MALAYSIAN LEGAL SYSTEM (Tutorial) Legal History SS and Malay States

Question 1It was observed from the analysis of the cases in the Straits Settlements that there was a general reluctance to accommodate local circumstances and the needs of the local inhabitants though judges repeatedly proclaimed the policy of modifying the application of English law to prevent injustice and oppression.Comment the above statement in light of decided cases.

Question 2Explain the significance of the Charter of Justice, 1855 in the transformation of the administration of justice in the Straits Settlements.

Question 3With the appointment of British Residents and Advisors in the Federated and Unfederated Malay States, respectively, legislations were enacted for the establishment of courts, the appointment of English trained judges and the importation of the British Indian statutes into the above States. In many cases, judges and lawyers, having no firm grasp of Islamic law, had enforced the English common law, in the absence of statutory provisions. The primary aim of these measures was to facilitate British trade aside from the exploitation of natural resources of these States. The cumulative effect of the above measures was the marginalization of Islamic law to the realm of personal law.

Discuss.

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