Malaysia Judicial System

The Judicial System in Malaysia

Malaysia has a unified judicial system, and all courts take cognizance of both federal and state laws. The legal system is founded on British common law. Most cases come before magistrates and sessions courts. Religious courts decide questions of Islamic law and custom. The Federal Court, the highest court in Malaysia, reviews decisions referred from the High Court of Peninsular Malaysia, the High Court of Sabah and Sarawak, and subordinate courts. The judiciary has traditionally functioned with a high degree of independence.

Most civil and criminal cases are fair and open. The accused must be brought before a judge within 24 hours of arrest. Defendants have the right to counsel and to bail. Strict rules of evidence apply in court and appeal is available to higher courts. Criminal defendants may also appeal for clemency to the paramount ruler or to the local state ruler. 

•  High courts have jurisdiction over all serious criminal cases and most civil cases.
• The session’s courts hear the cases involving landlord-tenant disputes and car accidents.
• Magistrates' courts hear criminal cases in which the maximum sentence does not exceed 12 months.
• The Court of Appeals has jurisdiction over high court and sessions court decisions.

Malaysian court system

 

FEDERAL COURT

• The main function of federal court is to determine whether a law made by Parliament or a State Legislature is invalid on the ground that it makes provision to a matter with respect to which Parliament or, as the case may be, the State Legislature has no power to make the law.
• Also makes final judgements on legal matters which come before it on appeal from Court of Appeal.
• The ultimate court in civil, criminal and constitutional matters.
• Appellate jurisdiction to hear civil and criminal cases originating from High Court or Sessions Court (Criminal cases only).

HIGH COURT’S IN MALAYSIA

• There are two High Court’s:- Peninsular Malaysia, 

                                                       - Sabah & Sarawak.

• Consists of a Chief Judge and no less than four judges.
• Criminal – hear cases which carry death penalty.
• Civil – in divorce and matrimonial causes, bankruptcy and company cases, appointment and control of guardians of infants, disabled persons and their property and grant of probates of wills and letters of administration.
• Criminal – has jurisdiction to try all offences other than offences punishable with death.
• Civil – running down cases, landlord and tenant & distress; 

              -          Try other suits where the amount in 
          Dispute does not exceed RM 250, 000

• With the consent of the parties involved, to try cases exceeding RM 250, 000 but the award is limited to the statutory limit of RM 250, 000 only.

MEGISTRATES’ COURT

• Criminal - jurisdiction to try all offences where maximum term of imprisonment does not exceed 10 years and punishable with fine only. For examples; robbery, housebreaking, bribery and etc.
• Civil – suits of a civil nature where the amount in dispute does not exceed RM 25, 000.
• Pass any sentence allowed by law not exceed:

1. Five years imprisonment,
2.    A fine of RM 10, 000.00,
3.  Whipping up to 12 strokes or
4. Any combination of the sentence above.

SYARIAH COURT

• Major sources of Malaysian Law but only applicable to Muslims and enacted under the Federal Constitution.
• It is administrated by a separate Shari’ah Courts.
• Article 3 of Federal Constitution - Islam to be the religion of Malaysia but other religions may be practiced in peace and harmony. The state legislature have the power and permitted to make Islamic laws pertaining to person professing the religion.
• Such law are administrated by separate court system, Syariah Court.
• State legislature also has the jurisdiction over the constitution, organization and procedures of syariah courts.
• Now Islamic laws are increasingly applied in banking and land laws other than applied to family and estate matters.