The legal system is founded on British common

law
Law is a body of rule which is enforceable by the
State
The aim of law
To attain justice in society.
To encourage the doing of what is right or just
in a particular set of
circumstances.

The Parliament legislate the whole country

Federal Court acts as a final court of appeal for
any appealing for the whole country.
Federal Constitution is the Supreme Law of the
land.

The courts possessed the exclusive or supreme

authority to interpret the constitutionality of
laws.
The courts also would have the authority to
determine whether laws passed by the
legislature were consistent with the
fundamental and superior law of the
Constitution or not.
If a law was contrary to the Constitution, then
it will be assumed as void.
Supreme Court has its authority to rule on the
validity of laws which known as judicial review.
Generally, courts that are higher in the
hierarchy of courts will decide on more serious
cases or matters.

Should not be sued in any civil court for any act done
or ordered to be done by him in the discharge of his
judicial duty.
No officer of any court or other person bound to
execute the lawful warrants or orders of any Judge or
other person that acting judicially shall be liable to be
sued.
No sheriff, bailiff or other officer of the Court charged
with the duty of executing any judgment, order or
warrant of distress, or of attaching any property
before judgment, shall be liable to be sued in any civil
court in respect of any property seized by him, or in
respect of damage caused to any property in effecting,
or attempting to effect the seizure, unless it shall
appear that he knowingly acted.

The Federal Court, the Court of

Appeal, the High Courts of coordinate jurisdiction and subordinate
courts exercise the judicial power of
the country as enacted in the Federal
Constitution and other written law.
The Head of the Judiciary is now
titled the Chief Justice.

The progressive abolition of appeals

to the Privy Council in the judicial
system seems to be the common
trend
in
other
Commonwealth
countries and understandably so.
With
independence
comes
the
desire to chart ones own destiny
including the field of jurisprudence,
using indigenous forum.

 The

administrative head of the

courts is the Chief Registrar
who is directly supervised by
the Chief Justice.
The person is responsible to the
Chief Justice on any matter
connected with proceedings in
the Federal Court.

The court system is organized in a

hierarchy like a pyramid with the
subordinate courts at the base
The administration of the justice is a
federal matter and civil courts are
therefore federal courts.
Even if the issue being litigated is one
involving a state law such as land
matters, it would be tried in the courts
constituted by federal law.

Between the period of 1 January 1987

and 23 June 1994, the Court system
was as follows:

Supreme Court is the highest court and the

final appellate body in the country.
Federal Court is empowered to determine
whether a law made by Parliament or by the
Legislature of a State is invalid.
To disputes on any question between States
or between the Federation and any States.
The jurisdiction of the Federal Court is that
the Federal Court is vested with original
appellate and advisory jurisdiction.
The exclusive and advisory jurisdiction of
the Federal Court is provided by Article 128
and 130.

Article 128 (1)

Any

question whether any

law made by Parliament or
by a state legislature is
invalid on the ground that it
makes provision with respect
to a matter with respect to
which Parliament or, as the
case may be, the state
legislature has no power to
make laws; and
Disputes on any other
question between states or
between the Federation and
any state.

Article 128 (2)

Federal

Court has
jurisdiction to resolve
constitutional
questions referred to it
by a High Court.

The special jurisdiction of the Federal

Court pertaining to the interpretation
of any provision of the Federal
Constitution is embodied in Article 130.

Yang di-Pertuan Agong may refer to the

Federal Court for its opinion any
question as to the effect of any
provision of the Federal Constitution
which has arisen or appears to him

An appeal lies from the Federal Court to the Yang

Di pertuan Agung with leave from any final
judgment in a civil matter, from a decision as to
the effect of any provision of the Constitution and
in any criminal matter.
Section 87 of the Courts of Judicature Act
1964 - the Federal Court has the jurisdiction to
hear and determine any appeal from any decision
of the Court of Appeal in its appellate jurisdiction
in respect of any criminal matter decided by the
High Court in its original jurisdiction subject to
any rules regulating the proceedings of the
Federal Court in respect of appeals from the Court
of Appeal.

Section 90 of the Courts of Judicature Act

1964 [Act 91]
It has provided that if, in any case rejected under
this section, the appellant gives, within seven
days of service of notice of rejection upon him,
notice to the Registrar of the Federal Court of
application for leave to amend his grounds of
appeal so as to raise a question of law,
accompanied by a certificate signed by an
advocate specifying the question to be raised and
undertaking to argue it, the Federal Court may
grant leave to amend accordingly and shall restore
the appeal for hearing and for the purpose of this
section, the question whether a sentence ought to
be reduced shall be deemed not to be a question
of law.

