An Overview of Malaysian Legal System and Research

By Laras Susanti

Laras Susanti is a Fulbright scholar and S.J.D. candidate at the University of Pittsburgh School of Law. She holds an LL.M. in Asian and Comparative Law from the University of Washington. Her research focuses on the judiciary, family law, Islam, and the intersection of law and politics in a comparative context. An aspiring legal scholar, she has published in both academic and popular media.

Published July/August 2025

(Previously updated by Shaikh Mohamed Noordin and Lim Pui Keng in March/April 2009, May/June 2011; and by Shaikh Mohamed Noordin and Shanthi Supramaniam in November 2013 and in June 2016)

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1. Origins History of Modern Malaysian Law

Researchers need to understand that much of Malaysia’s history is related to Great Britain, which established some of the earliest colonies on the Malay Peninsula. Although the Dutch and Portuguese were the earlier colonial powers, the British, who ruled Malaya for more than one hundred and fifty years with just one short interruption during World War II, had a much greater impact on the country’s law. Malaysia’s legal history begins with the acquisition of Penang in 1786 and with the introduction of the Charters of Justice in 1807, 1826, and 1855.

The Federation of Malaya received independence from the British in 1957. The first Federal Constitution of Malaya (before it was called Malaysia) came into force on August 27, 1957, a few days after the Independence Day of August 31, 1957. Subsequently, on September 16, 1963, the Constitution of Malaya was amended to accommodate the eleven states of the Federation of Malaya, the former colonies of Sarawak and Sabah on the western coast of Borneo, and the State of Singapore to form the Federation of Malaysia.

The reception of English law slowly evolved and developed during British colonization. However, the reception of English law only became statutory after promulgating the Civil Law Enactment of 1937. There are three periods during which modern Malaysian laws were made. Pre-war law was made during the decentralization of Malay states (1866-1942). The Malay states at that time were divided into three groups of states: the Straits Settlement (SS) group of states comprised of Penang, Malacca, and Singapore; the Federated Malay States (FMS), comprised of Perak, Selangor, Negeri Sembilan, and Pahang; and the Unfederated Malay States (UMS), comprised of Johor, Kedah, Perlis, Terengganu, and Kelantan.

In August 1965, however, Singapore seceded from this newly formed federation to become an independent republic. Malaysia, as it is known today, consists of the eleven peninsular states constituting Malaya (referred to as peninsular Malaysia), Sabah, and Sarawak.

Post-war law was made after the unification of all the Malay states except Singapore under a federal administration (1946-1957), and post-independence law was made after the formation of the Federation of Malaya and Malaysia (1957 and 1963). Prior to independence in 1957, most of the laws of the United Kingdom were adopted and either made into local legislations or simply applied as case laws. The application of English law or common law is specified in the Civil Law Act 1956 as stated in Sections 3 and 5 of the said Act, which allows for applying English common law, equity rules, and statutes in Malaysian civil cases where no specific laws have been made. Similarly, in the context of civil law, Section 5 of the Criminal Procedure Code also states that English law shall be applied in cases where no specific legislation has been enacted.

Malaysian law is also modeled on laws of other jurisdictions, such as Australia and India. The Malaysian Criminal Procedure Code was originally derived from the Indian criminal code. Although Malaysian labor law and the Contracts Act have been evolved over time, they were historically influenced by the Indian model. Meanwhile, Malaysian land law shared a similar foundation to the Torrens system, which originated from Australia. Several laws made during colonization that are still in existence and applicable with certain modifications in line with domestic and current circumstances.

Understanding the basic arrangement of the current Malaysian legal system and the concept of separation of (law-making) powers will assist you in understanding how Malaysian legal resources are organized and found. Although the Malaysian legal system is predominantly based on English common law, other secondary legal systems concurrently affect certain sections of the law, such as Islamic law and customary law. Therefore, researchers must pay attention to the jurisdiction and group of people that the law was designated for and whether the laws are still in force.

