Malaysia: IALS Library Guides

Guide last updated by Katie Radford, March 2025

Malaysia is a constitutional monarchy, consisting of thirteen states: eleven on the Malaysian Peninsular and two (Sabah and Sarawak) on the nearby island of Kalimantan. Both Sabah and Sarawak, as well as two peninsular states (Malacca and Penang) were British colonies, whilst the remaining nine states were hereditary principalities.

In addition to these thirteen states, Malaysia also has three federal territories: Kuala Lumpar, Putrajaya and Labuan. These territories, unlike the other states, are governed directly by the federal government. 

Because of colonial influences and the development of different states at different times, the Malaysian legal system is primarily based on English Common law. However, it also recognises and includes native customary laws and provides for Islamic Law in all states except the Federal Territories of Kuala Lumpar, Putrajaya and Labuan.

This guide attempts to unpack the country's legal materials and provide a guide to the Malaysian resources at IALS Library. 

A detailed chapter on the history of Malaysian law written by Tsun Hang Tey can be found in Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations by E An Black (CUP 2011).

At IALS Library, Malaysian legal materials can be found at classmark GM4. This classmark is then further divided by state:

Federal Constitution

The written Federal Constitution of Malaysia is the supreme law of Malaysia. It establishes the country as a constitutional monarchy with an elected head of state (the Yang di-Pertuan Agong). The constitution is modelled on the British Westminster system of parliamentary government and it organises the three main branches into legislative, executive and judicial authorities.

The constitution came into force in August 1957, the same month that the Federation of Malaya gained its independence. The constitution was significantly amended in 1963 when Sabah, Sarawak and Singapore joined the Federation and modern Malaysia was formed (Singapore left the Federation in 1965, although Sabah and Sarawak remained). IALS library holds a print copy of the Constitution of Malaysia 1963.

World Constitutions Illustrated, available on the database HeinOnline, is a reliable source for constitutions, and includes both current and previous versions. The Constitution of Malaysia can be found here, along with consolidated versions and amending laws. HeinOnline is available onsite to academic users and remotely for University of London staff and students with a valid IALS Library card.

State Constitutions 

Each state also has its own constitution, some of which can be found online on the State Attorney Generals' websites, for instance the Constitution of Sabah.

The Malaysian judiciary is divided into the Superior (appellate) Courts and the Subordinate Courts. 

The Superior Courts consist of the Federal Court, the Court of Appeal and the High Court (Malaysia and Sabah & Sarawak).

The Subordinate Courts include the Sessions Court and the Magistrates' Court.

There is a parallel system of state Syariah Courts which has limited jurisdiction over matters of state Islamic (sharia) law.

The Federal Court is the highest court. It has the power to hear appeals from the Court of Appeal, hear original matters and give opinions on any questions by the Yang di-Pertuan Agong.

The Court of Appeal has jurisdiction to hear appeals from the High Court in relation to criminal or civil matters.

In the exercise of its original criminal jurisdiction, the High Court has power to hear cases involving the death penalty. In civil cases it has original jurisdiction to hear all cases beyond the Sessions and Magistrates' Courts. The High Court has jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters.

The Session Court is the highest of the subordinate courts. It has jurisdiction to hear all criminal cases with the exception of those subject to the death penatly. It can try civil cases where claims are less than RM 1,000,000 but more than 100,000. 

The Magistrates’ Court deals with minor civil and criminal cases.

The Syariah Courts consist of a Court of Appeal, a High Court and Subordinate Courts. It has some civil and criminal jurisdiction, only applicable to Muslims and usually concerning matters of family law. 

Further information on the courts structure and jurisdiction of the courts can be found on the website of the Office of the Chief Registrar, Federal Court of Malaysia.

Primary and secondary legislation is produced both at a federal and state level, with the exceptions of the three federal territories of Kuala Lumpar, Putrajaya and Labuan who do not have state assemblies and are governed directly by the federal government. The Constitution states that a federal law shall prevail over any inconsistent state laws, including sharia laws.

