The chief justice referred to Professor Ahmad Ibrahim's views in support of his call to abolish the use of common law and to persevere with his direction to place Islamic law at its most qualified position.

Ahmad Ibrahim's views - which were published in an article entitled 'The Civil Law Ordinance in Malaysia' in the Malayan Law Journal in 1971 - were objected to by lawyers and academicians then. Their objections remain valid today.

Common law is one of the two major legal systems used in the world today. Malaysia, Singapore, most of the Commonwealth countries and the US (except Louisiana) are regarded as common law countries. The other legal system is the civil law. This is a system derived from Roman law. The countries which have adopted this include most of Western Europe, Turkey, Thailand, Japan, Taiwan, Sri Lanka, South Africa, Louisiana and the province of Quebec in Canada .

There are other classifications of legal systems. In the history of law, the civil and common law systems are comparative infants, with Islamic law being even more junior. All being preceded by far older legal systems extending back 5,000 years and more to India and no doubt further back in time elsewhere.

Common law has developed over many centuries through trial and error and is now accepted as an adequate system of law. It has been hailed as one of the greatest achievements of the human spirit in man's quest for justice. It is accepted as a legal system capable of maintaining peace and harmony within society by ensuring justice is done to all without fear or favour. Its most essential part is that it provides for checks and balances against corruption.

English common law and the related commercial laws reflect general principles which enjoy international recognition. It provides for certainty and predictability. It provides confidence to the people as well as to foreign investors in that the system of law applied in Malaysia is consistent with generally recognised principles as in other common law countries.

The Malaysian legal system is based on a sturdy construction and has sound principles, tradition, consensus, precedent and procedure all which ensure stability within a democratic system of government. It is part of the social contract and enshrined in the constitution.

Our legal system should not be lightly interfered with, otherwise it will lead to uncertainty and a loss of confidence, especially in foreigners who deal with our country. This will lead to unfortunate results.

The writer is treasurer-general, Parti Keadilan Rakyat.