Module 7 (B) Malaysian Judicial System

a. Federal court;-

The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. This court was previously known as the "Supreme Court of the Federation of Malaya" from independence in 1957 until 1963. When Malaya, Sabah, Sarawak, and Singapore formed Malaysia in 1963, the court was renamed "Federal Court of Malaysia". Until 1985, the Federal Court remained the second highest court in the land, being subordinate to the Privy Council in England. When appeals to the Privy Council were abolished, the court was renamed "Supreme Court of Malaysia". Finally in 1994, as part of reforms, the court was once again renamed "Federal Court of Malaysia". The head of this court—who is also the head of Malaysian judiciary—is the Chief Justice of 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 (i.e. where the case has not been appealed from the Subordinate Courts


b. Court of Appeal

The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court. This court was created in 1994 as part of reforms made to the judiciary to create a second tier appellate court after the Privy Council appeals to the United Kingdom was abolished in 1985. The court is headed by the President of the Court of Appeal, who is the second most important person in Malaysian judiciary after the Chief Justice of Malaysia. 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.

c. High court

The High Court in Malaysia is the third highest court in the hierarchy of courts, after the Federal Court and the Court of Appeal. These three courts are classified as the superior courts, while the Magistrates' Court and the Sessions Courts are classified as the subordinate courts. It functions both as a court of original jurisdiction as well as an appellate court. Offences punishable by death are tried by the High Court. Article 121 of the Constitution of Malaysia provides that there shall be two High Courts of coordinate jurisdiction—the High Court in Malaya and the High Court in Sabah and Sarawak.
The High Courts are headed by the Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak. Together they are the third and fourth highest position in Malaysian judiciary.

The High Courts hear all matters relating to the validity or dissolution of marriage (divorce) 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, and legitimacy of persons.


d. Sessions court

Somewhat like the former Quarter Sessions in England, the Sessions Courts in Malaysia have jurisdiction to try criminal offences which are not punishable by death. They are presided over by Sessions Court judges (formerly Sessions Court presidents). The Sessions Courts also hear all civil matters of which the claim exceeds RM25,000 but does not exceed RM250,000, except in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction.


e. Magistrates court

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.
The Magistrates' Courts hear all civil matters of which the claim does not exceed RM25,000.
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.
The Magistrates' Courts also hear appeals from the Penghulu's Courts.




f. Syariah court

There is a parallel system of state Syariah Courts which has limited jurisdiction over matters of state Islamic (shariah) 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.