Legal in Malaysia

Still remember my invitation about one mass gathering of young Malay NGOs at Kuala Kangsar , Perak ?  Well, this morning was the gathering..attended by several NGOs , university's stdent , Mufti of Perak , Tan Sri Tajuddin (independence 'old-timer') and few other VIPs. Co-chairman of the program, respected Brother Mr. Salleh Khan handling over to Mufti of Perak a 'declaration'... Silat performance by local students...very interesting Media interviewing Dato ' Seri Mufti (TV3) after the program...(I can't actually hear what it was all about..) One the speaker  or should I call 'presenter'. Brother Ansar The arrival of VIPs... The crowd standing at the arrival of the VIPs... Brother Salleh presenting ' Sajak '..very inspiring Speech by Dato ' Seri Mufti of Perak Early morning before the arrival of VIPs..everyone busy registering their name (every participants were given yellow band, I guest it really create a different feel and sp...

salam, Last post I have written about my immediate recommendation to Majlis Agama Islam Perak to demolish illegal buildings on the wakaf land. Today, I am quite happy that they finally act on my advice to destroy all illegal building on the wakaf land to prevent future problem of illegal occupant. Here are some of the pictures...  part of the beautiful wakaf land in Tambun, Perak destroying some of the buildings... in progress... Anyway, my job is done here...this is a record! the fastest assignment completed in just two weeks...

Note: I got this email question which I a bit reluctant to answer… anyway, out of good mood I still give my opinion… From: deleted To: ki_my@hotmail.com Subject: trivial issue Date: Wed, 27 Aug 2008 06:09:24 +0000 salam i'm a law student currently taking the subject civil procedure. we were given tasks to open files and prepare the relevant documents for our 'clients'. i know this might be trivial to you and you might not be interested but can you at least give me some guide on how to deal with it? my 'client' had bought a piece of land from this man who claimed to be its owner. they had entered into the sale & purchase agreement prepared by the man's lawyer. the client had completed paying full purchase price of rm450,000.00 to the man's lawyer and she expected the land to be transferred to her. however it was found out that he was not the owner and he was only the administrator of the land which actually belonged to a deceased person. and now she cou...

I was in Tambun , Ipoh Perak last Monday tried to serve one eviction notice acting ob behalf of Majlis Agama Islam dan Adat Melayu Perak. I was earlier briefed that there are several illegal occupants at Majlis's wakaf land. From the brief and further studying the file, I found out originally the land belong to the State Government which was later granted and gazette as wakaf land to majlis. The original illegal occupant was paid quite substantial amount of money for compensation (not that I will agree with, if I were given this case at that time) and he left the land. Now, due to lack of attentive, a guy came and illegally occupied the land, he was asked to leave by the local committee or village head, he left after long hard discussion, but to majlis surprise, he then rent out the land to one party without majlis's consent or knowledge. This time the illegal occupant tries to play hard (or may be expecting some kind of compensation!). Now, majlis has no choice but to take le...

ya, as I aspected, Anwar wins. I guest on two main reasons:- BN's improper sancronizing of campaign strategy BN did the same mistake as at the last debate between anwar and shabery, that is attacking anwar personally rather than focusing on current issue and the citizen's interest. local people said, 'if you come to somebody's house, even if the house's son did something wrong whether true or not, you don't spell it out right' to the face of the house owner or people, use 'hikmah' to convey the message.' learn...

Most awaited result tonight, the earliest at 9pm. whether Anwar will win the Parliamnetary Seat or not, we will see. My prediction, he will win but a bit drop in votes.

Salam, I was in court this morning handling one of civil litigation case pertaining claiming back vacant possession of land. There are 9 defendants, one of which I have withdrawn the case against him earlier as he already comply with plaintiff notice of demands before the court first mention date. The other 8 defendants, two represented this morning by a counsel (only made his first appearance in court today). At the first mention date, all the defendants attended, so to save a lot of my time filing affidavit of service confirming that the summons has been duly served on them, fuh… The court on the first date ordered that all defendants must enter their statement of defense on or before today's sitting. They however, fail to do so. Few days ago I have taken my own initiative to send reminder letters to them saying I will, at court discretion, apply for a judgment in default of defense if they fail to serve me their defense. They did receive the letter but still unable to come out w...

