Judiciary in Malaysia Overview

A source of law in Malaysia, where courts create legal principles if none exist in written law, or choose among principles set in previous court decisions (of similar courts or higher courts).

The head of the Malaysian judiciary.

The power of courts to check and review the actions of the other branches of government (or private individuals) to ensure they're constitutional.

The appointment to the High Court is made by the King (Yang di-Pertuan Agong) on the PM's advice, after consultation with the Council of Rulers

Judges' role of clarifying the meaning of the Constitution and laws in court decisions.

To become a judge in Malaysia, one needs to be a Malaysian citizen and have practiced law in the Federal or High Court for at least 10 years, or be a member of the Judicial and Legal Services Commission.

The Registry of Courts manages the court system. The Registrar is in charge of the Registry and the overall court administration.

The head of the court Registry, responsible for administering all Malaysian courts, reporting to the Chief Justice.

Judge's salary is set by the parliament and comes from the Consolidated Fund, and it's not reviewed annually.

The age for judges to retire has increased since 2005, from 65 to 66 years old.

Judges are free from political pressure when making decisions.

Judges can be dismissed only by a tribunal if found to have misbehaved or are unable to do their work.

The Malaysian court system has higher courts (Federal, Appeal, High) and lower courts (Sessions, Magistrate, Children).

Appointed by the Yang di-Pertuan Agong and have High Court-like powers.

Tribunal investigates misconduct accusations, then recommends dismissal to the Yang di-Pertuan Agong.

The highest court in Malaysia, responsible for reviewing decisions of lower courts, interpreting the Constitution, and settling disputes between states.

The second highest court in Malaysia, reviewing civil and criminal cases from lower courts.

A major trial court handling serious criminal cases and complex civil disputes.

Judges assisting Federal Court judges, not permanent members of the court but can be appointed for specific cases.

The High Court's power to hear any civil or criminal case, including the ability to impose any legal penalty allowed by law.

The High Court can review decisions made by lower courts and change their rulings, ensuring fairness and consistent application of the law.

Includes family law, bankruptcy, estate administration, and contract disputes, showing the High Court's broad scope.

The High Court includes the Chief Justice, other judges, and magistrates, each playing a role in the court's proceedings.

The procedures and processes followed in the High Court, including how cases are heard and decided.

A lawsuit brought by an individual (plaintiff) against another (defendant) for violating their rights. Examples include trespass, debt non-payment, contract breach, defamation, negligence, compensation claims.

A official document summoning the defendant to court. It identifies both the plaintiff and the defendant.

A judgment issued against a defendant who fails to appear in court.

A legal document ordering police to arrest a specific person and bring them before a court.

When the accused admits they committed the crime. The prosecution presents facts, then the court imposes a punishment.

A lower court in Malaysia that handles civil cases with a maximum disputed value of RM1 million (excluding some specific types of cases) and criminal cases that don't carry the death penalty.

A lower court in Malaysia with jurisdiction over civil cases with a maximum disputed value of RM100,000 and criminal cases that carry a maximum sentence of 10 years' imprisonment or a fine.

A specialized court in Malaysia that handles cases involving juveniles who have committed offenses. Instead of imprisonment, juveniles are usually subject to alternative measures like detention or rehabilitation programs.

The Session Court has jurisdiction over civil cases with a maximum disputed value of RM1 million, while the Magistrate Court handles cases with a maximum dispute value of RM100,000.

No, the judiciary in Malaysia cannot amend laws. Only Parliament has the power to do so. However, the judiciary can review if a law conflicts with the Federal Constitution.

If the accused remains silent in court, they will be convicted and sentenced immediately.

The accused can choose to testify under oath in court, allowing them to present evidence and be cross-examined by the prosecutor.

The accused can choose not to testify under oath but instead read a prepared statement in court. This statement cannot be challenged or cross-examined.

State Islamic courts have limited authority, only handling matters related to Islamic law and involving Muslim parties.

Syariah courts are divided into three levels: Syariah Lower Court, Syariah High Court, and Syariah Appeal Court, each with its own jurisdiction.

The highest level of Shariah court, handling appeals from the High Shariah Court.

The second highest Shariah court, responsible for both civil and criminal matters related to Islamic law.

The lowest level of Shariah court, handling minor offenses under Islamic law.

Cases related to personal matters like marriage, divorce, inheritance, and family disputes.

Cases related to violations of Islamic law, such as adultery or drinking alcohol.