LAW:033

PI007K15 ACADEMIC MAGAZINE NOV 2022

"SELF
REFLECTION"
GROUP 1
AUTHORS IN CHIEF
NOV EDITION

ANIS FATHEENI BINTI MUHAMAD ARIFF RASHID BIN RADIATUL FITRI

NAPIAH 2022699008
2022616834

HUDA RAFIAH BINTI ISA LUTH FIRDAUS BIN AZMEN

2022472148 2022481222
EDITOR

UMI NADZIRAH BINTI AZHAR

2022680684

I
 CONTENTS

MODULE
Learning activities 1

OVERALL EXPERIENCE
Up and down with Law 6

FROM A HEART TO
ANOTHER'S
"To my beloved K15..." 6
"Dear lecturers, " 6

TABLE OF
II
 MODULE:
LEARNING ACTIVITIES

WEEK 1
In the first week, we were given the manual
book and went through the chapters that are
inserted in order to get the idea what this
subject is about. We were also briefed by our
lecturer about the subject and the obstacles that
we are going to face ahead of time. To start our
lesson, we wee introduce to the types of legal
system of the world. Specifically we learnt about
the types of legal system that are Civil and
Common Legal System, Characteristic and the
pros and cons of these legal system.We were
provided with a bunch of slides and question
during the week to ease our understanding
about the topic. Other than that there were also
WEEK 2 tutorial classes that focuses on answering
questions that are given to help us recap and
In the second week, we continued boost our previous lessons.
our study in the next subtopic, which
is Adversarial &Inquisitorial Systems. WEEK 3
We were explained about the
During the third week we continued with
definition and types of features and
our syllabus and learnt about the types of
differences between these two Litigation that are Criminal and Civil
systems use in legal system. For litigation. We were also thought about the
Common Law Legal system, difference between these two
adversarial type of argument had been litigations.Lastly, we were thought about
practiced in the court while the preliminary matters. During our tutorial
inquisitorial system use in Civi Law in this week we were provided with
Legal system. There are also the problem solving questions and we are
advantages and disadvantages of both needed to apply what we have learnt about
type of system. the topic to give us some idea about the
questions that are going to ask in the
upcoming examination.

Page 1
 WEEK 4
For the fourth week of learning, we moved further in For our tutorial class, we did some exercises on
the discussion with a new chapter which is the classifications of law. Madam Hasni asked us to
classification of law. We were first briefed on the identify the classifications of law applicable in the
introduction to this chapter where a classification of situations given in the manual book. We work
law encompasses all types of law, but it distributes together to identify the types and relevant laws
them according to a particular unique that suits the scenario of the issue provided. Then,
characteristics. There are 8 different categories of we need to give our own justifications on the
classification of law but then our lecturer, Madam reason we chose that particular classification of
Atifah only focused on 4 categories for that law. I have to admit that it was quite difficult at
particular week. We were exposed to the common first to provide the reasons but we managed to
law and equity, national and international law, public get through it with the helps and guides that were
international law and private international law and given by Madam Hasni.
the last one is public law and private law.

