Definition Of Customary Law In Malaysia
Customary law in Malaysia is a set of rules and regulations that have been traditionally accepted by the Malaysian society since ancient times. According to the Federal Constitution, customary law is defined as the usage, practice and customs of a particular ethnic group which have been accepted by that group as binding and which form part of the culture of that group. The recognition of customary law in Malaysia has been based on the principle of mutual respect and tolerance between different cultures and traditions.
Customary law in Malaysia is largely based on Islamic law. The Islamic law or Shari’ah is the divine law that guides the lives of Muslims. It is derived from the Qur’an and the Hadith (the sayings of Prophet Muhammad). The Islamic law governs all aspects of life such as marriage, property and inheritance rights, criminal offences, civil matters, financial and contractual obligations, and even religious duties. In Malaysia, the Islamic law is applied to all Muslims and its application is mainly in the state of Kelantan and Terengganu.
In addition to Islamic law, customary law in Malaysia is also based on customary laws of its various indigenous communities. These customary laws are mainly derived from the customs, traditions and cultures of the various ethnic groups in the country. For example, the customary law of the Orang Asli (indigenous people of Malaysia) is based on their traditional beliefs, customs, languages and rituals. The customary law of the Kadazan-Dusun people from Sabah is based on their traditional beliefs, customs and languages. In Sarawak, the customary law of the various ethnic groups such as the Iban, Bidayuh and Melanau are based on their respective traditions and customs.
Customary law in Malaysia is also based on the common law. The common law is derived from the body of English law that is applicable in Malaysia. This includes the laws of contract, tort, property, criminal, trusts and estates. The common law is based on the principles of justice, equity and good conscience and is applied to all citizens of Malaysia regardless of their religion or ethnicity.
Customary law in Malaysia is also based on statutory law. This includes the laws that are enacted by the federal and state governments. The statutory law in Malaysia is mostly based on the English law and also includes the laws that are enacted by the Malaysian Parliament. Examples of statutory law in Malaysia are the Penal Code, the Criminal Procedure Code, the Civil Procedure Code, the Companies Act and the Employment Act.
Customary law in Malaysia is also based on international law. This includes the various international conventions, treaties and agreements that Malaysia has entered into with other countries. These include the United Nations Convention on the Law of the Sea, the International Court of Justice, the International Labour Organization and the World Trade Organization.
The recognition of customary law in Malaysia is important in order to maintain the culture and traditions of the various ethnic groups in the country. It is also important to ensure the protection of the rights and interests of the citizens of Malaysia regardless of their religion or ethnicity. It is also important to ensure that the laws of Malaysia are in line with international standards and conventions.
Customary law in Malaysia is a complex system of laws and regulations that have been accepted by the Malaysian society since ancient times. It is based on the Islamic law, the customary laws of the various indigenous communities, the common law and the statutory law. It is important to ensure the protection of the rights and interests of the citizens of Malaysia regardless of their religion or ethnicity and to ensure that the laws of Malaysia are in line with international standards and conventions.
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