THE MALAYSIAN COURT SYSTEM

The purpose of this is to provide a brief overview of the Malaysian court system.

 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 Federal Court consists of the chief justice, the two chief judges from the High Courts, and seven other judges. Administrative detention is permitted in security cases, in which certain other guarantees of due process are reportedly suspended.

 

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. Severe penalties, including the death penalty, are imposed for drug-related offenses.

 

High courts have jurisdiction over all serious criminal cases and most civil cases. The sessions 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.

The Superior Courts – Malaysian legal system hierarchy comprises the Malaysian High Court, the Court of Appeal, the Federal Court and the Court of Sarawak and Sabah.

 

High Court – The High Court has general revisionary and supervisory jurisdiction over all Subordinate Courts and hears appeals related to criminal and civil cases from Subordinate Courts. The High Courts have rights to hear cases concerning all the criminal matters.

Court of Appeal - The Court of Appeal hears all the civil and criminal cases against the judgments of High Court.

Federal Court – All civil cases from Court of Appeal comes to the Federal Court only after the Federal Court grants leave. The criminal cases are also heard by the Federal Court from Court of Appeal only the issues which are heard by High Court in its jurisdiction.

Court of Sabah and Sarawak – The Sabah and Sarawak Court only hears appeals on matters of their native customs and laws.

The Subordinate Courts – In Malaysian legal system hierarchy, the Subordinate Courts comprises the Sessions Courts, the Penghulu’s Courts in western part of Malaysia and the Magistrates’ Court.

 

Penghulu’s Court – The Penghulu’s Courts hear civil issues in which the claim is below RM50-00 and where the offenders are of Asian race and speaks and understands the Malay language. In Penghulu’s Court’s criminal cases are heard in which the fine is not more than RM25-00.

Magistrates’ Court – The Magistrates’ Courts hear all the civil issues in which the claim is not more than RM25, 000-00. In criminal issues, the Courts have the power to try all the offences in which the imprisonment term is not more than 10 years.

Session’s Court – The Sessions Courts hear all the issues in which the claim crosses RM25, 000-00 but not more than RM250, 000-00. It also hears criminal cases except matters of death penalty.

Juvenile Court – This court is for the issues related to the minors who are below the age of 18 years.

Syariah Courts – The Syariah Courts have jurisdiction over the issues of Muslims and has an imprisonment term of not exceeding three years.

 

My Comments:

Malaysian court system is influenced by English legal system which is known as common law. The appointment of judge is made by the Yang Dipertuan Agong based on the advice of Prime Minister. Any decision made by the judiciary is not influenced by the legislative and executive. I think the court system in Malaysia is Important in order to gain justice in the country.

http://www.hierarchystructure.com/malaysian-legal-system-hierarchy/