Malaysia adopted the English legal system. They practice parliamentary democracy and are ruled by a constitutional monarchy, with His Majesty the Yang di-Pertuan Agong (the King) presiding ceremonially as the head of the country. The Yang di-Pertuan Agong is elected by the Conference of Rulers for a five-year term from among the hereditary rulers of the nine states in the Federation which are ruled by Sultans. The states are Perlis, Kedah, Perak, Selangor, Negeri Sembilan, Johor, Pahang, Terengganu, and Kelantan. In the other states, namely Melaka, Pulau Pinang, Sabah and Sarawak, the Head of State is the Yang di-Pertua Negeri or governor of the state. The Yang di-Pertuan Agong appoints the Yang di-Pertua Negeri for a four-year term.

The Federal Constitution of Malaysia divides the powers of the Federation into legislative, judicial, and executive authorities. The separation of powers also occurs at the federal and state levels. Federal laws enacted by the federal assembly, known as the Parliament of Malaysia, apply throughout the country. Meanwhile, state laws govern local governments, and Islamic law enacted by the state legislative assembly applies in the particular state.

Specifically, Article 4(1) of the Federal Constitution declares that the Constitution is the supreme law of the Federation, while Islam is the “religion of the Federation” under Article 3(1). The Supreme Court explained the secular basis of the Malaysian legal system in the case of Che Omar bin Che Soh v Public Prosecutor, 1988, whereby, due to British colonization, “the religion of Islam became separated into two separate aspects, the public aspect and the private aspect.” Consequently, the role of the religion of Islam in the public aspect was diminished, and it became “nothing more than a mere appendix to the ruler’s sovereignty.” Thus, the role of Islam was limited only to the private aspect, that is, as the personal law of Muslims, which centers upon issues such as marriage, divorce, inheritance, maintenance, and the like.

Under the Federal Constitution, Islamic law is a matter falling within the State List, that is, it is a matter over which the State Legislature has jurisdiction and not the Parliament. The Ninth Schedule of the Constitution identifies in some detail the specific subjects of Islamic law and personal and family law of persons professing the religion of Islam over which the state legislature has jurisdiction. It also includes Islamic criminal law, the constitution, and the organization and procedure of Syariah courts. The Constitution respects the position and jurisdiction of Syariah courts to decide matters within its “exclusive jurisdiction” protected under Article 12(1A) which provides that the civil courts shall not have jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.

2. Legislative Authority – Source of Primary Legislation

Legislative authority in Malaysia is the power to enact laws for the Federation, as stated in Article 66(1) of Federal Constitution. However, under Article 4(1) of the Constitution, any law passed after 31 August 1957 that is inconsistent with the Constitution shall be void.

At the federal level, the legislative power is vested in a bicameral Parliament headed by the Yang di-Pertuan Agong, which comprises the Dewan Negara (House of Senate) and Dewan Rakyat (House of Representatives). The Dewan Negara has seventy members, of whom the Yang di-Pertuan Agong nominates forty-four members, and twenty-six members elected by the State Legislative Assemblies. The Dewan Rakyat is a fully elected member of Malaysia’s lower house of parliament, which has 222 members. Each Parliament and state legislature have a typical five-year term of office, divided into annual sessions. The sessions will usually be terminated or prorogued in September.

The distribution of law-making authority between the federal and state governments is enumerated in the Ninth Schedule of the Federal Constitution, and it is set out in a Federal List, a State List, and a Concurrent List. The main subject areas of the Federal List are external affairs, defense, internal security, civil and criminal law, citizenship, finance, commerce and shipping industry, communications, health, and labor.

The State List comprises matters such as land, agriculture, forestry, local government, riverine fishing, Muslim law, etc. The Concurrent List, under the authority of both the federal and state governments, covers social welfare, scholarships, protection of wildlife, and town and country planning. Should any inconsistency exist between federal and state law, federal law takes precedence over state law.

Laws that were promulgated at federal and state levels were published as part of the respective Federal and State Gazettes. Federal Legislation came to be termed “Acts” with the first Parliament sitting on 11 September 1959.

2.1. Legislative Sources

2.1.1. Official Sources

The Malaysian Parliament website offers the largest number of full texts of Acts of Parliament enacted since 1990 in pdf format, free of charge. The only obstacle to finding the Acts of Parliament from this website is that one must know the name of the Acts in order to find it. The Acts are currently available only up to the year 2000. The Bills, on the other hand, are quite current.