Salam, I would like to invite my blog readers to attend the biggest gathering of non-government organizations in Kuala Kangsar, Perak this coming 30th August, 2008. The gathering start at 7:30 am at Perak River Side Square, and Perak Sultan Prince His Highness Raja Muda Dr. Nazrin will be attending delivering his speech and joins the event. The event will be recorded in Perak's 'History Arkib'. As I am told, there will be at least 10,000 participants from various NGOs confirm their attendant. The gathering is co-chaired by PEKIDA-Putrajaya branch and Young Malay Business Chamber of Perak. Among NGOs joining are State Youth Council (MBN), Perakian Graduates (GAP), IPTA/S Clubs, and many more. The gathering, as what I am told, is all about Perak Citizens interest and to strengthen relationship between the citizen and palace. For those who are interested to come and at the same time visiting the Royal Town of Kuala Kangsar, this weekend (30th August) going to be a good opportu...

Salam, Last post I have explained on how simple it would be to claim ' dishonored ' cheque from the drawer in court. And now, in this post I am going to show you another simple claim that everybody can do by themselves. It is normally called 'Small Claim Procedure'. So make it easier to understand, let me put it in point form. What is 'small claim procedure'? Small Claim Procedure is where an individual (not agent or company or person holding power attorney or etc) wants to claim from someone else (debt) using court procedure, i.e. suing in court of law. The total amount of claim must not exceeding RM5, 000-00 The claim must be made through summons in Magistrate Court No lawyer can get involve in this small claim proceeding … (that's bad for me…hehehe), everything is done by the plaintiff himself (person who is suing) with the guidance of court (staff). To illustrate, if B owes A RM 5, 000-00 and B refuses to pay, A can sue B in Magistrate court under this ...

very pathetic... when one unknown ex zoo keeper (or as so reported by local Malaysian newspaper), now claim to be the Messenger of God for Malay race. Perhaps, long term service at the zoo, could be cause of this unreasonable ambition... May Allah accept his repentance before he 'vanish' from this world (or before the Malaysian authorities bring him to face the charges he currently running away from). For others, please remember this man's face carefully so that you don't fall into his 'nonsence' teachings.

Salam, Ever come across receiving a payment by cheque and when you try to bank in the cheque, it bounced? How do you feel? What could you do? You are angry, that is obvious! Well, not many businessman or public know that if you receive a cheque being your payment for whatever reason, and when you present it to the bank it dishonored, you may (alternatively, beside go back to the drawer, and start shouting..hehe) sue the drawer in court and the chances of wining is very high. Section 47 of Malaysian Bill of Exchange Act, provides a simple locus standi for you to sue the drawer without having to proof further or the reason behind the transaction. Just present you claim stating that you have received a cheque by so and so, and it has been dishonored. Simple, isn't it? Well, start exercising your rights…good luck. Regards, Kamarul Irzuan Bin Busu Piah, Advocate & Solicitor, High Court of Malaya, Malaysia.

Salam, Di bawah ini saya post semula paparan surat yang di ambil dari laman web rasmi Majlis Peguam Malaysia. Saya memohon maaf atas kedaifan pengetahuan saya tentang isu ini sebelum ini dan apa yang saya pos di blog ini terdahulu. yang benar, Kamarul Irzuan *Below are letters written by lawyers Razlan Hadri b. Zulkifliand Shaikh Abdul Saleem regarding the 9 August Family Law Forum to Utusan Malaysia and Berita Harian. Neither newspaper published it. Kepada Ketua Pengarang Utusan Malaysia 1. Kami menulis surat sebagai ahli-ahli biasa Badan Peguam Malaysia (Malaysian Bar) yang beragama Islam. Seperti yang sedia maklum pada 9 haribulan Ogos lalu, jawatankuasa kecil Undang-undang Keluarga, Majlis Peguam telah menganjurkan satu Forum terbuka bertajuk “Penganutan Agama Islam: Pandangan balik kepada Artikel 121 (1A) Perlembagaan Persekutuan, Subashini & Shamala” (selepas ini dirujuk sebagai “Forum tersebut”) yang dijadualkan berlangsung dari jam 8.30 pagi hingga 1.00 petang bertem...

