Judiciary of Malaysia is largely centralised despite Malaysia's federal
constitution, heavily influenced by the English common law and to a lesser
extent Islamic law. Current system
There are generally two types of trials, criminal and civil. The hierarchy of
courts begins from the Magistrates' Court, Sessions Court, High Court, Court
of Appeal, and finally, the Federal Court. The jurisdiction of the courts in
civil or criminal matters are contained in the Subordinate Courts Act 1948 and
the Courts of Judicature Act 1964. Article 121 of the Constitution provides
for two High Courts of co-ordinate jurisdiction, the High Court in Malaya,
and the High Court in Sabah and Sarawak. Thus this creates two separate local
jurisdiction of the courts – for Peninsular Malaysia and for East
Malaysia. The highest position in the judiciary of Malaysia is the Chief
Justice of the Federal Court of Malaysia, followed by the President of
the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and
Sarawak. The superior courts are the High Court, Court of Appeal, and the
Federal Court, while the Magistrates' Courts and the Sessions Courts are
classified as subordinate courts. The current President of the Federal
Court, as of April 2015, is Tun Arifin bin Zakaria, the President of the Court
of Appeal is Tan Sri Dato' Seri Md. Raus Sharif, and the Chief Judge of Malaya is
Justice Dato' Seri Zulkefli bin Ahmad Makinudin. The current Chief Judge of
Sabah and Sarawak is Justice Tan Sri Richard Malanjum. Bypassing many other
senior judges, Tan Sri Dato' Zaki was the first lawyer appointed directly to
the Federal Court. After some 2 months as a sitting judge, Tan Sri Dato' Zaki
was subsequently appointed as the President of the Court of Appeal.
= Superior courts = Federal Court
The Federal Court is the highest court in Malaysia. The Federal Court may hear
appeals of civil decisions of the Court of Appeal where the Federal Court grants
leave to do so. The Federal Court also hears criminal appeals from the Court of
Appeal, but only in respect of matters heard by the High Court in its original
jurisdiction. Court of Appeal
The Court of Appeal generally hears all civil appeals against decisions of the
High Courts except where against judgment or orders made by consent. In
cases where the claim is less than RM250,000, the judgment or order relates
to costs only, and the appeal is against a decision of a judge in chambers on an
interpleader summons on undisputed facts, the leave of the Court of Appeal
must first be obtained.The Court of Appeal also hears appeals of criminal
decisions of the High Court. It is the court of final jurisdiction for cases
which began in any subordinate courts. High Courts
The two High Courts in Malaysia have general supervisory and revisionary
jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals
from the Subordinate Courts in civil and criminal matters.
The High Courts have unlimited civil jurisdiction, and generally hear actions
where the claim exceeds RM1,000,000, other than actions involving motor
vehicle accidents, landlord and tenant disputes and distress. The High Courts
hear all matters relating to: the validity or dissolution of marriage
and matrimonial causes, bankruptcy and matters relating to the
winding-up of companies, guardianship or custody of children,
grants of probate, wills and letters of administration of estates,
injunctions, specific performance or rescissions of contracts,
legitimacy of persons. The High Courts have unlimited
jurisdiction in all criminal matters other than matters involving Islamic
law. The High Courts have original jurisdiction in criminal cases
punishable by death. Cases are heard by a single judge in the
High Court, or by a judicial commissioner. While High Court judges
enjoy security of tenure, judicial commissioners are appointed for a term
of two years, and do not enjoy similar protection under the Constitution.
An application for a judicial review is applied in this court.
= Subordinate courts = The Magistrates' Courts and Sessions
Courts in Malaysia have jurisdiction in both criminal and civil matters.
Sessions Courts Somewhat like the former Quarter
Sessions in England, but does not exceed RM1,000,000 as per ss 65(1)(b), 73(b),
93(1) of the Subordinate Courts Act 1948. The exception however is in
matters relating to motor vehicle accidents, landlord and tenant and
distress, where the Sessions Courts have unlimited jurisdiction pursuant to s
65(1)(a)SCA. Also, by virtue of s 65(3) SCA, the parties to a legal action may
enter into an agreement in writing to grant jurisdiction to the Sessions Court
to try an action beyond its prescribed monetary jurisdiction aforesaid.
