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Tuesday, July 14, 2009

common law

Don’t ask me what is Common Law. Just find out at Wiki.


By the way, I want to know why we are using different Common Law in Malaysia?

In Peninsular we are using Common Law 7th April 1956.

In Sabah we are using 1st December 1951.

In Sarawak we are using 12th December 1949.


Can’t we choose one and use it for the whole Malaysia?  I want to ask the lecturer but the warning has been given in the module since it is not in the module scope.


  1. r u a law student, btw? just wondering~

  2. Balqissy - No. I am not :)

  3. I wiki-ed out the meaning of common law.... goodness know that I'm going to be in lala land before the end of first sentence. :p lols...

    Btw, why Sarawak use the oldest one? :p

  4. Witch - Do you still remember that we needed to use passport to go to Sarawak before? :)

    You must read all the agreement before independence.

  5. Oh no... I flunk history... haha...
    and anything related with law and agreement, I'll fall asleep and soon meet Shrek & Fiona in Far Far Away Land... :p

    Btw, it's good to have passport... hehe. Make one and come to Sarawak. :p

  6. Witch - LOL. Then you need passport to visit Peninsular too. Good eh?

  7. Common law, sound interesting... but, I dont know how to absord law study... It hard

  8. Zam - Law is not interesting LOL. Not at all.

  9. coz law in malaysia depends on are..territory...then pity la students need to recall so many laws...hahaha...such a DOdo bird....ooops

  10. Ary - Haha. Not so hard but it's confusing when you compare with other country as the terms are different even how the law works.

  11. Warning? Why warning? Are we in Hitler's university or something? :P

  12. JL - Because she said that it's out of the scope :P

  13. hi,

    i was doing my usual blog hopping when i came across ur blog.

    the date we first started to use common law is known as a cut off date.

    we have different cut off dates because when we traced back to history, sabah and sarawak were distinguished from malaya. they were considered as separate colonies. back then, law officers and judges were English. so they applied English law at different starting point.that is why we have different cut off dates for sabah, sarawak and semenanjung.

    hope that pretty much answer ur qstn,

  14. Thatsofarah - Well, after independence, we changed from ordinance to act which means we have the full power to change which common law (refer to the date)to use. Standardize it instead of using different one. Is there any solid reason we leave it that way?

    Furthermore common law is not a written law.

  15. Haha. Kena warning ke? Kesian dia.

    I don't know what is wrong with the education systems in Malaysia. Be it in college or in school, we have to know and only know whatever written in the syllabus. Is it wrong to know more?

    Or the lecturer knows nothing beyond the syllabus and warning given just for you not to question his/her credibility. Haha.

    My lecturers were very helpful back then. Even if they didn't know or not sure about it, they will always said, "I'll come back to you later regarding that." And they always came back with proper explanation and never once shut me down.

  16. I found this... there is some explanation but it doesn't tell why, though

    Read in another article the common law section was introduced before independence, actually. We just continued using it like normal. You know, you've got me very intrigued on this topic.

  17. Cahaya - Maybe because you were a full time student. But I couldn't agree more with you as actually they could give me the answer via email at least.

    By give me warning like this it won't help. In fact, it won't help the student who starts to love the subject. They should encourage us to love the subject instead of ignore us.

    But it's ok. I will try to find the answer by myself and if I'm lucky, some of the blogger might give me plenty of answers :)

  18. Terra - Yes it doesn't tell why. I think Malaysia can change the Common Law based on this:

    "But it is not stated that the Common Law and Law of Equity in Malaysia should remain unmodified and follow the same law as administered in England. Common law and law of equity in Malaysia should be developed and amended according to the local needs. In addition, these two laws should also take into account of changes in these laws in England. However, Malaysian government can set their own scope for the amended or repealed Common Law and Law of Equity in Malaysia."

    Great job Terra :)


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