However, the Malaysia Attorney General’s Chambers (AGC) manages the Laws of Malaysia (LOM) portal where the Federal Constitution, Acts, Ordinances, and Subsidiary Legislation are published.

This website is a good starting point to find Acts of Parliament; there are numerical and alphabetical indexes to help researchers find new and revised Acts promulgated after 1 January 1969, also known as the “Laws of Malaysia” (LOM) series. The LOM series is a compilation and reprint of laws published in volume form pursuant to Section 14A of the Revision of Laws Act 1968 [Act 1]. It is the only official and authoritative publication of the laws of Malaysia. The LOM series incorporates all principal laws of Malaysia enacted after 1969, as well as pre-1969 laws, which have been revised by the Commissioner of Law Revision.

SabahLaw Net: As of February 2025, Sabah LawNet is no longer active. Since then, Sabah LawNet has been managed by the Sabah State Attorney General’s Chambers’ website. Anyone who needs to access the State’s Enactments, Ordinances, Rules, Regulations, and By-Laws can find it under the Sabah LawNet section.

Sabah State Government Gazette: The Sabah State Government Gazette website belongs to the State Government Printing Department. The legislation on the website is published every Thursday and has been available from the year 2000.

Official portal of the Government Malaysia: This website provides official information, public services, and links to governments, ministries, and agencies’ websites.

2.1.2. Commercial Sources

Malaysian LawNet: Commonly known as LawNet, this website commercially provides authoritative texts on laws of Malaysia. It started its operation in 1998 and has since included Updated Acts of Parliament, Principal Acts (Original), Amendment Acts, Ordinances, Bills Supplement, Updated Rules & Regulations, Legislative Supplement (A), Legislative Supplement (B), Federal Constitution, Criminal Procedure Code, Penal Code, National Land Code, Rules of Court, Court Forms, and General Order. LawNet launched its electronic Gazette (e-Gazette), an electronic version of the Malaysia Gazette printed by the Government’s printer (PNMB) in 2001.

CLJ Legal Network (CLJ Online): This website consists of all federal legislation of Laws of Malaysia series from Act 1 to the present day. Over 700 such enactments are currently available to subscribers. In addition, selected subsidiary legislation is also available. Any new enactments are put online as soon as they become available. All legislation is consolidated–i.e., amendments are incorporated into the principle acts soon after they are in force.

Lexis®Malaysia: Lexis® Malaysia contains the leading law reports in Malaysia, Malayan Law Journal, with enhanced functionality, hyperlinking capabilities, and content previously available only in print format. With Lexis® Malaysia, authoritative sources relied upon by legal professionals such as Halsbury’s Laws of Malaysia, Indian Content, Malaysian Precedents and Forms, Atkin’s Court Forms Malaysia, and others are now available online by subscription.

WestLaw Malaysia: WestLaw Malaysia provides case law coverage from the All-Malaysia Reports and All Malaysia Electronic Judgments (AMEI), and it is the first local online service to be hyperlinked to extensive coverage of cases, legislation, journals, and current awareness from the United Kingdom and India. A case analysis document is prepared for each case reported which allows the user to understand the importance of the case they are reading and to ascertain how the reported case rates each cited case. Every case on WestLaw Malaysia comes together with a pdf version of the case as reported in the All-Malaysia Reports or, in the case of AMEJ, the original transcript.

3. Executive Authority – Source of Subsidiary Legislation

The Executive is vested with the authority to govern and administer laws, including drafting bills, as provided under Article 39 of the Federal Constitution. Although Yang di-Pertuan Agong vests the executive authority, the Cabinet of Ministers exercises the authority led by the Prime Minister. The Cabinet is accountable to the Parliament. Each executive act of the Federal Government flows directly or indirectly from his Royal authority.

The Cabinet consists of the Prime Minister and an unspecified number of Ministers who must all be members of Parliament, either the Dewan Rakyat (House of Representatives) or Dewan Negara (House of Senate). The Ministers hold different portfolios and are collectively responsible for all decisions made by the Cabinet.

