Introduction

- The judicial system can be divided to 3 courts: subordinate courts(session

court-magistrate), superior court[federal court-court of appeal-high court(MALAYA &
BORNEO)], and, special court(syariah court, customary native court, juvenile court,
martial court & industrial court)
Magistrates’ Court
- General jurisdiction
- Try civil and criminal cases within local limits of jurisdiction assigned
- May issue summons, writs, warrants or other processes
- May make interlocutory or interim orders such as adjournment, remand and bail
- May also conduct inquest or inquiries of death
Specific Jurisdiction
- Depends on the status of magistrate which are either first class or second class
- First class magistrate court has authority to try all actions and suits where the
amount in dispute or value of the subject matter does not exceed RM 100,000.00
- Possesses jurisdiction to try all offences for which the maximum term of
punishment provided by law does not exceed 10 years imprisonment, or all
offences punishable with fine only
- Specific jurisdiction to try offences under Section 392(robbery) and Section
457(lurking, house trespass, house breaking by night) of the Penal Code
- Where a person is found guilty, the magistrate may pass any sentence allowed
by law not exceeding 5 years imprisonment, a fine of RM 10,000, whipping up to
12 strokes and a combination of all previously mentioned
- Second class magistrate only have the jurisdiction to try original actions and suits
of a civil nature where the plaintiff seeks to recover a debt or liquidated demand
on money payable by the defendant with or without interest exceeding
RM10,000.00
- Has jurisdiction to try offences for which the maximum term of imprisonment
provided by law does not exceed 12 months’ imprisonment or offences
punishable with a fine only
- Sentences allowed by the law does not exceed 6 months imprisonment, fine not
more than RM10,000 and any of the combination of previously mentioned
Session Court
- This court is the highest of the subordinate or inferior courts
- It is under the charge of the Sessions Court judge
- Has original jurisdiction in criminal and civil matters
- Its criminal jurisdiction extends to all offences other than offences punishable with death
- A Sessions Court may pass any sentence allowed by law other than the death sentence
- In civil matters, it has jurisdiction to try all actions and suits of a civil nature where the
amount in dispute or value of the subject-matter does not exceed RM1million
- Has unlimited jurisdiction in matters involving motor vehicle accident, landlord and tenant
and distress
- Has jurisdiction to hear claim for specific performance, injunction and rescission of
contract
 - Has a limited supervisory jurisdiction over Magistrate court
- The judge may call for and examine records of any civil proceedings in the Magistrate’
within the local limits of the jurisdiction of the Session Court as to the correctness,
legality or propriety of decision and regularity of proceedings. If the decision is illegal or
improper or the proceeding is irregular, the judge must forward the record to the High
Court. High Court will give the necessary orders
Superior Court
- Consists of 2 Chief Judges, one in Peninsular M’sia and one in Sabah and Sarawak.
Art122AA FC provides that the number of other judges shall not exceeds 60 in HC of
Malaya and 13 in HC of Sabah and Sarawak
The High Court
- Consists of 2 Chief Judges, one in Peninsular Malaysia and one in Sabah and Sarawak
➔ Article 12(2)(A)(A) FC provides that the number of other judges shall not exceed
60 in the High Court of Malaya and 13 in High Court of Sabah and Sarawak.
- Jurisdiction of High Court: original, appellate and supervisory and revisionary.
- Original Jurisdiction in the exercise of its original jurisdiction, it has unlimited criminal and
civil powers
Civil-General
- Try cases where the amount involved exceeds RM 1 million. It has the jurisdiction
to try all civil proceedings where the cause of action arose within Malaysia or the
defendant resides or has his place of business within Malaysia or the facts on
which the proceedings are based, exist or are alleged to have occurred within
Malaysia or any land the ownership of which is disputed is a situation within
Malaysia
- General as in the term of the country
Civil-Specific
- Provided under Section 24 of the Court of Judicature Act (1964)
- Try cases regarding divorce and matrimonial causes, admiralty matters,
bankruptcy and companies, appointment and control of guardian of infants,
generally over the persons and property of infants, appointment and control of
guardians and keepers of the person and estates of idiots/mentally disordered
person/persons of unsound mind and granting, altering or revoking probates of
wills and letters of administration of estates of deceased person
Criminal
- Provided under Section 22 (1)(a) of the Court of Judicature Act (1964), has the
jurisdiction over citizen and non-citizen within its territory(extra territorial provided
under Section 22(1)(b))which includes on the high seas on board any
ships/aircraft registered in Malaysia, by any citizen/permanent resident on the
high seas on board any ship/aircraft or by any person on the high seas where the
offence is piracy
Appellate
- The High Court hears civil and criminal appeals from Magistrates’ and Sessions
Courts whereby for civil appeals, the claim must exceeds RM10,000 and for
criminal appeals, no appeals concerning any offence punishable with fine only
 not exceeding RM25; or where a person has pleaded guilty and has been
convicted
Supervisory Jurisdiction & Revisionary Jurisdiction
- Section 32 of the Court of Judicature Act (1964) provides that High Court may
call for and examines 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 proceeding
- Section 31 of the Court of Judicature Act (1964) provides power for the High
Court to revise criminal and civil proceedings in the subordinate court
- Section 35 of the Court of Judicature Act (1964) provided that the High Court has
power to revise criminal proceedings in subordinate court, and under Section
with revisionary jurisdiction with more general supervisory jurisdiction. It
empowers the court, in the interest of justice to call for the record of any
proceeding, whether civil or criminal in any subordinate court at any stage of
such proceedings
Court of Appeal
