Friday, January 30, 2009


Law is influence most imbibed in our life, drawn into nearly all matters we are doing. Almost every law time matching in we life and treatment without we realize. For example, almost unaffected most people by criminal law because they was not involved in behavior that, in fact criminal behavior not become part of normal life.

Nowadays, most this laws the country coming of written sources. Written law source mean law approved by legislative body whether at state level or at federal level. Most of legislation or institute is approved by a Malaysian Parliament and Dewan state's law. Nevertheless, has been lots old law still worn and effective until today. Even inside complexity understand that legislation legislation origins were the result from difference of background states history in Malaysia.

Written law enacted in parliament or state legislative assembly usually behaves general. As such that interpretation and usage of laws are made through court cases. After interpretation on meaning supply something written law was done by that court then decision would bind those cases would be decided until which decision binding that annulled by other decision. Judicial decision which found of those cases decided will form a law atonal like those resides in law journal namely Malayan Law Journal (MLJ).

Unwritten law also constitutes law decision English, court cases and custom. It said to be unwritten law because it are not through legislative process whether in parliament or in state legislative assembly. Unwritten law also referred to custom practiced by local. Custom is rule practiced by one race. Custom was one rule followed and exalted and complied society which practiced its from immemorial. Any custom collision will be imposed sentence based on that society system.

In Peninsular Malaysia, found two custom system practice people there namely matrilineal law and partriachal law. Partriachal law founded to system patriacal and practice in most state in peninsular except state which practiced matrilineal law. Matrilineal law practise in Negeri Sembilan is his vicinity. It originates from Minangkabau. It is a sitem custom base on matriakal. Matrilineal law having complete society system portrayed in rule a system traditional.

Although both this custom (temenggung and pepatih) still get place this country in society however both that custom is was adapted by law Islamic. Law Islamic administered by states where sultan domestic on religious head Islamic domestic on. Of devoid state Sultan then Yang di-Pertuan Agong is religious head Islamic of that state. In connection with that every state have power to outline how to administer case which related Islamic law such as wedding, divorce, child custody right etc. Every state have rather jurisdiction to punish believer Islamic who did offence such as gambling, booze etc.

In Sabah Sarawak customary law system was given high recognition where custom collision could be tried in court native. Of indigenous people two their state believes that any custom collision can bring “sial” not only to parties involved even all villagers will receive effect. Then that collision must remedy through fine payment. Authority to carry action also do not just limited to involved party and family only –eye even any villager entitled to bring that action to face justice to restore collision. This show that customary law system practice behave communal.

According Abdul Monir Yaacob (1989), legislation are referring to law enacted by responsible special body from constitution aspect. Legislation main function is to legislate, shifts or cancel laws as affect to legislative body desire. Legislation is last agency where progressive system law adjusted for community interests. Legislative power in Malaysia has been set through Term 44, Malaysia Federal Constitution.

“Pengubalan law” in legislation form undertaken by Parliament. Malaysia of federal and State Legislative Assembly of state level. Federation's legislative body and State is not highest (supreme). Both this body enacts laws in border that is fixed by Malaysia Federal Constitution and State State's Constitution. Legislation matters bisected between both this bodies. Malaysian parliament legislate which include in I's list, Jadual Kesembilan. While it’s list from same schedule is right of the state government. III's list also is Senarai Bersama of both organizations.

Law may be classified in various methods. Either his method is by divide its to wide treble portion namely Civil Law(Public Law), International Law(International Law)And Private Law (Private law).

Public law basically controls relationship between individuals with Negara. This Undang Undang could be divided into two category namely Pelambagaan's law (Constitutional Law)and Undang-Undang crime(Criminal Law). Law Constitution prescribe right of the individual in Negara. It handle issue , problem such as Parliament and people's rights height or citizen and Law crime also arrange various offences committed by individuals on Negara. His purpose is to punish criminal and beat crime. Then criminal law stress individual on obligation so that do not commit any crime.

International Law also can be defined as a body of law enacted most principles and rules Negara party as if must careful or beware, any scrutinized by general in their relationship between one same other. This international law is categorized into public international law and private international law.

Private law also associated with things that affect rights and individual responsibility among them. This law aims to provide compensation to people injured, to enable property take or confiscated of offenders and to enable obligation (contract and trust).

Law create in one country such as in Malaysia was aims to achieve in society justice. Justice is abstract idea on right and wrong, justice and equality. Then purpose something the law was to encourage member of the community do something which good and sporting in any certain condition.

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