The Malaysian government is equipped with departments and statutory bodies in addition to the ministries. At the ministerial level, the main agencies formulate, control, and implement government policies, while at departmental levels, the agencies are responsible for implementing all the policies. Agencies of statutory bodies are semi-governmental in structure and are responsible for carrying out duties assigned to them to meet the government’s policies.

3.1. Executive Sources

Government Departments

  • Department of Environment: The duty of the department is to administer and enforce the Environmental Quality Act, 1974 (Amendments 1985, 1996) and Section IV of the Economic Exclusive Zone Act, 1984.
  • Royal Customs and Excise Department: This is an important revenue-collecting department under the Ministry of Finance that determines and imposes duties on goods coming into Malaysia. The website contains various customs regulations, duties regulations, guidelines, and procedures for public reference.
  • Immigration Department of Malaysia: The main function of this department is to issue Visas, Passes, and Permits to foreign nationals entering Malaysia and to enforce (all provisions of) the Immigration Act 1959/63 (Amendment Act 2002), Passport Act 1966 (Amendment Act 1996), and Immigration Regulations 1963. Its website focuses more on the corporate profile of the Department.
  • Department of Civil Aviation Malaysia: As DCA is a regulatory authority, its main function is to ensure that aviation service providers conduct their activities in accordance with appropriate regulations. All the relevant aviation laws can be accessed from its website.
  • Marine Department Malaysia: The Maritime Department is responsible for formulating policies, planning, conducting research, and coordinating maritime matters, including port development, the shipping industry, licensing of domestic shipping, and seamen affairs. The aim is to increase the effectiveness and efficiency of utilizing port facilities. Its website includes full texts of maritime legislation and regulations.
  • Road Transport Department of Malaysia: The Road Transport Department (RTD) was established in 1937 under the Traffic Enactment 1937. On 1 April 1946, the RTD coordinates all transportation aspects nationwide. In line with its function, various acts relating to road transportation were regulated under provisions such as the Road Traffic Ordinance 1968 and the Road Transport Act 1987.
  • Department of Statistics Malaysia: The Department of Statistics was established in 1949 under the provisions of the Statistics Ordinance 1949 and was then known as the Bureau of Statistics. In 1965, the name Bureau of Statistics was changed to the Department of Statistics, operating under the provisions of the Statistics Act 1965 (Revised 1989). The Department of Statistics is placed under the Prime Minister’s Department. The website is a good source of statistical data on Malaysia.

3.2. Statutory and Regulatory Bodies

The setting up of a statutory body is governed by law. Statutory bodies are established to implement certain duties and responsibilities in line with government objectives. Corporations are set up to take over the duties and responsibilities of certain government departments. Each public corporation has officers of its own to manage it. The chief administrator of a public corporation is conferred and empowered to enact rules and regulations and to monitor his governing bodies to ensure smooth administration in accordance with the objectives. As public regulatory bodies, the law is publicly available information, as the following prominent websites demonstrate:

  • Bank Negara Malaysia (Central Bank): Bank Negara Malaysia is the central bank of Malaysia. It was established on 26 January 1959, under the Central Bank of Malaya Ordinance, 1958, Act 519. The website includes full texts of all banking and financial legislation.
  • The Malaysian Industrial Development Authority: The Malaysian Industrial Development Authority (MIDA) is the government’s principal agency established under Act 397/1965 for the promotion and coordination of industrial development. It is the first point of contact for investors who intend to set up projects in manufacturing and related support services sectors in Malaysia. This is a useful site for foreign investors.
  • MATRADE: MATRADE was established on 1 March 1993 under Act 490/1992 as the external trade promotion arm of Malaysia’s Ministry of International Trade and Industry (MITI). MATRADE functions as a focal point for Malaysian exporters and foreign importers and as a source for trade-related information.
  • The Inland Revenue Board of Malaysia: The Inland Revenue Board of Malaysia is one of the Ministry of Finance’s main revenue collecting agencies. The department became a board on 1 March 1996 and is now formally known as the Inland Revenue Board of Malaysia in accordance with the Inland Revenue Board of Malaysia Act 1995, Act 533. Its website is best for information on Malaysian taxation regulations and procedures.
  • Malaysian Communications and Multimedia Commission (MCMC): The Malaysian Communications and Multimedia Commission (MCMC) is the regulator for the converging communications and multimedia industry. It was established on 1 November 2001 under Act 589/1998. The website contains full texts of Malaysian cyber law.
  • Intellectual Property Corporation of Malaysia: The Intellectual Property Division (IPD) was established on 27 October 1990 and operates under Act 617/2002 under the Ministry of Domestic Trade and Consumer Affairs Malaysia. The corporation is responsible for developing and managing the intellectual property system in Malaysia.
  • Human Rights Commission of Malaysia: The Human Rights Commission of Malaysia (SUHAKAM) was established by Parliament under the Human Rights Commission of Malaysia Act 1999, Act 597. The full text of the Human Rights Act and annual Human Rights reports are included on its website.