Magistrates Courts Magistrates are divided into First Class
and Second Class Magistrates, the former being legally qualified and having
greater powers. Second Class Magistrates are now not normally appointed.
In criminal matters, First Class Magistrates' Courts generally have power
to try all offences of which the maximum term of imprisonment does not exceed 10
years or which are punishable with fine only, but may pass sentences of not more
than five years imprisonment, a fine of up to RM10,000, and/or up to twelve
strokes of the cane under section 87 Subordinate Court Act 1948. The
Magistrates Courts hear all civil matters with less than RM100,000 in
dispute. The Magistrates' Courts also hear appeals from the Penghulu's Courts.
Other courts The court of a penghulu, or Malay
village head, has the power to hear civil matters of which the claim does
not exceed RM50, where the parties are of an Asian race and speak and
understand the Malay language. The Penghulu Court's criminal
jurisdiction is limited to offences of a minor nature charged against a person of
Asian race which is specially enumerated in his warrant, which can be punished
with a fine not exceeding RM50. However the Penghulu Court has been
abolished since 1 March 2013 In Sabah and Sarawak, there are no
Penghulus' Courts, but there are instead Native Courts having jurisdiction on
matters of native law and custom. The Court for Children, previously known
as the Juvenile Court, hears cases involving minors except cases carrying
the death penalty, which are heard in High Courts instead. Cases for children
are governed by the Child Act 2001. A child is defined as any person below the
age of 18. The Special Court was established in
1993 to hear cases of offences or wrongdoings made by a Ruler. A Ruler
includes the Yang di-Pertuan Agong, the sultans of monarchical states in
Malaysia, the Yang di-Pertua Negeri, and the Yang di-Pertuan Besar, i.e.: the
head of states of Malaysia and its component states. Prior to this, a Ruler
was immune from any proceedings brought against them in their personal capacity.
= Syariah Courts = There is a parallel system of state
Syariah Courts which has limited jurisdiction over matters of state
Islamic law. The Syariah Courts have jurisdiction only over matters involving
Muslims, and can generally only pass sentences of not more than three years
imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.
Appointment of judges The appointment of the Chief Justice is
governed by Article 122B of the Constitution of Malaysia whereby the
Yang di-Pertuan Agong appoints the Chief Justice on the advice of the Prime
Minister of Malaysia after consulting the Conference of Rulers. As for the
appointment of the President of the Court of Appeal, the Chief Judge of
Malaya, the Chief Judge of Sabah and Sarawak, and other Federal Court judges,
similar procedure is taken with the additional requirement of consultation
with the Chief Justice. The appointment of Court of Appeal
judges is also governed by the same procedures with the additional
requirement for the consultation of the President of the Court of Appeal. As for
the appointment of High Court judges, similar procedures are prescribed with
the additional requirement of consultation with the respective Chief
Judges. The appointment of Sessions Court judges
is governed by Section 59 of the Subordinate Court Act 1948. They are
appointed by the Yang di-Pertuan Agong upon the advice of the respective Chief
Judges. Section 78 of the Subordinate Courts Act
1948 provides that the appointment of magistrates are done by the respective
state government upon the advice of the respective Chief Judges, except for
magistrates in the Federal Territory, where thy are appointed by the Yang
di-Pertuan Agong upon the advice of the Chief Judge.
List of Chief Justices of the Federal Court
Abdul Hamid Omar 1994, previously Lord President
Mohamed Eusoff Chin 1994 – 2000 Mohamed Dzaiddin Abdullah 2000 – 2003
Ahmad Fairuz Abdul Halim 2003 – 2007 Abdul Hamid Mohamad 2007 - 2008
Zaki Tun Azmi 2008–2011 Tun Arifin Zakaria
For a list of Lord Presidents, see Lord President of the Federal Court.
See also Law of Malaysia
Capital punishment in Malaysia 1988 Malaysian constitutional crisis
Notes and references External links
Official website High Court in Sabah and Sarawak