Federal Court may confirm, reverse or vary the

decision of the Court of Appeal.
It also may order a retrial or may remit the matter
with the opinion of the Federal Court thereon to the
High Court
May make such other order in the matter as to it
may seem just, and may by that order exercise any
power which the Court of Appeal or the High Court
might have exercised.
At the hearing of an appeal the Federal Court may
also if it thinks that a different sentence should
have been passed, confirmed or varied by the Court
of Appeal and pass such other sentence warranted
in law (whether more or less severe) in substitution
therefore as it thinks ought to have been passed.
Other than that, the Federal Court shall in no case
make any order under this section as to payment of
costs of any appeal to or by the appellant or
respondent.

Chief Justice
President of the Court of Appeal
Two Chief Judges of the High Courts
Seven other judges of the Federal Court.
Federal Constitution also provides for the
appointment of additional judges of the
Federal Court.

(The Yang di-Pertuan Agong may, however, by order

increase the number of Federal Court judges)***
To be simplified, every proceeding in the Federal
Court shall be heard and disposed of by three
Judges or such greater odd number of Judges as
the Chief Justice may in any particular case
determine.
The most senior member of the Court shall preside
as if there is the absence of the Chief Justice.

The court of appeal is established by

Article 121(B).
It was created in 1994 by the Constitution
(Amendment) Act 1994 (Act A885) and the
Court of Judicature (Amendment) Act
1994 (Act A886) to provide an additional
level of appeal, and to relieve the
workload of the Federal Court.

The Court of Appeal consists of the

President of the Court of Appeal and,
unless Yang di-Pertuan Agong otherwise
orders, twenty-two other judges.
A High Court judge may sit as a judge of
the Court of Appeal where the President
of the Court of Appeal considers that
the interests of justice so require.
Every proceeding in the Court of Appeal
is heard and disposed of by three
judges or such greater uneven numbers
as the President may determine in any
particular case.

Jurisdiction
to
determine
appeals
arising from the decisions of a High
Court or a judge thereof.
Such other jurisdictions as may be
conferred or under federal law.
No
original jurisdictions, has only
appellate jurisdiction.

The Court of Appeal has jurisdiction to

hear and determine appeals from any
judgment or order of any High Court in
any civil cause or matter, whether made
in the exercise of its original or its
appellate jurisdiction.
Notwithstanding,
there are matters,
which are non-appealable to the court of
appeal.

Restricted by s 68 of the court of

judicature act 1964 (Act 91).
That section provides that no appeal lies
in the following cases:

Where the amount or value of the subjectmatter of the claim (exclusive of interest) is
less than RM250 000, except with leave of
the Court of Appeal;
Where the judgment or order is made by
consent of the parties;
Where the judgment or order relates to
costs only, which by law are left to
discretion of the High Court except with the
leave of the Court of Appeal; and
Where by any written law for the time
being in force, the judgment or order of
High Court is expressly declared to be final.

 An

appeal to the Court of Appeal is

by way of rehearing a case, in
which the Court of Appeal has all
the powers and duties of a High
Court.
The Court Of Appeal may;
1.
Order a new trial; or
2.
Reverse or vary the decision of
the
High Court.

The Court of Appeal may hear and

determine any criminal appeal against
any decision made by the High Court in
the exercise of its:
a) Original jurisdiction; and
b) Appellate or revisionary jurisdiction
in respect of any criminal matter
decided by the Sessions Court.

Under s 50(2) CJA 1964, an appeal

may be made to the Court of Appeal
with the leave of that court against
the decision of the High Court in
exercise of its revisionary jurisdiction
concerning a criminal matter heard by
the Magistrates Court.
Such an appeal is confined only to
questions of law which have arisen in
the course of appeal or revision, and
the determination of which by the
High Court has affected the event of
the appeal or revision

The Court of Appeal has the power to:

(i)Summarily dismiss appeals;
(ii)Confirm, reverse, or vary the decision of
the trial court;
(iii)Order a retrial or remit the matter with
its opinion thereon to the trial court; or
(iv)Make such other order in the matter as
may seem just and may, by that order,
exercise any power which the trial
court might have exercised
The Court of Appeal may also quash the
sentence passed by the trial court and
pass such other sentence warranted in
law if it thinks that a different sentence
should have been passed.

