The reception of English law in Malaysia and development of the Malaysian common law

Tun Abdul Hamid Mohamad, Adnan Trakic

Research output: Contribution to journalArticleResearchpeer-review

Abstract

The debate on whether Malaysia needs to sustain strong links with English law is likely to continue.Irrespective of which side of the argument one may take, the truth is that Malaysia s links with English law have contributed tremendously towards the development of the plural Malaysian legal system which is highly regarded in the region. This article argues that the abolition of section 3 of the Civil Law Act 1956, or the Act as a whole, which permits the reception of English law in Malaysia, is not necessary. The argument that the Act stifles the development of the Malaysian common law is untenable. The existing framework within the Act allows, if not promotes, the development of the Malaysian common law. Even though this article argues that section 3 should not be abolished, it is submitted that the time has come for the provision to be amended and improved. This article proposes various amendments to section 3 which would enable both smoother reception of English law in Malaysia and more effective development of the Malaysian common law.
Original languageEnglish
Pages (from-to)123 - 144
Number of pages22
JournalCommon Law World Review
Volume44
Issue number2
DOIs
Publication statusPublished - 2015

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