Malaysian Judicial System Overview

The Federal Court can decide on the validity of laws made by Parliament or State Assemblies, and resolve disputes between states or between states and the federal government.

The Federal Court hears appeals from the Court of Appeal for criminal or civil cases that were initially decided by the High Court.

The Yang di-Pertuan Agong (Malaysia's King) can ask the Federal Court for advice on the meaning of a part of the constitution.

The Federal Court determines Constitutional provisions from other courts.

The Court of Appeal hears appeals from High Courts in civil cases where the claim amount is more than RM 250,000.

The Court of Appeal hears appeals from High Courts in criminal cases, from the High Court’s original, appellate or revisionary jurisdiction & Sessions Court.

The High Court tries serious criminal cases and can impose any legal penalty.

The High Court deals with civil cases exceeding RM1 million.

The High Court can review decisions of lower courts in criminal cases.

The High Court can review civil or criminal cases from lower courts.

The High Court can review decisions made by administrative bodies (like tribunals).

Session Courts try most criminal cases, excluding death penalty cases.

Session Courts handle civil cases under RM 1 Million, specific contract cases and car accident cases.

Session Courts have limited oversight of Magistrate Courts (civil cases).

Magistrate Courts handle criminal offenses with sentences up to 10 years (usually fines).

Magistrate Courts handle civil cases up to RM 100,000. Below RM 5,000: Small Claims.

A special court division handling claims of RM5,000 or less.

Handles criminal offenses with up to 12 months imprisonment or fine only. In civil cases, it handles claims up to RM10,000.

Someone who buys goods or services for personal, domestic, or household use. They don't buy for business purposes.

Anything provided under a contract, like rights, benefits, privileges, facilities.

Helps consumers dealing with unfair practices, faulty goods/services, guarantee issues, and manufacturer liability.

Doesn't handle personal injury/death claims, land disputes, or cases involving land ownership.

Notices are issued for hearings, legal representation is not allowed, and evidence is presented by the parties involved.

A consumer can file a claim for loss due to unfair practices, faulty goods/services, or breach of guarantees.

A set of rules enforced by the state that everyone must follow, or face consequences for breaking.

Based on reason and morality, suggesting that there are inherent laws that everyone should follow, regardless of specific laws in a place.

Laws created and enforced by a sovereign power (like a government or a king) that are enforced through punishment.

Views law as a tool to shape society and ensure smooth functioning by addressing community interests.

Emphasizes how laws are applied and interpreted in real-world situations, considering factors like experience, social context, and political climate.

Public law handles the relationship between individuals and the state (like criminal justice, taxes), while private law governs relationships between individuals (like contracts, property rights).

The set of rules and principles that govern the relationships between countries, like rules of war.

The principles of English law (common law and equity) are applied in Malaysia, when there's no local legislation to cover a legal issue. However, application is subject to specific conditions.

A gap or missing part in legal rules, where existing laws don't provide clear guidance on a specific situation.

There must be a gap in Malaysian law, and the principles of English law must be suitable for the local circumstances.

It mandates the application of English common law and equity as practiced in England in 1956 across West Malaysia.

It directs the application of English commercial law in Malaysia, depending on the state and the existence of local legislation.

In West Malaysia, the date for applying English law is 1956, while in Sabah it's 1951, reflecting different historical timelines.

English laws that are widely applicable and not limited to specific situations or regions, suitable for broader use.

If there's no Malaysian law, they apply English commercial law as it was on the date of the legal issue, not a set date.

A legal principle where courts follow previous decisions in similar cases, known as stare decisis.

Vertical operation: Lower courts are bound by higher court decisions. Horizontal operation: Courts of the same level are bound by their own previous decisions.

Law based on customs and practices followed for a long time, becoming accepted norms.

Malay customary law (adat), Native law of Sabah & Sarawak, Chinese customary law, Indian customary law.

A matrilineal customary law practiced in Negeri Sembilan and Naning, focusing on land tenure, lineage, and leadership.