Primary legislation

IALS library holds hard copy Malaysian legislation from 1877-1992:

Laws of the Federated Malay States (1877-1920)

Federal Enactments (1909-1941)

Laws of the Federated Malay States (1935-1939)

Ordinances (1946-1947)

Federal ordinances and state settlement enactments (1948-1963)

Acts of Parliament (1964-1992)

More recent legislation can be found online (further information below)

Subsidiary legislation

IALS library holds the following in hard copy:

Rules, Orders, Etc. (1909-1946)

Subsidiary legislation and other legal notifications (1947-1948)

Federal subsidiary legislation (1949-1963)

Federal subsidiary legislation (1964-1992)

The Gazette

Primary and subsiduary federal legislation is published in the Gazette supplement. The Gazette is published in multiple parts, several of which contain legislation. The Acts Supplement contains all acts of parliament as well as all ordinances promulgated by the Yang di-Pertuan Agong. Legislative Supplement A (known as PU(A)) contains all Royal Proclamations, orders, rules, regulations and by-laws, whilst the Legislative Supplement B (known as PU(B)) contains all subsidiary legislation other than that which is required to be published in the Legislative Supplement A and generally deals with appointments and notifications. Therefore, researchers may note that there are volumes marked 'A' and 'B' at the GM4.E.4 classmark.

Online

The Federal Legislation Portal is made available by the Attorney-General’s Chambers. It provides all subsidiary legislation [P.U.(A) and P.U.(B)] which are made under federal laws commencing from 26 April 2011 and all legislation (Principal Acts and Amending Acts) passed by Parliament starting from March 2011. The site is available in English or Bahasa Malaysia. Users are reminded that the legislation downloaded and printed from this portal do not constitute copies of the Gazette printed by the Government Printer.

CommonLII contains some selected legislation from 1914-2006 (last updated: 2010).

Lexis+ International is available onsite to academic library members (offsite access is available for IALS students, staff and fellows) and contains the Unannotated Statutes of Malaysia (in English). The Unannotated Statutes of Malaysia includes Principal Acts, Subsiduary Legislations, Pre 1967 Ordinances, Bills and Amendments.

Each of the thirteen Malaysian states has its own state legislative assembly which has the power to enact state laws. (The three federal territories of Kuala Lumpar, Putrajaya and Labuan do not have state assemblies and are governed directly by the federal government). State laws only apply in the particular state and the Constitution states that a federal law shall prevail over any inconsistent state laws, including sharia laws.

Consolidated state laws

IALS has consolidated State Enactments in hard copy from 1959-1974 and consolidated State Subsidiary Legislation from 1951-1978.

Malaysia Central provides links to each of the states' government websites, some of which publish state legislation. Those that do are linked below.

IALS also has hard copy legislation from each state, which is mainly historical, as listed by state below. This covers the periods indicated in brackets, although holdings are not complete in many cases. See the links to the library catalogue provided for more information on dates held. 

Johore

Johore laws (1935, 1938)

Johore enactments (1907-1935, 1937-1939, 1940-1971)

Johore subsidiary legislation (1936-1937, 1965-1971)

Kedah

Kedah laws (1934-1940)

Kedah enactments (1906-1943, 1948-1990)

Kedah subsidiary legislation (1926-1991)

Kelantan

Kelantan enactments (1904-1984, 1986-1990)

Kelantan Subsidiary legislation (1927-1984, 1987-1991)

Malacca

Malacca enactments (1948-1990)

Malacca legal notices (1964-1990)

Negeri Sembilan

Negeri Sembilan laws (1883-1902)

Negeri Sembilan enactments (1896-1922, 1949-1990)

Negeri Sembilan orders and regulations (1883-1895)

Negeri Sembilan rules under enactments (1903-1909, 1974-1991)

Sabah (and North Borneo)

Sabah was known as North Borneo between 1888-1963, during which time it was a protectorate of the United Kingdom and, later, a crown colony. After 1963 it merged with a number of other states to join the Federation of Malaysia as the state of Sabah. IALS library holds material for Sabah since 1963 and during the period from 1888-1963 when it was known as North Borneo.

North Borneo laws, ordinances, rules, etc. (1881-1953)

North Borneo ordinances (1890-1962)

North Borneo subsidiary legislation (1915-1948, 1951-1956)

Sabah laws (1963-1990)

Sabah subsidiary legislation (1982-1987)

See also:

Laws of Sabah - Sabah LawNet belongs to the Sabah State Attorney-General's Chambers, which includes a database of Sabah Law.