High Court has an unlimited original jurisdiction

in civil and criminal matters. However, High Court
usually tries only cases outside the jurisdiction of
the subordinate courts. It tries cases where the
amount involves exceeds RM250 000. The number
of criminal cases tried by High Court is small
compared to that tried by subordinate courts. These
are offences punishable with death and a few other
very serious offences.

 High

Court has jurisdiction to try all

civil matters, regardless of value,
where :

The cause of action arose,

Defendant or one of several defendants
resides or has his place of business.
The facts on which the proceedings are
based exist or alleged to have occurred.
Any land, the ownership of which is
disputed, is situated within the local
jurisdiction.

The High Court has specific jurisdiction in

matters enumerated in s 24 CJA 1964. The
jurisdiction includes:

The divorce and matrimonial causes,

Admiralty matters,
Bankruptcy and companies.
Appointments and control of guardians of infants
and generally over the persons and property of
infants
Appointment and control of guardians and keepers
of the person and estates of idiots, mentally
disordered persons, and persons of unsound mind
Granting, altering or revoking probates of wills
and letters of administration of the estates of
deceased persons leaving property within the
courts territorial jurisdiction.

 The High Court has jurisdiction to try all

offences commited:
Within its local jurisdiction
on the high seas on board any ship or
any aircraft registered in Malaysia,
by any citizen or any permanent
resident on the high seas on board any
ship or on any aircraft
by any person on the high seas where
the offence is privacy by the law of
nations.
Offences under Chapter VI of the Penal
Code [Act 574] and those under any of
written law specified in the Schedule to
the Extraterritorial Offences Act 1976
[Act 163]

Attorney General may extend the

extraterritorial jurisdiction of the High
Court to any offence under any written
law, committed abroad by citizens and
permanent residents, merely by certifying
that it affects the security of Malaysia.
Other statutory provisions confer
extraterritorial jurisdiction on local
courts:

Section 22 of the Prevention of Corruption Act

1961 (Act 57) (Revised 1971)
Penal Code (Amendment) Act 1986 (Act A651)
concerning bigamy committed abroad by
Malaysians.

A High Court hears appeals

from subordinate courts in
both civil and criminal
matters. It can also hear
appeals from quasi-judicial
bodies if so authorized by law.

 There

is no appeal to the High Court

from a decision of a subordinate court
in any civil cause or matter where the
amount in dispute or the value of the
subject matter is less than RM10 000,
except on a question of law.
This monetary limit, however, does not
apply to decisions of subordinate
court in proceedings concerning
maintenance of wives or children.

High Court can hear appeals from

subordinate courts according to any law
then in force within the territorial
jurisdiction of the High Court.
A person who has pleaded guilty and
been convicted cannot appeal, except as
to the extent or legality of the sentence.
There is no appeal against an acquittal
except by, or with the written sanction of,
the Public Prosecutor.

 The

High Court has revisionary

jurisdiction over criminal and civil
proceedings in the subordinate
courts.
Section 31 CJA 1964 gives the High
Court power to revise criminal
proceedings in subordinate courts
in accordance for any law for the
time being in force concerning
criminal procedure.

 Section

32 give it the power to call for

and examine the record of any civil
proceedings before any subordinate
court to satisfy itself as to the
correctness, legality or propriety of
any decision recorded or passed, and
as to the regularity of any
proceedings of any such subordinate
court.
Section 35 arguments of the High
Courts revisionary jurisdiction with a
more general supervisory jurisdiction
over all subordinate courts.

 There

is no supervisory jurisdiction
over Syariah courts.
The High Court, acting in a
supervisory capacity, may exercise
control over Native Courts through
prerogative writs if it can be shown
that there was a

lack of jurisdiction,
blatant failure to perform some statutory
duty
breach of natural justice.

SESSIO
NS

MAGISTRAT
ES

PENGHUL
U

The
appointment
of judges of
Subordinate
Court level is
being set out
under the

The Sessions Courts and The

Magistrates Courts have the
jurisdiction to hear some civil
and criminal matters under the
Subordinate Courts Act 1948 and
the Criminal Procedure Code.

Magistrate courts are divided to

two parts in Malaysia: the First
Class Magistrates and the Second
Class Magistrates.
The court is presided over by a
magistrate.
They have the jurisdiction to hear
both criminal and civil cases.
The Magistrates Court sits every
day except on public holidays.