Salam, I am a bit busy with my latest assignment, namely drafting a society's constitutional laws. I was instructed by the committee that the society going to have 'a lot of ready members' approximately around more than 10, 000 members for a start! fuh...that make me even have to do my work extra careful. I don't want the future of the society members jeopardize simply because of my recklessness in drafting its constitution. I hope I can finish my 2nd draft my these few days. When I finish, I hope I can start writing back about court cases I handled. One quite interesting case I intend to write is about land matters in Perak worth about more than one million ringgit. can wait to share with you all... till then... regards, Kamarul Irzuan Advocate & Solicitor, High Court of Malaya. image taken from: http://k43.pbase.com/u17/malai_2005/large/42233525.P1010314.jpg

Salam, Frankly, being a practicing lawyer in Malaysia I feel sad and a bit disappointed with the Bar's forum. Yes, it is a common practice of the Bar to have discussion, review and 'forum out' any recent case in Malaysia. It is part of the Bar and lawyers' continuing Legal Education activity. We lawyers always discuss any latest legal development in Malaysia for better understanding and it impact to legal environment in Malaysia. In the past we have discussed a lot of cases, judgments, and laws passed by the Parliament. But, when it involves a very sensitive issue, namely the Malay and religion of Islam, I believe the Bar should be more responsible and conducting such open discussion or forum. They should at least avoid any misunderstanding or misinterpretation from the public, particularly the Malays and muslims. Perhaps, next time they should first explain how would the forum to be carried out, inviting related experts from the religions department or even the Syariah...

Salam, As promised this is my first post sharing knowledge with my readers regarding recent case I handle in court. Please be advice that this post is merely for the sake of knowledge sharing and discussion from my point of view. It may be not acceptable by my learned opponent's counsel submission in court and the case is pending judgment. So I reserve my opinion here subject further whether or not the court may accept my submission. I acted for plaintiff. Brief fact of the case:- Plaintiff is Majlis Agama Islam dan Adat Melayu Perak Defendant is one individual whom rented plaintiff's one small portion of plaintiff's land somewhere in Ipoh. The land duly registered under plaintiff name. The land has a mosque built on it since 1912. Upon expiry of the tenancy agreement, the plaintiff demands vacant possession of the land to be return to them for reason that they want to extend the existing mosque building. The defendant refused to deliver vacant possession of the land to th...

Tuan Peguam, En. Kamarul Irzuan, Saya suka baca coretan dan pandangan tuan mengenai pelbagai isu. Teringin terima undangan untuk berikan komen dan bertukar2 pandangan, tapi ilmu saya terlalu dangkal, pandangan akan jadi tak bernas langsung. Apapun, teruskan berkongsi pendapat dengan kami semua. Bagi saya, memang banyak betul manfaatnya. Best regards, I always appreciate my blog readers' support, may God give me more free time to share legal knowledge with the public...thank you for the support!

Hi Kamarul I am happy for you to post this question on your blog. I have a malaysian passport but have been living overseas for years. I am an Australian permanent resident and since I have no plans of moving back to Malaysia in the long term, I am considering becoming an Australian citizen. I am aware that Malaysia does not allow dual citizenship and I am happy to surrender my Malaysian citizenship. However, my parents still in Malaysia and they have said that if I give up my malaysian citizenship, I would not be able to inherit their properties in their legal will. Could you please clarify if this is true and where I can get more information about this? Thanks (name deleted) Answer: I disregard the first issue of Malaysian Citizenship and the sender's choice to give it up. As for the second issue, regarding the legal will of property my answer would be Any person can create or make his or her will as long as he/she is competent to do so. Section 3 of Malaysian Will Act, 1959 st...

