Abstract: Malaysia is a multi-ethnic and multi-cultural country where heterogeneous groups of people follow different religions peacefully. This land was previously ruled by Dutch, Portuguese and English colonisers who left huge influences in framing its plural legal systems. The objective of this study is to analyze the influences of ancestral customs and norms that have been practiced along with the introduction of Islamic principles and the recognition of English laws in Malay and Borneo-islands and their impact on framing the current legal system of Malaysia. It will investigate if different cultures have influenced the adoption and development of legal systems in Malaysia. This study will also look at the changes in Malay culture because of the adoption of different legal systems and will analyse the factors that may have encouraged the Malay Sultans to accept different laws into their own states. This article will also identify the reasons why orthodox people willingly abide by this plural legal system in settling their daily disputes in different courts. Data from journals and books have been taken into consideration in undertaking this study. It has also sifted through some prominent decisions of the judges. After considering all materials, this study advocates that, the federal laws of Malaysia are the combination of three principles: the common laws (applicable to all citizens in civil and criminal matters), the Shariah (applicable for Muslims especially in matrimonial matters) and the Native laws (for the indigenous people of Sabah and Sarawak). This study will look into how the state authority as well as the federal government manages and controls these plural court systems within a federal territory. Key Words: Legal Pluralism, Legal System, Civil Courts, Shariah Courts & Native Courts.

1. There is no god but Allah, and
Muhammad is the messenger of
Allah.
Legal Pluralism And Its Influence
In Shaping The Current Legal
System Of Malaysia.
Md. Zubair Kasem Khan.
Master of Comparative Laws(MCL)
International Islamic University Malaysia.

2. Main Features.
 Concept of Legal Pluralism.
 Concept of Legal System.
 Historical Background Of The Different Legal Systems.
 The Existence Of Legal Pluralism In The Judicial System
Of Malaysian.
 Conclusion.

3. Concept of Legal Pluralism
“… law and legal institutions are not
all subsumable within one ‘system’but
have their sources in the self-regulatory
of all the multifarious social fields
present, activities which may support,
complement, ignore or frustrate one
another…” [Griffiths.]
“…the existence within a
particular society of different
societies of different legal
mechanisms applying to identical
situation”.
[Jacques Vanderlinden]
It is the multiplicity of forms of
law present within any social field.
[Norbert Rouland.]
It is the incorporation or recognition
of customary law norms or
institutions within state law…or to the
independent coexistence of
indigenous norms and institutions
alongside state law whether or not
officially recognized.

4. Concept of Legal System.
Legal System means, the allocation of the laws of a particular country and
the process and technique in which they are used to construe and constrain.
Legal system refers to the official way of determining the people about the
rights he inherently possessed and the responsibilities he is bound to
observe.
Legal System
The
aggregation of
legislations &
legal principles.
e.g.: the law of
the land.
The institutions
that apply
laws.
e.g.: the Courts
and Tribunal.
The process or
machinery for
pursuing
administration of
justice.
e.g.: the basic
structure of the
court system.
The persons in
the law.
e.g.: the
judges,
magistrates,
legal
practitioners.

5. Bygone Developments of the Different legal
systems.
Human civilization in Malaysia was started from the time some back to
250,000 years age.
Proto-Malays administrative structures were up-to-date whose
reflection also seen in today's modern administrative system
Ancient ad. hierarchy headed by “Batin”->Menteri->Penglima-
>Penghulu.
Menteri Besar ->“Batin” & Municipal government-> ”Penghulu”
CustomsInAncient
Periods
ReceptionofHindu&
ChineseCustomaryLaws
Hindu admin. Hierarchy was headed by “Devaraja” and basic source of law
were, Dharmasutras, Dharmasastra, customary laws and other principles.
Chinese customary laws had got recognition by the EIC to strengthen
relations. It was headed by a “Capitan”.
Numerous customary laws such as- Personal matters (i.e.- Polygamy,
Marriage and Divoese), Hindu-Rites, Charitable Trusts and Adoption
got recognition by the British administration.

