This Country Profile provides a basic overview of the legal history and institutional structures of Malaysia, based on research produced by GlobaLex at NYU Law School and the Library of Congress. Under Malaysia's Constitution, Islamic law (sharīʿa or fiqh) has some legal status.
Country Background
Malaysia is a penninsula located in Southeastern Asia. Malaysia is separated by the South China Sea into two general land areas. It is bounded by Brunei, Indonesia, the Philippines, Singapore, Thailand, and Vietnam. The capital of Malaysia is Kuala Lumpur. Although Putrajaya (another major Malaysian city) is referred to as a federal government administrative center, it is not the capital and Parliament meets in Kuala Lumpur. The official language is Bahasa Malaysian. The country's population in 2017 was approximately 31.4 million. The official religion of Malaysia is Islam. Malaysia is a predominantly Muslim country, with about 61% of the population Muslim, 20% Buddhist, and 9% Christian. Malaysia is a member state of the Organisation of Islamic Cooperation.
Constitution & Legal Structure
Malaysia is referred to as a federal parliamentary constitutional monarchy, in which the Constitution is the supreme law of the land. The Constitution of Malaysia was ratified in 1957 (most recently amended in 2007). The system of government is based on principles of separation and checks and balances and has three branches: legislative, executive, and judicial. The King is considered the head of state and the head of Parliament. The Prime Minister is head of the executive branch. The judiciary maintains two parallel justice systems: the civil/criminal courts that apply to the whole country, and the state-level sharīʿa courts that apply only to Muslims. The legal system of Malaysia is a mixed legal system of English common law that has been influenced by Islamic legal traditions and customary legal traditions. Furthermore, the head of the government can request a judicial review of legislative acts.
Constitutional Status of Islamic Law
According to the Constitution, Islamic law is a matter falling within the jurisdiction of the states. As such, the state legislatures are empowered to enact such laws. Exceptions to this are the federal territories of Kuala Lumpur, Labuan, and Putrajaya, in which Islamic law is enacted by the national legislature. The Constitution also gives each state control over their sharīʿa courts. Furthermore, the leaders of each state serve as the head of the Islamic religion in their respective states. Consequently, there is a lack of uniformity in the administration of Islamic law in Malaysia.
Jurisdiction(s) of Islamic Law
In the current system, Malaysia maintains two parallel justice systems: the civil/criminal court system that applies to the whole country, and the sharīʿa court system that exists in each of the thirteen states. Each state in Malaysia has its own sharīʿa courts, which deal with matters relating to Islamic law in which the litigants are all Muslim. All matters pertaining to Islamic law must be tried in sharīʿa courts. Matters of personal status and family law fall under the jurisdiction of the sharīʿa courts if the people involved are Muslim. Furthermore, although civil and criminal matters generally fall under the jurisdiction of the national government, if Muslims are involved in the criminal offense(s), it again falls under the sharīʿa court system.
Dominant School of Islamic Law
Malaysia has no official school of Islamic law. However, the vast majority of the population is Sunnī, adhering to the Shāfiʿī school. As such, the majority of the courts operate within the Shāfiʿī school as well.
Sources of Law for Legal Research
Official Publications
Unofficial Databases
References:
For an extended list of legal resources for this country, see the Library of Congress’s Research Guide, and for a narrative review, see the GlobaLex Foreign Law Research Guide (most updated version, where available). The Constitution is available in the LOC Guide in its original language and at Constitute in English and Arabic translation. For full versions of past constitutions, amendments, and related legislation, see HeinOnline World Constitutions Illustrated or Oxford Constitutions of the World [subscription required for each].