Sabah State Government Gazette website belongs to the State Government Printing Department. The legislation in the website is published every Thursday and is available from the year 2000.

Pahang

Pahang laws (1896-1951, 1974-1990)

Pahang subsidiary legislation (1974-1991)

Penang

Penang enactments (1948-1951, 1974-1990)

Penang subsidiary legislation (1974-1990)

Perak

Perak laws (1877-1903)

Perak enactments (1897-1920, 1948-1952, 1974-1991)

Perak subsidiary legislation (1974-1991)

Sarawak

Sarawak orders and ordinances (1936-1991)

Sarawak subsidiary legislation (1941, 1946-1991)

Sarawak subsidiary legislation [consolidation] (1963)

See also:

Sarawak Lawnet is the official Sarawak Government website for Statutes of Sarawak and is provided and maintained by the Sarawak State Attorney-General's Chambers.

Selangor

Selangor laws (1877-1899)

Selangor regulations (1890-1990)

Selangor subsidiary legislation (1974-1991) 

Perlis

Perlis enactments (1905-1954, 1974-1990)

Perlis subsidiary legislation (1934-1938, 1974-1991)

Terengganu

Terengganu enactments (1910-1951, 1955)

Terengganu subsidiary legislation (1974-1991)

Singapore and Straits Settlements 

While Singapore is now an independent state, it became a Malaysian state between 1963 and 1965. IALS has a substantial amount of Singaporean legislation, which is detailed in our Singapore Libguide and is located at GM4m. Historical material from the Straits Settlements is also discussed in the Singapore Libguide, and is located in IALS library at GM4n.

The Malayan Law Journal Reports (FOL GM4.J.1) provides full text reports of cases from the Federal Court, Court of Appeal, and the Malaysian High Court (in all states). IALS library has Vol.1 (1932) - current. It can also be accessed onsite through Lexis+ (via the Law Databases page), along with the Malayan Law Journal Unreported. The Malayan Law Journal Unreported (MLJU) is a series of unreported raw judgments from the Federal Court, Court of Appeal and High Court not found on MLJR. These judgments do not carry headnotes but have been included for online research.

Historical cases can also be found in The Law Reports of the Federated Malay States (1906-1941) and The Law Reports of the Malayan Union (1946-1947) and the Malayan law reports (1950-1954).

State Reports

IALS holds a small number of case reports from individual states:

Johore: The Law Reports of the State of Johore (1915-1940)

Sabah: Cases on Native Customary Law in Sabah (1953-1972) and High Court of North Borneo Law Reports (1939 only)

Sarawak: Sarawak, North Borneo and Brunei Supreme Court Reports (1928-1963, incomplete) 

Online

SCC Online contains full text of the judgments of the Federal Court of Malaysia, Court of Appeal, and selected judgments of the High Court. SCC Online is available onsite and remotely to all academic members.

As well as those cases available on the commercial databases, CommonLII makes available some decisions from the Court of Appeal, the Federal Court and the High Court. CommonLII also publishes some decisions of the High Court of Sabah and Sarawak.

The Chief Registrar's Office provides links to the different state court websites, where some selected judgments are available.

Halsbury’s Laws of Malaysia published by LexisNexis (which is equivalent to the Halsbury’s Laws of England) provides narration of the law, whereby statements of the law are substantiated by authorities in the form of cases, legislation and rules of court where applicable. Volumes are regularly reissued in order to keep the set up-to-date. IALS has a current set at GM4.H.4 as well as previous volumes at RES GM4.H.4.

IALS Library holds textbooks on a wide range of subjects within Malaysian law. These can be found at the classmark GM4. IALS also has access to a number of e-books on Malaysian law, which can be found in the Library Catalogue.

Some materials specific to Syariah Law in Malaysia can also be found at the GM4 classmark, however IALS has a more extensive section on Islamic Law (not specific to Malaysia) at classmark SI5. 