4. Judicial Authority – Source of Case Law

The judiciary is empowered to hear and rule on civil and criminal matters and to decide on the legality of any legislative or executive acts as provided under Article 125A of the Federal Constitution. It also confers authority by law to interpret the federal and state constitutions. The courts can pronounce the validity of any law passed by the Parliament, and the meaning of any provision of the Constitution. The jurisdiction of the Malaysian courts is determined by the Courts of Judicature Act 1964 for Superior Courts and the Subordinate Courts Act 1948 for Subordinate Courts.

The Malaysian Courts of Justice are made up of the Superior Courts and the Subordinate Courts. The Superior Courts are comprised of the Federal Court (the highest court), the Court of Appeal, and the two High Courts. By virtue of Act 121(1) of the Federal Constitution, judicial power in the Federation is vested in two High Courts of coordinate jurisdiction and status, namely the High Court of Malaya for Peninsular Malaysia and the High Court of Borneo for Sabah and Sarawak.

The Federal Court of Malaysia is the Supreme Court, the highest judicial authority in the country, and the final court of appeal in Malaysia. Before 1957, the name “Supreme Court” was used to refer to the highest court in Malaysia, just below the Privy Council. The Supreme Court was renamed the Federal Court of Malaysia effective 24 June 1994 and is now Malaysia’s final court of appeal. The Federal Court reviews decisions referred to by the Court of Appeal; it has original jurisdiction in constitutional matters and disputes between states or between the federal government and a state. Before 1 January 1985, the Federal Court was the country’s highest court, but its decisions were further appealable to the Privy Council in London. However, on 1 January 1978, Privy Council appeals in criminal and constitutional matters were abolished, and on 1 January 1985, all other appeals, i.e., civil appeals, except those filed before that date, were abolished.

The Subordinate Courts in Peninsular Malaysia consist of the Sessions Courts, Magistrates’ Courts, and the Penghulu’s Courts. Meanwhile, the Subordinate Courts in Sabah and Sarawak consist of the Sessions Courts, Magistrates’ Courts, and Native Courts. In the hierarchy of Subordinate Courts, the lowest is the Penghulu’s Court. A Penghulu is a headman appointed by a state government. The criminal jurisdiction of a Penghulu’s Court is limited to the trial of offences of a minor nature, which can be adequately punished by a fine not exceeding RM25.00. In addition to the above, there is also a Juvenile Court for offenders under 18.

All judiciary members are appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister and after consultation with the Conference of Rulers. The Constitution provides fixed numbers of judiciary members. The head of the judiciary is the Chief Justice of the Federal Court, who exercises direct supervision over all courts. Currently, the law provides seven other judges of the Federal Court, besides the Chief Justice of Malaysia, the President of the Court of Appeal, the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, ten judges for the Court of Appeal, forty-seven Judges for the High Court in Malaya, ten judges in the High Court in Sabah and Sarawak, eleven Judicial Commissioners in the High Court in Malaya, and two in the High Court in Sabah and Sarawak. However, the Yang di-Pertuan Agong may alter the composition by way of an order.

