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Law Of Malaysia
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to the 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by the Parliament of Malaysia apply throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws (criminal and civil) and sharia laws. History Adat (customary practices and tradition) provided Malay law before colonization. Prior to the independence in 1957, most of the laws of United Kingdom were imported and either made into local legislation or simply applied as case laws. Malaysian law is also based on other jurisdictions namely Australia and India. The criminal la ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
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Government Of Malaysia
The Government of Malaysia, officially the Federal Government of Malaysia ( ms, Kerajaan Persekutuan Malaysia), is based in the Federal Territory of Putrajaya with the exception of the legislative branch, which is located in Kuala Lumpur. Malaysia is a federation comprising the 11 States of Malaya, the Borneo States of Sabah and Sarawak, and 3 Federal Territories operating within a constitutional monarchy under the Westminster system and is categorised as a representative democracy. The federal government of Malaysia adheres to and is created by the Federal Constitution of Malaysia, the supreme law of the land. The federal government adopts the principle of separation of powers under Article 127 of the Federal Constitution of Malaysia, and has three branches: executive, legislature and judiciary. The state governments in Malaysia also have their respective executive and legislative bodies. The judicial system in Malaysia is a federalised court system operating uniformly thr ...
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MyKad
The Malaysian identity card ( ms, kad pengenalan Malaysia), is the compulsory identity card for Malaysian citizens aged 12 and above. The current identity card, known as MyKad, was introduced by the ''National Registration Department of Malaysia'' on 5 September 2001 as one of four MSC Malaysia flagship applications and a replacement for the High Quality Identity Card (''Kad Pengenalan Bermutu Tinggi''), Malaysia became the first country in the world to use an identification card that incorporates both photo identification and fingerprint biometric data on an in-built computer chip embedded in a piece of plastic. Besides the main purpose of the card as a validation tool and proof of citizenship other than the birth certificate, MyKad may also serve as a valid driver's license, an ATM card, an electronic purse, and a public key, among other applications, as part of the Malaysian Government Multipurpose Card (GMPC) initiative, if the bearer chooses to activate the functions. O ...
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Identity Document
An identity document (also called ID or colloquially as papers) is any document that may be used to prove a person's identity. If issued in a small, standard credit card size form, it is usually called an identity card (IC, ID card, citizen card), or passport card. Some countries issue formal identity documents, as national identification cards that may be compulsory or non-compulsory, while others may require identity verification using regional identification or informal documents. When the identity document incorporates a person's photograph, it may be called photo ID. In the absence of a formal identity document, a driver's license may be accepted in many countries for identity verification. Some countries do not accept driver's licenses for identification, often because in those countries they do not expire as documents and can be old or easily forged. Most countries accept passports as a form of identification. Some countries require all people to have an identity d ...
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Federal Court Of Malaysia
The Federal Court of Malaysia ( ms, Mahkamah Persekutuan Malaysia) is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya. The court was established during Malaya's independence in 1957 and received its current name in 1994. History The earliest predecessor of the Federal Court was the Court of Judicature of Prince of Wales' Island (now Penang), Singapore and Malacca, which was established by the Second Charter of Justice, issued by the Crown as letters patent dated 27 November 1826. The Court was presided over by the Governor of the Straits Settlements and Resident Councillor of the settlement where the court was to be held, and another judge called the Recorder. The Third Charter of Justice of 12 August 1855 reorganised the Court, providing the Straits Settlements with two Recorders, one for Prince of Wales' Island and the other for Singapore and Malacca. Following the reconstitution of the Straits Settlements as ...
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Malaysian Malays
Malaysian Malays ( Malay: ''Melayu Malaysia'', Jawi: ) are Malaysians of Malay ethnicity whose ancestry originates wholly or partly in the Malay world. In 2015 population estimate, with the total population of 15.7 million, Malaysian Malays form 50.8% of Malaysia's demographics, the largest ethnic group in the country. They can be broadly classified into two main categories; ''Anak Jati'' (indigenous Malays or local Malays) and '' Anak Dagang'' (trading Malays or foreign Malays). The local Malays consist of those individuals who adhere to the Malay culture native to the coastal areas of Malay peninsula and Borneo. Among notable groups include the Bruneians, Kedahans, Kelantanese, Pahangite, Perakians, Sarawakians and Terengganuans. On the other hand, the foreign Malays consist of descendants of immigrants from other parts of Malay archipelago who became the citizens of the Malay sultanates and were absorbed and assimilated into Malay culture at different times, aided ...
