Aimi Safiah Bt.

Azemi (150456)
Introduction to Law (LSA0114) (Group 818)
Miss Adibah Ali

Quiz.
1. Common Law, Equity and Statute of General Application will be applied
subject to certain conditions and qualifications. Explain what are these
conditions and qualifications. (3 marks)

Common Law, Equity and Statute of General Application can be applied as

stated under Section 3. First is the absence of local legislation in which the
qualification is, the statutory recognition of judicial practise of resorting to
English Law to fill lacunae (gaps) in the local law. Second is the cut-off
dates which can be applied to fill the lacunae in local law. These are the
following dates: 7 April 1956 for West Malaysia, 1 December 1951 for
Sabah and 12 December 1949 for Sarawak. Before these dates, judges are
binded and oblige to follow the decisions of court. After these dates,
judges have the option to want or not to want to follow the decisions. Last
is the local circumstances. This is applicable to English Law only to the
extent permitted by local circumstances and inhabitants, and subject to
qualifications necessitated by local circumstances.

2. Explain the operation of the doctrine of judicial precedent in Malaysia. (3

marks)

The doctrine of judicial precedent in Malaysia means that in cases where

the material facts are the same, a court must follow the prior decisions of
a higher court, in some cases are binded by its own decisions and prior
decisions of a court of the same level in the same hierarchy. If there is a
precedent set in a lower court, the judge does not have to follow it, but
may consider it.

3. Explain the position of Islamic Law in Malaysia based on Article 3 of the

Federal Constitution. (4 marks)

The Federal Constitution in Article 3 provides that Islam is the religion of

the federation but all other religions may be practised in peace and
harmony.

In Schedule 9, List II, Paragraph 1, State Legislatures are permitted to

legislate for the application of Islamic laws to person professing the
religion of Islam in a variety of areas including personal and family law,
succession, marriage, zakat, fitrah, baitulmal and others.

The State Legislatures are also authorized to create and punish offences
by Muslims against the precepts of Islam except in relation to matters
within the jurisdiction of the Federal Parliament. Shariah Courts may be
established by State Law and it is declared that they shall have jurisdiction
only over one person professing the religion of Islam. In the exercise of
powers within their jurisdiction, Shariah Courts are independent of the Civil
Courts as stated in Article 121(1A).