Selected court cases are reported in any of three major law reports in Malaysia, e.g. Malayan Law Journal (MLJ – 1932 to present), Current Law Journal (CLJ – 1982 to present), and All Malaysia Reports (AMR – 1992 to present). Only a small portion of the latest cases of the superior courts are available on the court website, as below.

4.1. Judicial Sources

Judicial Appointments Commission: This website contains legislation on the procedures and the criteria for appointing judges, as well as their code of ethics to set basic standards of conduct for judges and provide guidance in establishing and maintaining the character and conduct of the higher judiciary.

Rules of Court 2012: The Rules of Court 2012 come into effect on 1 August 2012. It combines the Rules of Subordinate Courts 1980 and the Rules of High Court 1980, streamlining procedures in civil cases in the Subordinate and High Courts. As a result, portions of the existing court rules have undergone significant changes. Furthermore, in December 2020, the rules were amended in response to the COVID-19 pandemic by incorporating virtual hearings and electronic communications.

Several official websites of Malaysia’s judiciary to access courts’ judgements:

Syariah Court of Federal Territories

Lawyers in Malaysia can practice in the government or private sector. The Judicial and Legal Service Commission administers lawyers in the government sector. They are transferable within the Attorney General’s Chambers department or can be seconded to any of the state government as legal advisers. There is no division of the legal profession in private practice. A practicing lawyer is known as an advocate and solicitor and usually does all the work done by barristers and solicitors in England. There is one bar for Peninsular Malaysia, namely the Bar Council of Malaysia, and a separate bar for Sabah and Sarawak: the Sabah Law Association and the Advocates Association of Sarawak, respectively. A member of the Peninsular Malaysia Bar is not entitled to practice in Sabah and Sarawak. No member of the Bar in Sabah or Sarawak is entitled to practice in the other state or in Peninsular Malaysia. The Bar Council is given statutory powers to regulate the profession and acts as a general watchdog on professional etiquette and standards.

Malaysian law schools and the professional training of lawyers are modeled on the English system. Present admission requirements admit graduates from Malaysian law schools as well as graduates from Singapore, England, Australia, and New Zealand. Admission to the role of advocates and solicitors is restricted to Malaysian citizens or permanent residents of Malaysia, and a person admitted to the bar has the exclusive right to appear and plead in all courts of justice.

Useful Legal Sites regarding legal professions in Malaysia:

Legal Aid Bureau

Bar Council of Malaysia:

Sabah Law Society

Advocates Association of Sarawak

Law firms in Malaysia:

Legal Education (in Public Universities):

Most of the Malaysian laws originate from any of the three principal sources of law-making authorities: the legislature, executive, and judiciary. Laws can be easily traced by knowing their principal sources. Although Malaysia has yet to have a one-stop center for free access to law, more laws are now freely available on the Internet through various government websites. However, two common limitations can be discerned. Firstly, most of the laws on the Internet are current law, promulgated post-independence. Secondly, the statutes presented on these government websites are mostly the principal statutes as they were originally enacted and in a non-consolidated form, except when released in reprinted versions. Subsequent amendments to the law may be available in a separate text. It may be quite difficult at times to determine whether a legislative text is current, accurate, and complete when referring to these principal texts alone. The same goes for judicial decisions. Typically, only raw judgments are provided on the court websites without any editorial features such as head notes and other annotations. Consequently, the court websites do not assist researchers in finding out more about the case, such as whether the parties further appealed the case.

Other than on the websites of the three law-making institutions where law is officially made accessible to the public freely, i.e., on (i) the Attorney General’s Chambers’ website, (law-making institution for the Executive); (ii) the Parliament’s website; and (iii) the Court’s websites, there are some ministries, statutory agencies, Bar Councils, and local governments which may also include their relevant law and regulations on their respective websites. Researchers may choose to access these websites through legal portals hosted locally or internationally, or they may access them directly from the websites of law-making institutions in their jurisdictions. Although they are not designed for sophisticated or exhaustive research compared to the service provided by commercial legal providers, these free-access sites are still the best alternative for Malaysian legal resources that are currently available.

7. Other Reference