6. ReceptionofEnglishLawsReceptionofIslamicLaw
Continuation..
Islam gained footing in the Malay peninsula in the 14th century
during the period of Sultan Iskandar Shah, Changed the system of
“Devaraja” to Islamic “Khalifah”.
The traditional Hindu based Malay customary laws(adat) were
reformed and modified by new adat influenced by the Shariah as set
out in Abu Shuja’s At-Taqrib, Ibn al-Qasim Al- Ghazzi’s Fath al –Qarib.
The Undang-Undang Melaka of Johor state was codified and adopted
on Turkey and Egypt’s Islamic law, Majallat Al-Ahkam and Ahkam
Shariyyah of Johore were according to Turkey & Egypt Hanafi Code.
The EIC first gained footing into Malay archipelago with acquisition of
Penang in 1786, albeit it got statutory affirmation of constituting English
law by the Charter of Justice on 25th of March, 1807 in Penang only.
The formal English law introduced officially in the Federation of Malaysia
by the adoption of Civil Law Ordinance 1956, in Sarawak, Sarawak
Application Law Ordinance 1949 and for the North Borneo North Borneo
Application of Law Ordinance 1951.
English Law penetrated into Malaysian States in two ways- 1st On the
advice of the British administrations ; Ex- The penal Code; 2nd
Through decisions of the judges in the Courts .

7. Legal Pluralism before
Independence.
Continuation..
“Malay adat” (Islamic law) was
the law only enforceable for the
Muslim Malays.
Case Study: Shaik Abdul Latif and
others Vs. Shaik Elias Bux [1915] 1
F.M.S.L.R 204 at page: 214; Re Dato
Bentara Luar decd. [1981] 2 MLJ
264,n269 etc.
“English common laws” applicable
for general people.
Case Study: Yeap Cheah Neo Vs.
Ong Cheng Neo Case [1875] 1 Ky
326, 343-4 and Choa Choon Neoh
Vs. Spottiswoode [1869] 1 Ky 216,
221.
“Personal laws” were the
governing law for non-
Malays(Hindus & Chinese).
Case Study: Chulas & Anor v.
Kolson [1867] Leic 462-4. & the
decision of Sir. Edward S. & Sir. R.
Rice

8. Today, the application of English Law throughout Malaysia is based
on the provisions of Section- 3 & 5 of the Civil Law Act- 1956.
Existence of Civil Courts
The evidence of establishing Common Law Court(Civil Court) first proved
by the decision of the Judicial Committee of the Privy Council in Yeap
Cheah Neo Vs. Ong Cheng Neo Case[1875]…
“……the Law of England must be taken to be the governing
law, so far as it is applicable to the circumstances of the place
and modified in its application by those principles…….”
Constitutional Affirmation: The Civil law Courts has been established
under Article- 121 of the Federal Constitution of Malaysia.

9. Hierarchy of Civil Courts

10. Existence of Syariah Courts
11 out of 13 colonial regions got independence in 1957 and got
constitutional affirmation to adopt and apply Islamic law and therefore
established Syariah courts to adjudicate disputes arising between Muslim.
Article 74, Schedule 9, list II(State List)of the Federal Constitution
confers the absolute right to enact and establish Syariah courts in each
states.
A recent revolutionary amendment made whereby, the right to appeal
from State Syariah Courts to Federal Civil Courts has been eliminated
which confirms that the state Syariah courts are now Effectively A Self-
contained System.

11. Continuation. . .
Institutions &
Enactments.
The Department of Islamic Development
Malaysia (Jabatan Kemajuan Islam Malaysia
or “JAKIM”) [1997].
The Department of Syariah Judiciary Malaysia
(“JKSM”) [1998].
Administration of the Religion of Islam
(Certificate of Faraid Fees) Sel. P.U. 22 of 2004
(Selangor).
Administration of Wakaf (Wakaf Forms) (State
of Selangor) Rules 2001 (Sel. P.U. 5 of 2001)
Muslim Courts (Criminal Jurisdiction)
(Amendment) Act 1984, Act A612 of 1984, § 2.

12. Headman’s Court
Presided by a Headman with two assessors.
Chief’s Court
Presided by a Penghulu with two assessors.
Chief’s Superior Court
Presided by a Temenggong or Pemancar with two
assessors.
District Native Court
Presided by a Magistrate with two assessors.
Resident’s Native Court
Presided by a Resident with two or four
assessors.
Native Court of Appeal
Presided by a Judge with one or more assessors.
Existence of Native Courts in
Borneo
According
to the
Section-
13 of the
N.C.
Ordinanc
e-1992
Matters
involving
breach of
Native Law
and Custom.
Matters
involving
Land
Disputes.

13. Conclusion
After having a serious and close analysis on the
development and the trends of the Malaysian legal
system, it can be summarized that, the legal system of
Malaysian contains a type of Multiple Legal Systems,
which can be Exemplified by the mixture of the
Customary Laws(native Court), Islamic Law(syariah
Court) and English Laws(civil Court).
Therefore, the concept of legal pluralism is very
much apparent and to some extend so much
integrated that, these different court systems cannot
be repeal from the body of the Malaysian legal
system.

14. Thank You For Your
Attention…