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21 IIUMLJ 1 (2013)

handle is hein.journals/iiumlj21 and id is 1 raw text is: (2013) 21 IIUMLJ 1 THE COMMERCIAL LAW OF MALAYSIA* - REVISITED SECTION 5(2) OF THE CIVIL LAW ACT 1956; CONSTITUTIONALITY, THE EU AND ISLAMISATION Baharuddeen Abu Bakar** ABSTRACT Sec. 5(2) of the Civil Law Act 1956 with its predecessors, providing for the application of English commercial law of Malaysia, have existed unaltered for more than 100 years even with revision. There have been important political and economic developments during this period: Independence; the Malaysian Constitution; UK's entry into the EU bringing with it the question of the constitutionality of applying English legislation and EU commercial legislation in independent Malaysia; and the attempt to found Malaysian civil law on Islamic values and Title of a series of articles by Prof. Bartholomew, later published as a monograph by the Malayan Law Journal, Singapore in 1965. The monograph is the text referred to in this article. LL.B Hons (Univ. Malaya); Diploma in Sharia Law and Practice, Master in Comparative Law (IIUM); (Non-practising) Advocate and Solicitor of the High Court of Malaya; Senior Lecturer, Legal Practice Department, Ahmad Ibrahim Kulliyyah of Laws (AIKOL), HUM. I wish to dedicate this article to Prof. Ahmad Ibrahim who imparted to me and my classmates, the first group of graduates (Class of '76) our first knowledge of Malaysian civil law (and instilled among the Muslim law undergraduates our interest in Islamic law) as the founding dean