Towards Malaysian common law: convergence between indigenous norms and common law methods

The predecessors of the Civil Law Act 1956, namely the various Ordinances and enactment, had served well the British imperialist in Malaya and Borneo. It provides a semblance of legitimacy of things she had done and continue to do, namely imposing her law on the colony. It may also have served wel...

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Main Author:	Shuaib, Farid Sufian
Format:	Article
Language:	English
Published:	UKM Press 2009
Subjects:	JV Colonies and colonization. Emigration and immigration. International migration K Law (General)
Online Access:	http://irep.iium.edu.my/7865/ http://irep.iium.edu.my/7865/ http://irep.iium.edu.my/7865/1/Toeards_FARID_malaysian_common_law-_convergence_between_indegenious.pdf

id	iium-7865
recordtype	eprints
spelling	iium-78652012-01-30T09:02:49Z http://irep.iium.edu.my/7865/ Towards Malaysian common law: convergence between indigenous norms and common law methods Shuaib, Farid Sufian JV Colonies and colonization. Emigration and immigration. International migration K Law (General) The predecessors of the Civil Law Act 1956, namely the various Ordinances and enactment, had served well the British imperialist in Malaya and Borneo. It provides a semblance of legitimacy of things she had done and continue to do, namely imposing her law on the colony. It may also have served well a newly independent Malaya and Malaysia in providing continuity and stability of her fragile legal system suffered on the onslaught of imperialist law and political might. The purpose of this research is to examine whether English common law should continue to dominate the development of Malaysian law. Secondly, the work seeks to examine the scheme in which the English common law methods could be employed to develop Malaysian common law. The research found that the inapt position of English law in a land rich in her own culture and heritage, and the impracticality of keeping up with the mercantile law of a foreign land, suggests a need to wean off the law of mother England. Physical judicial autonomy obtained by severance of appeal to the Judicial Committee of the Privy Council should be followed by substantive autonomy by severing the umbilical cord to English law. Malaysian common law may be developed by considering Malaysian indigenous law - which refers to laws, customs and norms of the Malaysian – to nurture a truly Malaysian common law. In this way, the interaction between the English legal system and the Malaysian legal system will not be a matter of domination but of convergence. UKM Press 2009 Article PeerReviewed application/pdf en http://irep.iium.edu.my/7865/1/Toeards_FARID_malaysian_common_law-_convergence_between_indegenious.pdf Shuaib, Farid Sufian (2009) Towards Malaysian common law: convergence between indigenous norms and common law methods. Jurnal Undang-undang dan Masyarakat, 13. pp. 158-169. ISSN 1394-7729 http://www.ukm.my/penerbit/juum.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	JV Colonies and colonization. Emigration and immigration. International migration K Law (General)
spellingShingle	JV Colonies and colonization. Emigration and immigration. International migration K Law (General) Shuaib, Farid Sufian Towards Malaysian common law: convergence between indigenous norms and common law methods
description	The predecessors of the Civil Law Act 1956, namely the various Ordinances and enactment, had served well the British imperialist in Malaya and Borneo. It provides a semblance of legitimacy of things she had done and continue to do, namely imposing her law on the colony. It may also have served well a newly independent Malaya and Malaysia in providing continuity and stability of her fragile legal system suffered on the onslaught of imperialist law and political might. The purpose of this research is to examine whether English common law should continue to dominate the development of Malaysian law. Secondly, the work seeks to examine the scheme in which the English common law methods could be employed to develop Malaysian common law. The research found that the inapt position of English law in a land rich in her own culture and heritage, and the impracticality of keeping up with the mercantile law of a foreign land, suggests a need to wean off the law of mother England. Physical judicial autonomy obtained by severance of appeal to the Judicial Committee of the Privy Council should be followed by substantive autonomy by severing the umbilical cord to English law. Malaysian common law may be developed by considering Malaysian indigenous law - which refers to laws, customs and norms of the Malaysian – to nurture a truly Malaysian common law. In this way, the interaction between the English legal system and the Malaysian legal system will not be a matter of domination but of convergence.
format	Article
author	Shuaib, Farid Sufian
author_facet	Shuaib, Farid Sufian
author_sort	Shuaib, Farid Sufian
title	Towards Malaysian common law: convergence between indigenous norms and common law methods
title_short	Towards Malaysian common law: convergence between indigenous norms and common law methods
title_full	Towards Malaysian common law: convergence between indigenous norms and common law methods
title_fullStr	Towards Malaysian common law: convergence between indigenous norms and common law methods
title_full_unstemmed	Towards Malaysian common law: convergence between indigenous norms and common law methods
title_sort	towards malaysian common law: convergence between indigenous norms and common law methods
publisher	UKM Press
publishDate	2009
url	http://irep.iium.edu.my/7865/ http://irep.iium.edu.my/7865/ http://irep.iium.edu.my/7865/1/Toeards_FARID_malaysian_common_law-_convergence_between_indegenious.pdf
first_indexed	2023-09-18T20:17:25Z
last_indexed	2023-09-18T20:17:25Z
_version_	1777407880197046272

Towards Malaysian common law: convergence between indigenous norms and common law methods

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