REFLECTION LAW033

LAW 033
INTRODUCTION TO MALAYSIAN LEGAL SYSTEM

ASSIGNMENT : REFLECTION SO FAR

PREPARED BY :



ANIS AFRINA BINTI AZRUL (2022845702)
NURIN BATRISYIA BINTI SHAHLAN ARIFF (2022840042)

NUR MIRZA AFRINA BINTI ZAMRI (2022485408)
SAFIDATUL HASANAH BINTI MOHAMMAD RAFI (2022605592)

PREPARED FOR :
MADAM ATIFAH BINTI OTHMAN

LAW 033 INTRODUCTION TO
MALAYSIAN LEGAL SYSTEM

REFLECTION

OUR
EXPERIENCES

This magazine highlights our experiences and

our reflection during our journey of learning

the Introduction of the Malaysian Legal

System.

FROM
THE
INSIDE OF
OUR
HEARTS

Weekly Reflection | LAW 033

TABLE OF
CONTENTS

INTRODUCTION TO MALAYSIAN LEGAL SYSTEM

CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 & 5

Story on...

01 CHAPTER 1
02 CHAPTER 2
03 CHAPTER 3
04 CHAPTER 4

05 CHAPTER 5
06 CHAPTER 6
07 RECOMMENDATION

Emotions Displayed

Confused Excited Relieved

SELECT SELECT SELECT

From us :
Anis Afrina | Nurin Batrisyia | Nur Mirza Afrina | Safidatul Hasanah

LAW 033 Chapter 1 REFLECTION

Introduction This chapter provides an introduction to the
to Legal Malaysian legal system of the world. We
System of learn about how the legal system works
around the world and how Malaysia
adapted the legal systems of other countries
and implemented them in our own country.

the World

01 Furthermore, this chapter discusses the From our perspective :
history of the civil legal system
and the common legal system, as well as where they This is the first chapter that we learned
originated. This chapter also introduces us to the when we first started our class. At that
characteristics of the civil legal system and the time, we were a bit clueless as we did
common legal system. It then further explains the not have our manual yet and we only
advantages and disadvantages of the common legal referred to the lecturer’s slide. We
system and the civil legal system. found it difficult to understand at first
because this was our first time learning
Apart from the common legal system and the civil about law. However, with revision and
legal system, there is also the religious legal system. guidance from our lecturer, we get to
The religious legal system varies according to understand this chapter excellently. In
different religious beliefs. For Islam, the main religious terms of our bond with our classmates,
laws are the Shariah, the Halakha for Judaism, and we did not get along well with each
the Canon Law for Christianity. There are a lot of other at first since we still did not know
religious laws, but the one that we learned is the everyone well. Eventually, day by day,
Islamic law. Islamic laws are entirely based on two the bond among us slowly bonds as we
primary sources: the Quran and the Sunnah.Countries get to know each other and get along
that adopt Islamic law as their legal system are Iran, pretty well.
Saudi Arabia, Nigeria, Pakistan, and Sudan. There
are also differences between religious and man-
made law based on the concepts of sources, nature,
dispute, and punishment.

LAW 033 REFLECTION

Chapter 2

System
of
Justice

From Our Perspective

In this chapter, we learnt about the definition of
systems of justice and its types. We also learnt
about features and differences or adversarial and
inquisitorial systems as they are two separate
systems of justice. We can see that each systems of
justice plays role accordingly and even though it
have different views, at the end of the day, the
systems still come with one conclusion which is
justice. We also got to know about types of
litigation. Here, we can saw that there are few
procedures before we can charged or sues
someone.

01 We’ve such a pleasure time learning What we feel is the highlight part about this chapter is
this chapter. We learnt a lot on how when we have to remember the landmark cases in locus
to file a suit or making sure that the standi and cause of actions. It was exciting to learn
report we made is valid and about the real cases and how the court referred to the
acceptable by the court. It is not an case when handling some cases regarding locus standi.
easy way to do that, so by learning We are still a bit blank as we just new into this course
them, we exactly knew how the and we still make ourselves comfortable but as we go,
procedures is done. we become more and more familiar with the topic and
it becomes much easier for us to understand the topic
Not just that, we also learnt about how to and we had so much fun learning it. It was an
understand cases. There are 5 preliminary experience for us even though it was hard for us at first.
matters that need to be included when And that’s what makes us the person we are now.
understanding the cases or else it will be
dismissed by the court as there is no sufficient
evidence to charge someone.

