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Malaysian Legal System, 2nd Edition

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Author Ashgar Ali Ali Mohamed
Publication Date 2020




Publisher: CLJ Publications

The ‘Malaysian Legal System’ book, which consists of thirty six chapters, traces the various sources of the legal system in this country, before and during the British ‘invasion’ into the Straits Settlements, Malay States and Borneo States. It also encompasses inter alia, the sources of Malaysian law, Parliamentary process of law making, judicial doctrine of stare decisis at common law and Syariah, interpretation and construction of statutes, administration of justice and the Legal Profession of the Civil and Syariah system. The potential impact of artificial intelligence technologies on legal profession, the transformation of the legal education in the era of Fourth Industry Revolution (IR4.0) and a common evaluation system for law graduates admission into the legal profession are also featured in this book. Further, the book encompasses a step-by-step guideline on how to conduct an effective legal research with an introduction to the citation of cases, statutes, books, journal articles and electronic sources, among others. All in all, this book is an excellent source of reference as it is an all-embracing manuscript on the Malaysian Legal System contributed by writers who are experts in their respective fields of interest.


Chapter 1: Malaysian Legal System: An Introduction
Chapter 2: Legal Theory and Concept of Law
Chapter 3: Major Legal Systems of The World
Chapter 4: The Doctrine of Reception
Chapter 5: Doctrine of Terra Ullius: A Review of Mabo & Ors v. Queensland (No.2) Case
Chapter 6: Reception of English Law In Straits Settlements
Chapter 7: Reception of English Law In Malay States
Chapter 8: Reception of English Law In Sabah and Sarawak
Chapter 9: Current Application of English Law: Section 3, 5 and 6 of The Civil Law Act 1956
Chapter 10: Pride and Prejudice of Legal Imperialism with Reference to Presevering English Law In Malaysia: Making Sense The Doctrines of Reception and Subsequent Attraction
Chapter 11: Federal and State Constitutions 
Chapter 12: Legislation
Chapter 13: Islamic Law
Chapter 14: Customary Law
Chapter 15: The Law Reform (Marriage and Divorce) Act 1976 and Its Effects on Non-Muslim Customary Laws on Family Matters
Chapter 16: Statutory Interpretation
Chapter 17: Jurisdiction and Powers of The Civil Courts
Chapter 18: Specific Courts and Tribunal
Chapter 19: Stare Decisis and Ratio Decidendi
Chapter 20: Stare Decisis in Syariah
Chapter 21: The Judiciary and The Bar (Civil)
Chapter 22: The Judiciary and The Bar (Syariah)
Chapter 23: Basic Structure Doctrine and Its Application In Malaysia: With Reference to Decided Cases 
Chapter 24: Attorney General: Role and Powers
Chapter 25: Royal Commission of Inquiry
Chapter 26: Selected Complaint Resolution Bodies In Malaysia
Chapter 27: Civil Procedure 
Chapter 28: Criminal Procedure
Chapter 29: Evidence
Chapter 30: Legal Aid and Legal Advice Services 
Chapter 31: Alternative Dispute Resolution
Chapter 32: Technology and Delivery of Justice
Chapter 33: Artificial Intelligence, Technologies and The Future of Law
Chapter 34: Legal Education In Malaysia: Paradigm Shift In The Era of Fourth Industrial Revolution (IR4.0)
Chapter 35: Future of Legal Education In Malaysia: Towards A Common Bar Course
Chapter 36: Legal Research and Legal Citation


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