ESSF0074 - Tutorial (27/11/2024)

Islamic law in Malaysia is primarily applicable to

• All citizens regardless of religion

• Constitutional disputes

• Personal and family matters for Muslims

• Criminal cases

Which aspect of the Malaysian legal system reflects the most significant influence from British colonial law?

• The Syariah Courts system

• The adversarial system of litigation

• The implementation of Hudud laws

• The establishment of the Sultanate

Which of the following statements best describes the dual legal system in Malaysia?

• Islamic law overrides civil law in all matters.

• Civil law applies only to Muslims.

• Civil law operates alongside Islamic law in specific areas.

• British law is entirely replaced by Islamic law in Malaysia.

The law governing Islamic matters at the state level in Malaysia is enacted by

• The Federal Parliament

• The Sultan or Yang di-Pertuan Agong

• The State Legislative Assemblies

• The National Fatwa Council

What is the primary legal source used in civil courts in Malaysia for areas where no written law exists?

• Islamic law

• English common law and equity

• Local customary law

• Religious edicts

What is the Latin term that is used to refer to a gap or a loophole in the local laws?

• Lex Loci

• Locus Standi

• Lacunae

• Res Judicata

Which of the following is a characteristic of an Act in Malaysia?

• It is applicable only in Sabah and Sarawak.

• It is enacted by the Dewan Rakyat and Dewan Negara.

• It is a directive issued by the Executive branch.

• It applies exclusively to local government laws.

1. What is the key difference between an Act and an Ordinance?

• 1. Acts are temporary, whereas ordinances are permanent.

• 1. Ordinances are passed during a state of emergency.

• 1. Acts are drafted by state assemblies, ordinances by Parliament.

• 1. Ordinances cannot be repealed.

Which of the following is enacted by the State Legislative Assemblies in West Malaysia?

• Federal Constitution

• By-laws

• Enactments

• Ordinances

Under which circumstances can ordinances have the force of law in Malaysia?

• When approved by the King without parliamentary debate.

• Upon the request of the Dewan Negara.

• During a state of emergency as declared under Article 150 of the Federal Constitution.

• When the State Legislative Assembly is dissolved.