CLASSIFICATION OF LAW

C3

LAW 033 CHAPTER 3 REFLECTION

In the process of making the video, INTRODUCTION
we use Canva application as in our
knowledge, Canva would be the Basically, this chapter is about Classifications of Law. An easy way to
most suitable app to help us finish put on what classification of law is few categories into which all
this assignment since it has variety areas of law can be put together. Not to forget, classification of law
of functions and many beautiful includes all types of law, but at the same time distributes them
templates that can make our video according to a unique and particular characteristic. As we all know,
look better and astonishing in the everything in the universe has its own purpose. In this case, the
eyes of the audience. If we want to purpose for classification of law is to determine types of procedures
talk about the process, it was easy that will be involved if certain actions to be taken in certain cases, to
to find the legal issues in the determine types of remedies available to compensate the parties
movies but to be honest, it was a that deserved it and lastly to explain our rights and requirements
little bit hard to find the suitable under certain classification of law. In this chapter, the classification
classification of law for those legal of law can be divided into seven categories. This can help us to
issues since we just learn about it classify the law better and understand each of the category. Once
and have little knowledge about it understand it better, we can know which classification of law to
during that particular time. apply and when to apply it to any given legal issue.
However, after searching about it
more online and have few more FINISHED OUR PRESENTATION!
reading on it, it became easier to
classify the law for those legal During this chapter, we were given assignment to
issues. Not to forget the task to watch movies and find three legal issues from three
relate it according to Malaysian types of scenes in those movies. Our task was to
Law, we need to do more reading classify the law according to the suitable
since we do not have much classification of law for those three legal issues and
knowledge when it comes to relate it according to Malaysian Law.
Malaysian Law yet, it was hard and
tiresome but everything was worth
it since we are able to understand
Malaysian Law better than before
and able to relate it with our chosen
legal issues. We believe that it was
our teamwork and the need to
succeed that help us to finish this
assignment.

Chapter 4

SOURCES OF LAW

NEVER UNDERESTIMATE Next, we also have the chance to learn
THE POWER OF about subsidiary legislation, which acts
CHAPTER 4! to support our main legislation. It is
fascinating how this subordinate
Chapter 4 is extremely helpful in understanding legislation helps save time and focus only
the origins of law for our legislation.The diversity on specific areas. Furthermore, the
of law, from written to unwritten, aids our making of subsidiary legislation is
understanding of how the law functions as a nothing to worry about as it is in the
whole. hands of experts.

Firstly, written law played a big role in our Besides that, Malaysia also has
legislation, as it is the most important source of "unwritten law," which is still part of
law. The law itself is enacted by legislative Malaysian law but not written or enacted
bodies or delegated authorities, which consist by the Parliament or state assemblies.
of the federal constitution, state constitutions, There are various types of unwritten law,
legislation, and subsidiary legislation. These including English law, customary law,
laws help ease the legislative process in judicial precedent, and sharia law.
Malaysia. Not only that, we are amazed with English law forms part of the laws in
how the amendment process works. This shows Malaysia. English law can be divided into
that our country really prioritises democracy. two parts: English commercial law and
English land law. While customary law is
valid as it is beneficial to maintaining a
cohesive society, When approaching
judicial decisions, judges do not decide
arbitrarily. Instead, they are bound to
follow certain accepted principles known
as precedents. Moreover, Islamic law has
become a major source of law in Malaysia,
as stated in the holy book Al-Quran.

In conclusion, at the end of the chapter,
we have a broad knowledge of the
sources of law in Malaysia. This helps us
better understand the making of laws in
Malaysia.