I am sorry for the delay in writing new post in this blog, these few days back have been a very busy days. I was stuck in few court cases and continue hearing and preparing written submission. Insyallah, I shall start posting about cases that I handled in court so that everybody could share some legal knowledge or even perhaps use it to your own personal benefit. To start with, I will post regarding one matter I handle recently where one party claiming vacant possession of land and the other party in refusing to deliver the vacant possession by providing argument of adverse possession of land title. A very interesting case to share with. See ya on next post! Regards, Kamarl Irzuan bin Busu Piah, Advocate & Solicitor, High Court of Malaya, Malaysia.

Salam, I am very grateful for your support. From the very beginning of this blog I received a lot of email question from the readers. Some are 'legally' oriented and some I guest more on personal matter. I will try my very best to answer these question in timely manner. However, those that I do not answer the question, I am very sorry perhaps some other forum is more appropriate to discuss your matter. On the other hand, my answers are in general due to limited brief of a particular case and time of legal research done. My weakness, I admit. Should you require more detail consultation you may set up a proper appointment with at ki_my@hotmail.com . Regards, Kamarul Irzuan

I am obliged to say something regarding what is currently happen in Malaysia. The political phenomenon is very disturbing. At one side we can see clearly one political party (Barisan Nasional) in its desperate move trying to use the 'last weapon' of Malay Supremacy and Legacy issue burning the heart and conscious mind of Malays. On the other side, one party (Pakatan Rakyat) invoking the new idea of new era of liberalization in Malaysia, which is yet to be tested before on its practicality under Malaysian socio-politic. Both sides may battle till the last drop of their blood. And we, the citizen is still left behind begging our interest not to be put at stake. Believe me, the citizen only welcome whoever take care our interest as proud citizen of Malaysia. Somehow, at this particular point of time the 'ball' is at Permatang Pauh voters' hand. We again put our hope to them to decide our future. Meanwhile, be it whatever issue; Attantuya Case, sodomy case and so on as ...

Salam, This is another email I received relating an issue of Temporary Occupation of Land (License to Occupy): "senario :- aruah ayah saya ada mendapat tanah T.O.L yang telah diusahakan selama bertahun untuk bercucuk tanam. Setelah pemergian aruah ayah, adik saya mengusahakan tanah ini, tetapi atas tuntutan kerja dia kena bkursus di Tampin dan tanah ini telah terbiar dalam beberapa bulan. Oleh kerana kami sedang berusaha untuk mendapatkan geran tanah ini, ada saudara belah emak saya yg menghulurkan bantuan untuk proses tanah ini tanpa diketahui oleh emak saya yg rupanya dia ada niat lain di mana dia telah menukarkan tanah itu ke atas nama dia. Pada sabtu lepas saya telah pergi melawat tanah tersebut sebab saya nak buat kebun sayur tetapi tanah tersebut telah diratakan oleh manusia tersebut tanpa pengetahuan kami tapi yg bestnya adik saya yg tolak pokok2 tersebut atas arahan manusia itu yg mengatakan dia ada geran. (adik saya bekerja sebagai pemandu jentolak utk (deleted) dan semas...

Salam, I received an email asking regarding one rape case, where the 'victim' is at the age of 21 years old but 'not so smart person' (or as what has been described to me) however not to the extent of mental disorder or retarded. A police report has been lodged and found out of from the investigation that the 'victim' actually gave consent to sexual intercourse. The police did not take any action against the 'accused' person but rather merely suggesting that the 'victim' to be taken to some kind of rehabilitation house. The email sender does not satisfy. Before I proceed further, I wish to bring the readers' attention to the relevant section under Malaysian Penal Code relating rape offences, which reads as follows; PENAL CODE (Revised 1997) ACT 574 CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY Of Rape 375. Rape. A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman unde...