Comparison Between Malaysia And The Republic Of Philippines Essay

1314 Words Apr 25th, 2016 null Page
“The Roles and Functions of the Judiciary: A Comparison between Malaysia and the Republic of Philippines”

The judiciary of Malaysia and the Republic of Philippines are similar, but owing to different historical influences, both judiciary systems have developed differently to perform the same purpose of upholding the law as enacted by the legislature alongside the executive.
The history of the Malaysian judiciary traces across three major timelines; that is, the pre-British colonial era, the British colonial period, and the post-independence of Malaysia. The pre-British colonial era saw the reign of the Malay Sultanates as its earliest record of an existence of a proper legal system for the administration of justice, where previously disputes were mostly settled by Rulers and Chiefs under Malay customary law. The reign of the Malacca Sultanate saw the adoption of Islamic law alongside its local customs as its main sources of law upon Islamization via Malacca as its central port. The Canon Law of Malacca and the Maritime Law of Malacca as developed by Malacca later influenced the development of law in many other Malay states in Malaysia, thus forming the roots of Islamic law in Malaysia’s legal system as seen today. As the country was governed by Islamic law, the Syariah courts were the only court system available , where Malay Rulers sat as judges and was assisted by a Mufti. The Rulers were also the highest court of appeal; similar to English common law prior to the…

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