Some examples of titles include: 

Arjunan K, Modern company law in Malaysia (LexisNexis 2019)

Badaruddin DN, Kumar SS and others (eds), Judicial review in Malaysia: case commentaries on key topics (Sweet & Maxwell 2024)

Harding A, The constitution of Malaysia: a contextual analysis (Oxford 2022)

Mei Pheng L, Detta Samen D and Jeron Detta I, Banking law (LexisNexis 2019)

Moustafa T, Constituting Religion: Islam, Liberal Rights, and the Malaysian State (Cambridge University Press 2018)

Mustafa M, Environmental law in Malaysia (Wolters Kluwer 2022)

Powell R, Language choice in postcolonial law: lessons from Malaysia's bilingual legal system (Springer 2020)

Sarkar SC, Sarkar: Law of evidence (2nd Malaysia edn, LexisNexis 2019)

Sinnadurai V and Weng Tshung L, Law of contract (LexisNexis 2023)

Xavier G and Long JCF, Law and practice of arbitration in Malaysia (Sweet & Maxwell 2019)

The Malayan Law Journal contains journal articles alongside case reports and is available at IALS library from 1932 to present. Electronic access is also available onsite via Lexis+. Articles are paginated with Roman numerals to distinguish them from the case reports. From January 2002 onwards, separate 'Article Supplements' have been published on a monthly basis. IALS binds the article supplements at the end of each volume. 

Jernal Undang-Undang / Journal of Malaysian and Comparative Law is published annually by the Faculty of Law at the University of Malaya and is available in hard copy at IALS library from 1974 to present. An open access archive is available from the University of Malaya Faculty of Law and a small number of volumes (2002, 2004, 2005) are also available on CommonLII. The journal is also available on HeinOnline.

Survey of Malaysian Law was published annually by faculty staff at University of Malaya's Faculty of Law. It commented on cases and legislation from the years 1977-1988. IALS library holds print volumes from 1977-1988.

The Malaysian Journal of Law and Society (JUUM) is available online and published twice per year in April and September by the National University of Malaysia Press. Full-text is available from the online archive from 2001 to present with some earlier issues also available. 

Other journals are available that are published in Singapore and focus more on Singaporean law, but do also discuss Malaysia and other foreign, common law jurisdictions:

Singapore Law Review is Asia's oldest student-run legal publication, managed exclusively by the students of the National University of Singapore, Faculty of Law. This journal ran before Singapore's independence and was called Me Judice of which IALS Library has an incomplete collection from 1960-1967. The Singapore Law Review is available in print at IALS Library from 1969 to present. The journal is also available on HeinOnline.

Singapore Academy of Law Annual Review of Singapore Cases is an annual summary that evaluates decisions of the Singapore courts in the preceding year. Selected cases from other jurisdictions impacting local law are also discussed. It is available on HeinOnline from 2000.

The Singapore Journal of Legal Studies prints articles on both domestic and international legal developments. It is fully peer reviewed and is managed by its Editorial Committee drawn from the Law Faculty of the National University of Singapore with assistance and advice from eminent legal personalities from other institutions in Singapore and abroad. It is available in print at IALS Library from 1959 to present and some selected open access articles are available on the journal's website. The journal is also available on HeinOnline. It was previously titled University of Malaya Law Review (Vols. 1-3, 1959-1961) then Malaya Law Review (Vols. 4-32, 1962-1990).

In addition to the online resources mentioned elsewhere in this guide, researchers may find information relevant to Malaysian law in the following places.

GlobaLex has Introduction to the Malaysian legal system and sources of law written by Dr. Sharifah Suhanah Syed Ahmad, Associate retired Professor at the Faculty of Law, University of Malaya. The guide was published in 2012 (and updated in 2014) on the Globalex website and made freely available by the Hauser Global Law School Program at the New York University School of Law.

CommonLII contains some, often incomplete, materials including: legislation, Court of Appeal cases, Federal Court Cases, High Court of Malaya cases, High Court of Sabah and Sarawak cases, and selected journal articles from the Journal of Malaysian and Comparative Law.

CLJ Law database of Malaysia is an online database offered by Malaysia-based company CLJ Legal Network on a subscription basis. IALS library does not have a subscription. This English-language database aims to provide all Malaysian cases and federal acts. New bills, acts, subsidiary acts and amending acts are listed as they become available.

Eagle-i is a free to use dedicated portal to high quality legal information sources on the web, developed by the Institute of Advanced Legal Studies. Select Malaysia from the drop-down list of countries and there are a number of links to reliable online sources.

The award-winning FLAG Foreign Law Guide gives legal researchers details about holdings of foreign, international and comparative law in the UK's academic, national and specialist law libraries.