Q.
To what extent is common law or English Law applicable in Malaysia?
A.
When Malaysia was formed in 1963, there were 3 separate statutes authorizing the application of English Law:
- the Civil Law Ordinance 1956 in Peninsular Malaysia;
- the Application of Laws Ordinance 1951 in Sabah; and
- the Application of Laws Ordinance 1949 in Sarawak.
Thereafter, the formation of Malaysia, the Civil Law Ordinance 1956 was extended to Sabah and Sarawak by the Civil Law Ordinance (Extension) Order 1971 with effect from 1 April, 1972.
Today, it is the Civil Law Act 1956 (Act 67) (Revised 1972) (CLA 1956) incorporating all the 3 earlier statutes which is the statutory authority for the application of English Law throughout Malaysia. The key sections are section 3, 5 and 6.
However , there are certain areas where CLA 1956 would not be applicable. For example in administration of Land Matters.
Ref:
Wan Arfah Hamzah (2009) A First Look at the Malaysian Legal System. Oxford Fajar. Pg: 128-129.