A Magistrate for the Federal

Territory is appointed by Yang
di-Pertuan Agongon the
recommendation of the Chief
Judge whereas for respective
States, a magistrate is
appointed by the State
Authority on the
recommendation of the
respective Chief Judges.

 In

the criminal matters, Section 87

of the Subordinate Courts Act
1948 [Act 92] provides the First
Class Magistrate fairly substantial
powers. A First Class Magistrate
has the jurisdiction to try all
offences and hear the cases of
which the maximum term of
imprisonment does not exceed ten
years; or are punishable with the
fine only.

 But,

the First Class Magistrate

may impose sentences the doer
of not more than five years
imprisonment; a fine of up to
RM10, 000, must not exceeding
up to RM10, 000; and/or impose
whipping up to a maximum of
twelve strokes of the cane.

In the civil matters, a First Class Magistrate

has the jurisdiction to hear all the actions
and suits of a civil nature where the amount
of dispute or value of the subject matter
does not exceed RM100, 000 under Section
90 of the Subordinate Courts Act 1948
[Act92]. But for the old provision which is
before the 2013, it must not exceed RM25,
000, but now under the Subordinate Court
(Amendment) Act 2010 (Act A1382) and this
act come into force in March 2013 increased
the civil jurisdiction limit of the First Class
Magistrate which is must not exceed to
RM100, 000.

 In

the criminal jurisdiction, the Second

Class Magistrate does have the
jurisdiction to hear or sit the criminal
matters of the following nature of where
the offence is punishable by a fine only; or
where the offence provides for a term of
imprisonment not exceeding twelve
months. Therefore, a Second Class
Magistrate may also pass sentences of a
term of imprisonment not exceeding six
months; a fine that are not exceeding
RM1, 000; or any sentence that combining
any of the two sentences above.

 While

in the civil jurisdiction, the Second

Class Magistrate may hear or sit a civil
case where the plaintiff seeks in order to
recover the debt or liquidated demand in
money payable by the defendant, with or
without interest, and which is not
exceeding RM10, 000. Under the
Subordinate Courts (Amendment) Act
2010 (Act A1382), the civil jurisdiction
limit has been increased from the RM3,
000 to RM 10, 000.

The Session
Courts are
established
under s 59 of
the
Subordinate
Court Act 1948

The Sessions Courts is the highest in

the subordinate courts.
It is presided over by a Session Court
judge sitting alone.
A Sessions Court Judge is appointed by
theYang di-Pertuan Agongon the
recommendation of the respective Chief
Judges.
The Sessions Court sits every day
except on public holidays.
The Sessions Court of Malaysia has the
jurisdiction in order to try all offences
other than offences that punishable by
death penalty.
Its jurisdiction power is wider than the
Magistrates Court.

 In

criminal jurisdiction, it is
under the Section 64 of the
Subordinate Courts Act 1948
[Act 92] that imposes a limit on
the powers of a Sessions Judge
by precluding him from
imposing the death sentence.
In simple words, it is other
offences that punishable by
death penalty.

In the civil jurisdiction, under the

Section 65 of the Subordinate
Courts Act 1948 [Act 92] provides
the Sessions Court to have
jurisdiction in order to try all
actions and suits of a civil nature
where the amount in dispute or
the value of the subject matter
does not exceed RM1,000,000.
Previously, which is before the
March 2013, it must not exceed
RM250, 000, but now must not
exceed RM1, 000, 000.

 The

Penghulu Court is the

lowest level of subordinate
courts in the Peninsular
Malaysia. In this court, it was
presided over by a headman
(penghulu). The court of
apenghulu, or Malay village
head, has the power to hear and
to determine 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 RM25.
In Sabah and Sarawak, there are
no Penghulus' Courts, but there
are instead Native Courts having
jurisdiction on matters of native
law and custom.

However,

the Penghulu Court

has been abolished
since 1 March 2013.

As a conclusion, Malaysia has a single hierarchy

of courts which enforce both Federal and State laws
(the latter apply only within the State concerned). The
Federal Court, Court of Appeal and two High Courts
are superior courts. The courts below the High Courts
are subordinate or inferior courts. Superior court has
unlimited jurisdiction. In contrast, subordinate courts
have limited or prescribed jurisdiction. Subordinate
courts are called such because they are generally
subject to the control and supervision of the superior
courts. The courts have the jurisdiction to deal with
civil and criminal matters and with dispute involving
private law (between private person only) and public
law (involving the government). High Courts and
subordinate courts have no jurisdiction over any
matter within the jurisdiction of the Syariah courts.