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Lina Joy
Lina Joy is a Malay convert from Islam to Christianity. Born Azlina Jailani on 28 July 1964 in Malaysia to Muslim parents of Javanese descent, she converted at age 26. The Lina Joy case sparkled a debate about apostasy in Malaysia,Lina Joy affair sparks apostasy debate among Muslims', AsiaNews, 20 augustus 2006 and her failed legal attempt to not have her religion listed as "Islam" on her identity card is considered a landmark case in Malaysia.Path to leave islam simple but far from easy', The Malay Mail Online, 12 July 2014 Court case In 1998, Joy was baptised and applied to have her conversion legally recognised by the Malaysian courts. Though her change of name was recognised in 1999 and so noted on her identity card, her change of religion was not (for lack of a Mahkamah Syariah confirmation document). For this reason, she filed suit with the High Court in 1999, bypassing the Syariah court. She later filed suit with the Federal Court in 2006. Joy hopes to live openly as ...
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Freedom Of Religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom to change one's religion or beliefs, "the right not to profess any religion or belief", or "not to practise a religion". Freedom of religion is considered by many people and most nations to be a fundamental human right. In a country with a state religion, freedom of religion is generally considered to mean that the government permits religious practices of other sects besides the state religion, and does not persecute believers in other faiths (or those who have no faith). Freedom of belief is different. It allows the right to believe what a person, group, or religion wishes, but it does not necessarily allow the right to practice the religion or belief openly and outwardly in a public manner, a central facet of religious freedom. Fre ...
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Malaysian Ringgit
The Malaysian ringgit (; plural: ringgit; symbol: RM; currency code: MYR; Malay name: ''Ringgit Malaysia''; formerly the Malaysian dollar) is the currency of Malaysia. It is divided into 100 ''sen'' (formerly ''cents''). The ringgit is issued by the Central Bank of Malaysia. Etymology The word ''ringgit'' is an obsolete term for "jagged" in the Malay language. The word was originally used to refer to the serrated edges. The first European coins to circulate widely in the region were Spanish "pieces of eight" or "cob", their crude appearance resembling stones, hence the word jagged. The availability and circulation of this Spanish currency were due to the Spanish controlling nearby Philippines. An early printed source, the ''Dictionary of the Malayan Language'' from 1812 had already referred to the ringgit as a unit of money. In modern usage, ''ringgit'' is used almost solely for the currency. Due to the common heritage of the three modern currencies, the Singapore dollar ...
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Apostasy
Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous religious beliefs. One who undertakes apostasy is known as an apostate. Undertaking apostasy is called apostatizing (or apostasizing – also spelled apostacizing). The term ''apostasy'' is used by sociologists to mean the renunciation ''and'' criticism of, or opposition to, a person's former religion, in a technical sense, with no pejorative connotation. Occasionally, the term is also used metaphorically to refer to the renunciation of a non-religious belief or cause, such as a political party, social movement, or sports team. Apostasy is generally not a self-definition: few former believers call themselves apostates due to the term's negative connotation. Many religious groups and some states punish apo ...
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Inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officially bequeathing private property and/or debts can be performed by a testator via will, as attested by a notary or by other lawful means. Terminology In law, an ''heir'' is a person who is entitled to receive a share of the deceased's (the person who died) property, subject to the rules of inheritance in the jurisdiction of which the deceased was a citizen or where the deceased (decedent) died or owned property at the time of death. The inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. However, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid (for example, some states do not recognise handwritten wills as valid, or only ...
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Syariah Court
Syariah (the Malay spelling of "Sharia") refers to Sharia law in Islamic religious law and deals with exclusively Islamic laws, having jurisdiction upon every Muslim in Malaysia. The Syariah Court system is one of the two separate court systems which exist in the general Malaysian legal system. There is a parallel system of state Syariah Courts, which have limited jurisdiction over matters of state Islamic law. Syariah Courts have jurisdiction only over Muslims in matters relating to family law and religious observance, and can generally only pass sentences of not more than three years' imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane. Article 145 of the Malaysian constitution says the Attorney General of Malaysia has no power over matters related to the Syariah Courts. There are three levels of the courts: Appeal, High, and Subordinate. Unlike Malaysian civil courts, which are federal in scope, Syariah Courts are primarily established by individua ...
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