THE Chief Justice of Malaysia, Tun Ahmad Fairuz Sheikh Abdul Halim, in his opening speech at Ikim’s seminar titled Ahmad Ibrahim: His Intellectual Thought and Contributions, expressed his disappointment over the captive mentality of our legal experts, practitioners, judges and lawyers in reference to the high esteem they accorded English law, or to be more specific, English Common Law (ECL).
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He has called for the Common Law of England to be replaced by our very own common law.
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It is not an exaggeration to say that actually all these recommendations may be traced to the famous legal expertise of Prof Ahmad Ibrahim. Many would agree that he was not only the originator but also the prime mover of this idea, and he inspired many.
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Prof Ahmad wrote that s. 3 and 5 of the CLA should be amended by repealing all references to ECL and the rules of equity administered in England.
He strongly suggested that we should refer to the court decisions in Malaysia instead by applying our own laws and by giving priority to the local conditions and its people, thus establishing and developing our own Malaysian Common Law (MCL).
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Prof Ahmad boldly states that the formation of MCL must be based on the basic law of the land, i.e. Islam and Malay customs.
Source: The Star
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