- The Court of Appeal constitutes the President of the Court of Appeal and up to 10 Court
of Appeal Judges, heard by 3 judges or such greater uneven number of judges
- Has jurisdiction to hear and determine any appeal against any High Court decision on
criminal matters and, also has jurisdiction to hear and determine civil appeals generally
for cases where the amount or value of the subject matter of the claim is at least
RM250,000
- Where an appeal has been heard and disposed of by the Court of Appeal, the Court of
Appeal has no power to review the case. Thus, the Court has no power to re-open,
re-hear nor to re-examine its decision for whatever purpose
Federal Court
- The highest court consisting of the Chief Justice, the President of the Court of Appeal,
the Chief Judge of Malaya and Sabah and Sarawak and 6 federal court judges
- Has jurisdiction including matters to hear civil and criminal appeals from the Court of
Appeal which occupies the bulk of the court’s work. To exercise exclusive original
jurisdiction on those matters conferred on it under Article 128(1) and (2) of the Federal
Constitution. Can hear disputes between any State and Federal government. To
determine constitutional questions which have arisen in the proceedings of the High
Court but referred to the Federal Court for a decision. To give its opinion on any question
referred to it by the Yang DiPertuan Agong concerning the effect of any provision of the
Constitution which has already arisen or appears likely to arise
- Composition of Federal Court includes the Lord President FC, President COA, Chief
Justices of HC and 6 FC Judges
Special Courts
Syariah Court
- The court enforces Islamic law in Malaysia whereby it comprises the Court of the
Chief Kadis (Kadi Besar) and Court of the Kadis
- The Islamic rules of evidence are used in the Court
 - It has civil jurisdiction in proceedings between parties who are Muslims and
limited criminal jurisdiction involving offences by Muslims against the religion;
including offences relating to sex (khalwat, incest, unlawful sex, prostitution),
consumption of liquor, failure to fast during Ramadhan month, marriage, divorce,
property arising out of marriage, guardianship and custody of infants)
Industrial Court
- Is constituted under the Industrial Relations Act 1967 and exercises jurisdiction
on matters relating to trade disputes and dismissal of a workman
- It has jurisdiction over matters concerning employers, employees and trade
unions
- The Industrial Courts consist of a President appointed by the Yang Di-Pertuan
Agong, a panel of persons appointed by the Minister and a group representing
employers and a group representing workmen
Native Courts(of Sabah and Sarawak)
- To determine disputes among natives, which are the indigenous people of these
two States and the legal definition of ‘Native’ is found in the Federal Constitution
and State law, Article of the Federal Constitution
- It exercises original jurisdiction arising from breach of native law, religious or
matrimonial matters, cases involving land where there is no title issued by the
Land and civil cases where the value of the subject matter does not exceed
RM50 and all parties are same native system
- Any party who is aggrieved by the Native Court decision may appeal to a higher
court (eg: from the Headman’s Court to the Native Officer’s or Chief’s Court)
Juvenile Court
- To deal with criminal offenders aged between 10 to below 18 and has jurisdiction
to try all offences except those punishable by death
- Presided by a magistrate and assisted by 2 advisers, one of whom must be a
woman
- The court is closed to members of the public in order to protect the young
offender from publicity. Only the court’s officials, accused/victim and their
parents/guardian/counsel and witnesses are allowed
- The court building/room must be separated / different from that of the ordinary
courts
- If the offender is found guilty, he or she may be sent to one of the approved
institutions or schools where he or the court may discharge him or her on
condition that he or she executes a bond, with or without sureties, to be of good
behaviour and to come up for sentencing when called upon
Special Court
- The Special Court was established pursuant to Article 182 of the Federal
Constitution to hear any action civil or criminal instituted by or against the Yang
di-Pertuan Agong or State Ruler. Nevertheless, by Article 183 of Federal
Constitution no action, civil or criminal, shall be instituted against the Yang
di-Pertuan Agong or any of the Rulers of States in respect of anything done or
 omitted to be done by him in his personal capacity except with the consent of the
Attorney-General
- Article 182(3) of the Federal Constitution provides that the Special Court shall
have exclusive jurisdiction to try all offences committed in the Federation by the
Yang di- Pertuan Agong or the Ruler of a State and all civil cases by or against
the Yang di-Pertuan Agong or the Ruler of a State notwithstanding where the
cause of action arose
- Article 182(1) of the Federal Constitution provides that the Special Court shall
consist of the Chief Justice of the Federal Court, who shall be the chairman, the
Chief Judges of the two High Courts and two other persons who hold or have
held office as judges of the Federal Court or the High Court appointed by the
Conference of Rulers
- Article 183 of the federal Constitution establishes that no action, civil or criminal,
shall be instituted against the Yang di-Pertuan Agong or the Ruler of a State in
respect of anything done or omitted to be done by him in his personal capacity
except with the consent of the Attorney-General personally. Therefore, only a
Malaysian citizen have the right to institute such proceedings
● Faridah Begum Bte Abdullah v. Sultan Haji Ahmad Shah Al Mustain
Billah [1996] 1 MLJ 617
- The Special Court may convene at the premises of the Federal Court located at
the Palace of Justice, Putrajaya, on such dates and at such times as the Chief
Justice may from time to time appoint
Martial Court
- Possess jurisdiction over persons subject to service law, that is, generally
members of the armed forces including reservists and volunteers on duty, and
civilians employed by or accompanying regulars on active service
- The courts-martial administer service law intended to ensure discipline and good
order among service personnel so that absence without leave, desertion,
disobedience of orders