BIB 1002 : LEGAL STUDIES

List I - Federal List

1. External affairs

2. Defence of the Federation or any part thereof

3. Internal security

4. Civil and criminal law and procedure and the administration of justice

5. Federal citizenship and naturalisation

7. Finance

8. Trade, commerce and industry

9. Shipping, navigation and fisheries

10. Surveys, inquiries and research

11. Education

12. Medicine and health including sanitation in the federal capital

13. Labour and social security

14. Welfare of the aborigines.

15. Professional occupations other than those specifically enumerated.

16. Holidays other than State holidays; standard of time.

17. Tourism

18. Control of agricultural pests; protection against such pests; prevention of plant
diseases.

19. Newspaper, publications, publishers, printing and printing presses.

20. Censorship.
List II - State List

1. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and

Putrajaya, Islamic law and personal and family law of persons professing the

religion of Islam, including the Islamic law relating to succession, testate and

intestate, betrothal, marriage, divorce, dower, maintenance, adoption,

legitimacy, guardianship, gifts, partitions and non-charitable trusts; Wakafs

and the definition and regulation of charitable and religious trusts, the

appointment of trustees and the incorporation of persons in respect of Islamic

religious and charitable endowments, institutions, trusts, charities and charitable

institutions operating wholly within the State; Malay customs; Zakat, Fitrah and

Baitulmal or similar Islamic religious revenue; mosques or any Islamic public

places of worship, creation and punishment of offences by persons professing the

religion of Islam against precepts of that religion, except in regard to matters

included in the Federal List; the constitution, organization and procedure of

Syariah courts, which shall have jurisdiction only over persons professing the

religion of Islam and in respect only of any of the matters included in this

paragraph, but shall not have jurisdiction in respect of offences except in so far as

conferred by federal law, the control of propagating doctrines and beliefs among

persons professing the religion of Islam; the determination of matters of Islamic law

and doctrine and Malay custom.

Putrajaya, land including

(a) Land tenure, relation of landlord and tenant; registration of titles and deeds

relating to land; colonization, land improvement and soil conservation; rent

restriction;

(b) Malay reservations or, in the States of Sabah and Sarawak, native

reservations;

(c) Permits and licences for prospecting for mines; mining leases and

certificates;

(d) Compulsory acquisition of land;

(e) Transfer of land, mortgages, leases and charges in respect of land;

easements; and

(f) Escheat, treasure trove excluding antiquities.

3. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and

Putrajaya agriculture and forestry, including

(a) Agriculture and agricultural loans; and

(b) Forests.

4. Local government outside the Federal Territories of Kuala Lumpur, Labuan and

Putrajaya, including

(a) Local administration; municipal corporations; local, town and rural board and

other local authorities; local government services, local rates, local

government elections;

(b) Obnoxious trades and public nuisances in local authority areas

Putrajaya, other services of a local character, that is to say:

(a) Boarding houses and lodging houses;

(b) Burial and cremation grounds;

(c) Pounds and cattle trespass;

(d) Markets and fairs; and

(e) Licensing of theatres, cinemas and places of public amusement.

6. State works and water, that is to say:

(a) Public works for State purposes;

(b) Roads, bridges and ferries other than those in the Federal List, regulation of

weight and speed of vehicles on such roads; and

(c) Subject to the Federal List, water (including rivers and canals but excluding

water supplies and services); control of silt; riparian rights.

7. Machinery of the State Government, subject to the Federal List, but including

(a) Civil List and State pensions;

(b) Exclusive State services;

(c) Borrowing on the security of the State Consolidated Fund;

(d) Loans for State purposes;

(e) Public debt of the State; and

(f) Fees in respect of any of the matters included in the State List or dealt with

by State law.

8. State holidays.
9. Creation of offences in respect of any of the matters included in the State List or

dealt with by State law, proofs of State law and of things done thereunder, and

proof of any matter for purposes of State law.

10. Inquiries for State purposes, including commissions of inquiry and collection of

statistics with respect to any of the matters included in the State List or dealt with

by State law.

11. Indemnity in respect of any of the matters in the State List or dealt with by State

law.

12. Turtles and riverine fishing.

12A. Libraries, museums, ancient and historical monuments and records and

archaeological sites and remains, other than those declared to be federal by or

under federal law.

1. Social welfare; social services subject to Lists I and II; protection of women,

children and young persons.

2. Scholarships.

3. Protection of wild animals and wild birds; National Parks.

4. Animal husbandry; prevention of cruelty to animals; veterinary services; animal

quarantine.

5. Town and country planning, except in the federal capital.

6. Vagrancy and itinerant hawkers.

7. Public health, sanitation (excluding sanitation in the federal capital) and the

prevention of diseases.

8. Drainage and irrigation.

9. Rehabilitation of mining land and land which has suffered soil erosion.

9A. Fire safety measures and fire precautions in the construction and maintenance
of

buildings.
9B. Culture and sports.

9C. Housing and provisions for housing accommodation; improvement trusts.

9D. Subject to the Federal List, water supplies and services.

9E. Preservation of heritage.

Tutorial 1 Ans.

1. The system of rules which a particular country or community recognizes as

2. Malaysia practices the mixed legal system which consists of the Customary Law,
Islamic Law and Common Law. The sources of Malaysian legal system law are from
two different laws which are the Written and Unwritten Law.

In Malaysian Legal System, the most important source of law is the Written Law
which comprises of The Federal Constitution, State Constitutions, Legislation and
Subsidiary Legislation.Written Law refers to the law stated in the Federal
Constitution which is the supreme law of Malaysia and it enshrines the basic or
fundamental rights of the individual.Besides the Federal Constitution, every state has
their own constitution regulating the government of that state which is knows as the
State Constitution.The State Constitutions consists of provision listed in the 8th
schedule. The provision comprises the Ruler, the Executive Council, the legislature
and other related subjects like the Legislative Assembly, financial provisions, State
employees, and amendment of the Constitution.

Another source of Malaysian legal system law is the Unwritten Law.Unwritten law
consists of English Law, judicial decision and customs. Part of the laws of Malaysia
is formed by the English Law.However,the application of the law is subject for two
limitations where it is applied only in the absence of local statutes on particular
matters and only part of the English law that is suited to local circumstances will be
applied.
The third source is the Muslim Law which is applicable only to Muslims and is
administered by a separate court system, the Syariah Courts. Syariah Court is the
court which enforces the Islamic law relating to marriage, divorce and family matters.
It is bases on Quran and Hadith, Fatwa and Ijma Ulama.The Federal Constitution
provides that the States have the power to administer Muslim Law.

3.