Civil Law in Malaysia

Updated on Tuesday 16th August 2016

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Civil Law in Malaysia is concerned with various legal matters such as Business Law or Family Law, being based on personal retribution principles, the case where a penalty can consist of the charge of a financial sum in comparison to Criminal Law where the individuals are subject to state prosecution. So the Civil Law is the branch of law which copes with disputes between individuals or organizations in which one of them, considered being the victim, may be awarded a compensation. 

Regarding court proceedings, the examination of evidence in the case of Civil Law is based on proving guilt on a balance of possibilities, whereas in Criminal Law the prosecution has to prove the defendant guilty.

Our Malaysian attorneys can help if you need legal assistance in matters concerning Civil Law in Malaysia.

General aspects on Malaysian laws

The Malaysian Constitution provides a unique legal system, based on both secular laws - criminal/civil and sharia laws. Being divided into two types of laws, written and unwritten, there are cases in which if there is no common law applicable from the Malaysian law, English law will be applied. Moreover, in similar cases, Indian, Singaporean and Australian laws can be used as persuasive authorities.

An important thing must be kept in mind - the fact that only when there is no specific legislation enacted, the English law would be applied. Even though there were several intents in replacing it with Islamic/sharia law, the Malaysian Bar Council decided that there is no need to do so, since Malaysian legal system performs adequately in the present legal conditions. 

Our law firm in Malaysia can offer further details on the matter, whether you are interested in specific legal procedures regarding business issues or any other aspects that involve civilians in trials, proceedings or civil matters.

Malaysian Civil Law 

It is well known that Malaysia was a British colony, but right before obtaining their independence, the Civil Law Act was enacted in 1956, enabling the usage of English rules of equity and common law. As a consequence, if there is no Malaysian case law available for the specific legal issue, English law will be applied. 

There are many controversies on the matter above, given the fact that some of the Malaysian people wish to shift from English common law to Islamic common law. This is because of the overall opinion that England and Malaysia are different societies, with different cultures and beliefs, Islamic common law being capable as well of dealing with legal issues of all types. 

Despite these aspects regarding Malaysian culture and identity, our attorneys in Malaysia will harmonize all legal systems that need to be used in your case, being sure that they will choose the proper way to solve it. 

Please feel free to contact our Malaysian lawyers and ask for their legal guidance.


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