WEEK 5 WEEK 6
In week 5 of our lecture, we focused on the In week 6, we open the book with a new chapter which is
second half of chapter 3 , which is still about the sources of law. We were first defined by the general
classification of law. In this week, Madam definition where sources of law means a place which
Atifah focused on another 4 types of law something comes in obtained. The places that laws can
which are Criminal and Civil law, Written and be found are statutes, law reports, textbooks, etc. Next,
Unwritten law, Substantive and Procedural law we learnt about sources of Malaysian law where it can be
and the last one is Syariah law. On this session divided into written and unwritten sources. On this week,
of 5th week lecture, I just found out that there Madam Atifah focused on Federal Constitution and State
are substantive and procedural law where Constitution under the written sources. First, Federal
substantive law governs the right among Constitution is the supreme law of the land. It consisted
individual. Once we bring the case to the of 183 articles with different parts of the Malaysian
court, it will become procedural law where it Constitution such as The States, Religion and Law of the
governs the procedure to enforce the rights. I Federation, Fundamental Liberties, Citizenship, Financial
learnt a lot of things on the 5th week. For Provisions, Judiciary and etc. All laws must be intra vires
example, the jurisdiction to try civil cases in the Federal Constitution. Any law that are inconsistent or
syariah courts is known as “Mal”. Syariah law ultra vires the Federal Constitution shall be void. Next,
also involves Syariah criminal offences such as there is also state constitution where all 13 states in
drinking and eating during Ramadhan. Next, in Malaysia has its own constitution. State constitution
our tutorial class, Madam Hasni handed us includes matters concerning the ruler, land matters,
with some exercises on classification of laws. agriculture, Islamic law etc. As mentioned before, the
The questions are quite tough for me. When enactments and ordinance made by the State Legislative
we discussed the answers, Madam Hasni Assemblies must be intra vires with the Federal
thought us how to tackle the questions by Constitution. Moving on to our tutorial class, Madam
using ILAC which is to define the issue, the Hasni assigned us with some Problem Base Questions
classification of law, the application and (PBQ) and some past year questions regarding chapter 1
conclusions. To conclude, on the 5th week, we which is introduction to legal system of the world and
can determine types of laws based on the chapter 2, system of justice as preparations for our mid-
situations given. We also know the procedures term test. I learnt a lot how to tackle the questions and
involves if any actions is to be taken and answer them accurately. I became more confident to sit
explain the rights and obligations under the for the examination with the helps and guides that has
classification of laws. been given by Madam Hasni.

Page 2
 WEEK 7
On week 7, we continued Federal level legislation
our lecture on the second was enacted by the
part of written source of Parliament while State
law which are legislation level enacted by State
and subsidiary legislation. Legislative Assembly.
Legislature is law that These two legislations
enacted by a body also has different
constitute for this characteristic such as
purpose. We realised where it can be apply,
there are two level of contain matters listed
legislature which are and what the laws are
Federal and State level. being called after
They are also enacted by enacted.
different body.

N ot just that, there are various types of There are also reasons on why
legislation too in Malaysia. Such as, ordinance, Subsidiary Legislation is matter
enactments and acts. There are also various and four modes of control of
types of Bills that we learnt. Which is public subsidiary

legislation. Such as
Bill, Private member’s Bill, Private Bill and Juidicial control, Legislative
Hybrid Bill. We also learn the process of control, consultation and
legislative in Malaysia which is pre publication. Our lecturer also,
parliamentary stage and parliamentary state. give us some exercise for us to
There is another legislation which is prepare for the Mid Term test
subsidiary legislation. . Subsidiary legislation next week . From the exercise,
was made by persons or bodies under we also got to learnt about the
powers conferred on them by Acts of technique and the answer
Parliament or Enactments of Assemblies. format for the examination.

Page 3
LESSON of
WEEK 8.
1 After mid term break, we don’t waste any time
and continue with the remaining part of
chapter 4 which is unwritten sources of law.
We were learning about English law this week.
The main reason why we need to study English
2 Next, we learnt about English
Commercial Law and English Land
Law. Now we have realised that
Law is because English Law was introduced in
there are many laws in our country
our system of law through British Colonization.
There are various types of English law that is that we have taken from English
applicable in our country. First, the English Law but there is limitation of the
common law and equity. English common law application of English Law in
is a body rules that developed by decisions of Malaysia which is absence of local
court based essentially on customs common
legislation, cut off dates and local
throughout England.
circumstances.

3 Not just that, judicial precedent

also has been discussed in this
week. Precedents are decision
made by judges of Superior Courts
There are three types of
precedent which is original
which the case is without
precedent and the judges
makes its own decision,
previously in similar situations. This
is important because the court will declaratory which the judge
not just simply make its own applies an existing rule without
decisions or judges do not decide extending it. And distinguish
arbitrarily but judges will follow when there is conflict of
certain precedent. decision, differences material
and the case is on appeal.

