privacy policy.

    close

    Be careful. This essay is not unique

    This essay was donated by a student and is likely to have been used and submitted before

    Download this Sample

    Free samples may contain mistakes and not unique parts

    close

    Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.

    close

    Thanks!

    Please check your inbox.

    We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together!

    clock-banner-side

    Get Your
    Personalized Essay in 3 Hours or Less!

    exit-popup-close
    We can help you get a better grade and deliver your task on time!
    • Instructions Followed To The Letter
    • Deadlines Met At Every Stage
    • Unique And Plagiarism Free
    Order your paper now