LAW 033 CHAPTER 5 REFLECTION

LEGAL INSTITUTION

Let's see the court! Our Perspective

This chapter helps us to understand better about What are our thoughts
the legal institution and the Malaysia's court while learning this chapter?
hierarchy. The court hierarchy starts from federal
court, court of appeal, high court, session court At the end of this chapter, we
and lastly the magistrate court. We also learnt learnt about the legal
that there are court for special jurisdiction such profession and education in
as the Syariah court, court for children, Martial Malaysia. For us, Madam
Court, Special Court and Native court which the Athifah gives a really good
one and only native court are only established in explanation on the
Sabah and Sarawak. qualifications and requirement
in pursuing in a legal profession
In addition, we also learnt that there are also in the future. This chapter
other legal based institution which are the inspire us to become a judge,
Attorney General Chamber (AGC). The Attorney attorney and we are dreaming
General Chamber is the office of the Attorney big to become an Attorney
General of Malaysia. We learnt the responsibility general and Chief Justice in the
in being an Attorney General who plays an future!
important role in the Malaysia's Law system.
Slide 3 of 4

Chapter 6

ALTERNATIVE DISPUTE
RESOLUTION

CHAPTER OVERVIEW OUR PERSPECTIVE

Now, to the last chapter of Introduction to Malaysian This chapter is not that lengthy but rather confusing. To be
Legal System which is Chapter 6. This chapter teach us very honest, it was challenging to understand as it has quite
about Alternative Dispute Resolution (ADR). Basically, few things to comprehend. This chapter taught us that
ADR is a term used to describe several different other than going to the court to settle dispute, there are
methods of resolving legal disputes without going to other ways to resolve the problem. On the brighter side, we
court. Easy way to put it is that ADR are processes and were able to gain new knowledges as before this topic, we
techniques that act as means for disagreeing parties to thought settling disputes is only able to do in court. These
come to an agreement by means other than litigation. four types of ADR opened our mind on so many unfamiliar
ADR consists of four types which is Negotiation, things. We were also taught on what are the functions,
Mediation, Conciliation and Arbitration. Parties to the effects of each type of ADR, what legislations to support
suit can view ADR as something that it is more flexible, each ADR and the procedures for each of it. This is very
reduced time in dispute. Not only ADR can reduce costs crucial for us to learn as it will become one of our practice
and stress in relating to the dispute resolution but it can once we become a legal practitioner. Upon finishing the
also be kept as confidential. However, nothing is perfect chapter, we were also enlightened to learn the advantages
in this world. ADR can also be detrimental to the parties and disadvantages of Alternative Dispute Resolution.
in dispute since there is no binding precedent and the Learning both of these will help us to know how and when
rules of evidence are not applicable. Also, the would be to use ADR. We believe that someday it will be useful to us.
no guarantee of resolution except arbitration. To conclude, this very last chapter is a perfect ending for
LAW033 as learning Alternative Dispute Resolution gives
quite a number of new information which we never know or
heard before.

LAW033 |
REFLECTION

By Anis | Safi | Batrisyia | Mirza

BASED ON ALL OF THE
CHAPTERS

Overall, this subject introduces the All in all, we think that all
chapters are easy to
Malaysian Legal System understand as it is provided
with landmark cases which
accordingly according to the makes the topics more
interesting.
syllabus provided. The syllabus and

chapters introduced really helps

the students to understand about

how the Malaysian legal system

works in Malaysia accordingly to

our level of understanding.

In addition, from the chapter of INTRODUCTION
Introduction of legal system of the TO MALAYSIAN
world, system of justice, LEGAL SYSTEM
classification of law, sources of law,
legal institution and alternative LAW033
dispute solution provides detailed
explanation to ensure we
understand about the topic
discussed.

What's Our

RECOMENDATION?

Its been wonderful and we are very
grateful for being granted with a
lecturer like Madam Atifah because
she always gives us the motivation to
study and further understands the
topics. We would suggest that

Madam Atifah discuss more on
tutorials so that we could further
understand the way to answer the
questions more effectively. Overall,
madam Atifah is very helpful and

lovely as well! its been great
learning from madam Atifah.

“Thank you Madam Atifah ! ”
from us :D

THE END