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The structure of courts in Malaysia starts from the Magistrates'
Court, Sessions Court, High Court, Court of Appeal, and finally,
the Federal Court which is the highest court. The jurisdiction of the courts in civil or
criminal matters are contained in the Subordinate Courts Act
1948 and the Courts of Judicature Act 1964. Article 121 of the
Constitution provides for two High Courts of coordinate
jurisdiction, the High Court in Malaya, and the High Court in
Sabah and Sarawak. Thus this creates two separate local
jurisdiction of the courts – for Peninsular Malaysia and for
East Malaysia. The highest position in the judiciary of Malaysia
is the Chief Justice of the Federal Court of Malaysia (also
known as the Chief Justice of Malaysia), followed by the
President of the Court of Appeal, the Chief Judge of Malaya, and
the Chief Judge of Sabah and Sarawak. The superior courts are
the High Court, Court of Appeal, and the Federal Court, while
the Magistrates' Courts and the Sessions Courts are classified
as subordinate courts.
Federal Court of Malaysia The Federal Court is the highest
court in 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).
Malaysian Court of Appeal 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.
High Courts of Malaysia The two High Courts in Malaysia have
general supervisory and revisionary jurisdiction over all the
Subordinate Courts, and jurisdiction to hear appeals from the
Subordinate Courts in civil and criminal matters.
The High Courts have unlimited civil jurisdiction, and
generally hear actions where the claim exceeds RM250,000, other
than actions involving motor vehicle accidents, landlord and
tenant disputes and distress. 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, legitimacy of persons. The High Courts have unlimited
jurisdiction in all criminal matters other than matters
involving Islamic law. The High Courts have original
jurisdiction in criminal cases punishable by death. Cases are
heard by a single judge in the High Court, or by a judicial
commissioner. While High Court judges enjoy security of tenure,
judicial commissioners are appointed for a term of two years,
and do not enjoy similar protection under the Constitution. An
application for a judicial review is applied in this court.
Subordinate courts The Magistrates' Courts and Sessions
Courts in Malaysia have jurisdiction in both criminal and civil
matters.
Sessions Courts Somewhat like the former Quarter Sessions in
England, the Sessions Courts have jurisdiction to try 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.
Magistrates' Courts 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.
Other courts The court of a penghulu, or Malay village head,
has the power to hear civil matters of which the claim does not
exceed RM50, where the parties are of an Asian race and speak
and understand the Malay language. The Penghulu Court's criminal
jurisdiction is limited to offences of a minor nature charged
against a person of Asian race which is specially enumerated in
his warrant, which can be punished with a fine not exceeding
RM25. In Sabah and Sarawak, there are no Penghulus' Courts, but
there are instead Native Courts having jurisdiction on matters
of native law and custom.
The Court for Children, previously known as the Juvenile
Court hears cases involving minors except cases carrying the
death penalty, which are heard in High Courts instead.
The Special Court was established in 1993 to hear cases of
offences or wrongdoings made by a Ruler. A Ruler includes the
Yang di-Pertuan Agong (King), the sultans of monarchical states
in Malaysia, the Yang di-Pertua Negeri, and the Yang di-Pertuan
Besar, ie: the head of states of Malaysia and its component
states. Prior to this, a Ruler was immune from any proceedings
brought against them in their personal capacity.[2]
Syariah Courts There is a parallel system of state Syariah
Courts which has limited jurisdiction over matters of state
Islamic (sharia) 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. |
