Topic > Unwritten Law in Malaysia - 1605

Unwritten law means law which is not enacted by the legislature and cannot be found in written law. Unwritten law consists of common law or English law, judicial precedents and customary law. Part of the law in Malaysia is formed from English law. There are two conditions for applying English law in Malaysia where there are “gaps” in local statutes covering the same matters or the law adapts to local circumstances. There are two conditions for applying English law in Malaysia. First, there is a gap in local laws governing the same matter and the law adapts to local circumstances. Judicial precedents are the decisions of the higher courts which are the federal court, the court of appeal and the high court. There are two categories of binding and persuasive judicial precedents. As binding, all decisions of higher courts bind lower courts. High courts are bound by their decisions. While being persuasive, High Court judges are not required to follow the decisions of another High Court