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30 June, 13:50

In a theocracy like Malaysia, what is a dual system of law?

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  1. 30 June, 15:15
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    criminal law a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions. dual court system the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts.
  2. 30 June, 16:48
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    In Malaysia, dual system of law means that it has a legal system that mixes both secular laws with the Shariah, the islamic law.

    Explanation:

    Malaysia's law can be divided into two types: written law and unwritten law. Written law refers to legal norms that have been codified in the Constitution or legislation. The unwritten law refers to standards that are not present in codes but in case law: the common law. In situations where no law is applicable, Malaysian case law applies, and if there is no applicable Malaysian jurisprudence, British jurisprudence applies.

    In addition, Article 3 of the Federal Constitution also stipulates that Islamic law falls within the scope of state laws, except for the Federal Territory (Islamic law of the Federal Territory is the responsibility of the federal government). Islamic law is based on Shariah and the relevant courts are known as Islamic courts. On the whole, the role of Islamic Shariah in the Malaysian legal system is relatively small, that is, it applies only to Muslims.
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