The Federal Constitution is the highest legal authority in Malaysia. It outlines the country's structure, basic rights, and the power of the government.

A patrilineal customary law practiced in other Malaysian states, with traces of Hindu influences.

The 'State List' defines the powers and responsibilities of each state government. It includes topics like Islamic family laws, which are governed by individual states.

Customs and traditions that are enforced by chiefs or elders, like Adat Perpatih and Adat Temenggung.

Article 160 defines 'law' to include customs and usages with legal force.

The Yang di-Pertuan Agong (King) is the head of Islam for states without a Ruler and for federal territories. The Ruler of a state is the head of Islam for their state.

Three institutions manage Islamic affairs: 1) Majlis Agama Islam (religious matters), 2) Mufti (interpreting Islamic law), and 3) Syariah Courts (Islamic legal system).

Each state has its own constitution that governs its affairs. It outlines how the state is run and works in conjunction with the Federal Constitution.

A blend of Islamic law and local customs, mainly used in areas like marriage, inheritance and property division.

Codified by Rajah's, these laws cover similar topics as Sabah, but with specific regulations established in the 19th century.

Native Courts in their respective states handle matters concerning the non-Malay indigenous populations.

Compiled by GC Woolley, it's a set of rules with defined penalties, primarily financial, covering areas like inheritance, marriage, divorce and compensation.

Established with the Ondang-Ondang Lapan (1843), it's a set of laws codified in 1955 with additional compilations like the Dayak Adat Law.

These customs lost their legal significance with the implementation of written law in 1976, particularly affecting polygamous marriages.

Based on the Shafii school of jurisprudence, but adapted to incorporate local Malay customary laws.

The Federal Constitution states that civil courts cannot handle matters that fall under the jurisdiction of Syariah courts.

Laws created by Parliament at the federal level or State Legislative Assemblies at the state level.

Acts (Parliament), Enactments (State Assemblies), Ordinances (YDPA during emergencies, Sarawak State Assembly, Parliament between 1946-1959).

A Bill goes through four stages: First Reading, Second Reading, Committee Stage, Third Reading, then gets Royal Assent from the YDPA.

Rules and regulations made by the executive under the authority of an Act or Ordinance, having legal effect.

Usually made by the executive (administrators) to implement the details of an Act or Ordinance.

To prevent abuse of power by the executive and protect the public.

Judicial review (courts), legislative control (Parliament/assemblies), consultation (with public/experts), and publication (for transparency).

The idea that government power should be divided between different branches (like legislative, executive, and judicial) to prevent one from becoming too powerful.

The Yang di-Pertuan Agong (Malaysia's King) can ask the Federal Court for advice on the meaning of a part of the constitution.

The Federal Court determines Constitutional provisions from other courts.

The Court of Appeal hears appeals from High Courts in civil cases where the claim amount is more than RM 250,000.

The Court of Appeal hears appeals from High Courts in criminal cases, from the High Court’s original, appellate or revisionary jurisdiction & Sessions Court.

The High Court tries serious criminal cases and can impose any legal penalty.

The High Court deals with civil cases exceeding RM1 million.

The High Court has the power to review decisions made by lower courts in criminal cases, ensuring consistency and fairness in the judicial system.

The High Court can examine the records of civil or criminal cases from lower courts, ensuring proper procedures were followed.

The High Court can review decisions made by administrative bodies like tribunals, ensuring they act fairly and within their powers.

Session Courts have limited oversight of Magistrate Courts, primarily in civil cases, ensuring fairness and procedural correctness.

This specialized division handles civil claims involving a sum of money not exceeding RM 5,000, offering faster and simpler procedures.

Both First & Second Class Magistrates handle criminal offenses with a sentence of up to 10 years or a fine, but Second Class Magistrates have slightly more limited jurisdiction.

A tribunal that helps consumers resolve disputes with businesses regarding unfair practices, faulty goods/services, and guarantee issues.

Someone who buys goods or services for personal, domestic, or household use.

Anything provided under a contract, such as rights, benefits, privileges, or facilities.