Page 4
INTRODUCTION TO MALAYSIAN LEGAL SYSTEM

WEEK 9 WEEK 10
The arrival of this week indicated that
T imes flies so fast. We didn’t realise
that it is week 9 now. We continue to
we were almost there to finish our first
semester . During the lecturer , Madam
learnt about Customary Law. Customary Atifah gave our class the 2 hours
Law can be defined as a regular pattern
lecture on Chapter 4 which is sources
of social behaviour which has been
of law . There are two types of sources
accepted by the bulk of given society as
binding upon its members, because such which are written and unwritten .
behaviour has been found to be During this lecture , Madam Atifah had
beneficial to maintain cohesive society. teach us how to read the Federal

Constitution in the right way . Other
There are many types of customary law
than civil law , our country also adapt
that has been practiced in Malaysia.
Which is Adat Pepatih , Adat Temenggung, syariah law which being classified
Chine and Indian Custom and Native under unwritten sources . This
Custom. Adat Pepatih was practiced by a indicated that our country also
rural community in the hinterland of practiced this type of law in our
Negeri Sembilan. Adat Pepatih prioritised country . On the other hand , during
women rather than man. Meanwhile, Adat our tutorial , Madam Hasni gave us a
Temenggung was practiced by most states
set of questions to be answered and
in the Peninsula except Melaka and Negeri
held a consultation regarding our test
Sembilan. However, Chinese and Indian
custom are being accepted in Malaysia,
marks . We also had a movie analysis
but it is not popular as other customary presentation during this week .
law. Finally, is Native Custom which is
applied only in Sabah and Sarawak.

Next, we are moving to one of major source

of law in Malaysia which is Syariah Law or
known as Islamic Law. Islamic law is mean
the legal rules that are part of the
syariah and enacted as legislation in
accordance with the procedures prescribed
in the Federal and State Constitution.
There are two sources of Islamic Law which
is Primary and Secondary. The primary
sources are surely the Al-Quran and Sunnah.
Which is must to be followed by all Muslims
around the world. Meanwhile the secondary
sources is Ijtma’,Qiyas,Maslahah mursalah,
Ihtisan and Urf. The position of Islamic
law in Malaysia is Islam as the religion of
the Federation. The Islamic law which
applies in Malaysia is of the Shafii School
of jurisprudence. Islamic law matters such
as marriage, divorce, adoption, legitimacy
and certain religious offence.
Page 5
 FINAL LESSON:
WEEK 11
Week 11 . Three weeks to go before we ended this
semester . Madam Atifah had finished chapter 5 on
the topic of Legal Institution . She told us that she
had to make it fast since the final is just around the
corner . This chapter revolves around the types of
court which are superior courts and subordinate
courts , the exposure of question of law and
question of fact . Madam Atifah shows to us how to
remember the level of court based on the Pyramid
of court hierarchy as shown :

During the tutorial , Madam Hasni continue with

movie analysis presentation .

FROM A HEART TO
“ Are you sure you want to take this ANOTHER'S
UP AND DOWN WITH LAW

course “ . “ You’re an excellent

To my beloved K15, it is really funny to remember how
student , why choose law rather than
awkward we were during our first meeting in Anjung a
medic “ . Such words that probably
day before our official class started . Day by day , we get
most of us had encountered it before .
to know each other better and the love started growing
But , hey look where we are now . At
everyday . Each of us have our own personality and that
the almost end of the semester . makes us unique . Well it is part and partial of life to be
Those sweat and tears that we faced apart after some time . Even we might not be in the
along this 11 weeks will never be same class for the next semester , we hope that our
forgotten . The first semester in bond will always be strong as ever . Thank you for being
Pusat Asasi UITM or well known as there and be the reason why we are still here and do not
AsID are indeed a wholesome give up with this course .
adventure . The amount of times that
we want to give up can be reminisced Dear lecturers, “ law is not that hard if you try to
and we probably can laugh together understand compared to memorize it “ . That’s what
about this dramatic scene later . Madam Hasni told us during the first week . Studying law
Thank you to all of the law subjects subject required us to fully understand it and try to
interpret using our own words . Sudden forum and quiz
especially Law033 that had increase
were the things that kind of thrilling yet we enjoyed it so
our level of confident by presenting a
much as we can polish our presentation skills . Madam
sudden forum and answering a
Atifah on the other hand is a sporting person . We
random quiz . It was such a thrill
always look up to her class as she is a funny person and
moment yet enjoyable . Thank you
the way she delivered her lecturer is amazing . Thank
madam (s). you to both of you that we valued our Malaysian Law
System even more .

Page 6
" I KNEW WHEN
I MET YOU, AN
ADVENTURE
WAS GOING TO
HAPPEN"
-WINNIE THE POOH