Sources of Malaysian law Q2

Q.
With relevant examples, describe the various sources of Malaysian law.

(20 marks, 2019 Q2)

A.

The question specifically asked for examples. Therefore, for the different sources of law, give an example each.

For:

1. Legislation - example is Valuers, Appraisers, Estate Agents and Property Managers Act, 1981.

2. Subsidiary Legislation - example is Valuers, Appraisers, Estate Agents and Property Managers Regulation, 1986.

3. Ordinances/State Legislation - example is Local Authorities Ordinance 1996 (Sarawak) and Local Government Ordinance 1961 (Sabah).

4. Constitution - example is The Federal Constitution and State Constitution.

5. Adat Istiadat - Adat Temenggung and Adat Perpatih (Negri Sembilan); for East Malaysia - the respective Native Customary Laws, especially dealing with Land Matters like native customs of pemakai menoa (territorial domain) and pulau galau (communal forest reserve).

6. Islamic law - The Syariah.

Refer earlier posts below:

Ref:
Earlier posts.
The Star Newspaper 12 Jul, 2018 reporting on "Amendments to enhance recognition of native customary rights to land" available at
https://www.thestar.com.my/metro/metro-news/2018/07/12/amendments-to-enhance-recognition--of-native-customary-rights-to-land

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