Fadillah: Legal system must reflect Malaysia's identity

New Straits Times

5 days ago

KUCHING: Malaysia must be bold in developing a legal system that reflects local realities, values and challenges, rather than relying too heavily on foreign precedents or approaches, said Deputy Prime Minister Datuk Seri Fadillah Yusof.
He said blindly adopting foreign legal models, particularly from England, may not be suitable for Malaysia given its vastly different social, economic and cultural contexts.
He said the country's legal system must be shaped through its own framework, in line with the aspiration of building a Malaysian legal identity that is credible and respected on the international stage.
"We also have our own economic dynamics, social structures and unique challenges that require local solutions.
"Let Malaysia's legal field develop confidently, rooted in our own identity, so that one day it may become a respected reference within the Commonwealth," he said in his speech at the launch of Bencher Malaysia, organised by Inns of Court Malaysia (ICM) last night.
He cited the authoritative views of the late Sultan Azlan Shah, who, during his tenure as Chief Justice of Malaya, emphasised the need for Malaysia to have its own approach in addressing the country's legal challenges.
"His Royal Highness' meaningful and timely statement serves as a reminder of the importance of building a legal system grounded in our national reality, and the wisdom of the late Sultan Azlan Shah remains relevant in Malaysia's current context," he said.
Fadillah said in a landmark judgment in the case of Home Luck Investments Sdn Bhd v Commissioner of Federal Capital of Kuala Lumpur (1969) CLJU 56, Sultan Azlan Shah said that although Malaysian law is largely influenced by the English legal system, such an approach should not be accepted blindly.
Sultan Azlan Shah had remarked: "It is beyond dispute that the core of our legal system is, generally speaking, rooted in the English legal system.
"However, we must not forget that we have our own laws, our own economic and social life, and our own problems that need to be addressed according to local needs.
"For my part, I have no hesitation in rejecting the English approach in assessing and interpreting this country's valuation laws."
The event also saw the appointment of former Senate President and current Yang di-Pertua Negeri of Sarawak, Tun Dr Wan Junaidi Tuanku Jaafar, as the first Malaysian Bencher, making him the inaugural recipient of ICM's highest recognition.
In the English legal system, Benchers are senior members of the Inns of Court.
The position honours their legal distinction and contributions to the profession.
Fadillah said ICM has emerged as a key platform for strengthening professional development among Malaysia's legal community, especially in producing local lawyers who excel not only in substantive and procedural law but also in character, communication skills and confidence.
He said initiatives such as the eloquent discernment programme, formal ethics training and exposure to international legal environments can help prepare the next generation to compete professionally on the global stage.
"ICM not only strengthens the legal profession but also nurtures a sense of legal nationalism rooted in Malaysian values," he said.
The event was attended by prominent legal figures, diplomats, university representatives and law students from across the country.