MALAYSIAN JUDICIAL SYSTEM

Civil Court
CLASSIFICATION OF COURTS IN MALAYSIA

Civil Court Court With Special Jurisdiction

• Superior Court
• Federal Court • Special Court for Ruler
• Court of Appeal • Martial Court
• High Court • Child Court
• Syariah Court
• Subordinate Court • Native Court
• Session Court
• Magistrate Court
HIREARCHY OF COURTS

FEDERAL COURT

SUPERIOR
COURTS
COURT OF APPEAL

HIGH COURT HIGH COURT

(WEST MALAYSIA) (SABAH & SARAWAK)

SESSIONS COURT SESSIONS COURT

SUBORDINATE
COURTS

MAGISTRATES COURT MAGISTRATES COURT

Federal Court
• Provision
• Art 121(2) and Part IV Courts of Judicature Act 1964
• Composition/Constitution
• Members: Chief Justice, President Court of Appeal, two Chief Judges of High
Court, & Four other judges or additional. [current number are 11]
• Proceedings
• Per sitting: three judges or greater uneven number
• Usually sits in a full bench of five judges
• For important, complex or rare cases, sits in full bench of 11 judges
• Decision by majority
• Jurisdiction
• It has 4 types of jurisdiction:
i. Original
ii. Appellate
iii. Reference
iv. Advisory

• Original Jurisdiction
• FC may hear any question whether a law made by Parliament or by the
Legislature of a State is invalid on the ground that it makes provision with
respect to a matter with respect to which parliament or, as the case may be,
the legislature of the State has no power to make laws and
• May also hear disputes on any other question between states or between
the Federation and any State It has jurisdiction in the same matters
exercised by the HC
• Appellate Jurisdiction
• It has jurisdiction in both criminal and civil matters.
• Appeal lie from question of fact, or a question of law or on a question
mixed fact and law.
• Appeal against acquittal, court may issue warrant directing the accused be
arrested or brought before it and to remand him to prison, pending the
disposal of the appeal, or admit to bail.
• On hearing of the appeal- court may confirm, reverse or vary the decision
of the COA or may order re-trial or may remit matter to the HC.
• Court also may if it thinks that different sentence should have been passed,
quash the sentence passed, confirm or varied by the COA and pass such
other sentence warranted in law.
• Reference/Revisionary Jurisdiction
• On constitutional issues, the HC can stay its proceeding and forward the
constitutional issues to the FC.
• FC shall determine in the same way as an appeal to the FC.

• Advisory Jurisdiction
• To give opinion on any question referred to it by the YDPA pertaining to
any provision of the Federal Constitution which has arisen or appears
likely.
Court of Appeal
• Provision
• Art 121(1B) and Part III Courts of Judicature Act 1964
• Composition/Constitution
• Members: President of The Court of Appeal, 32 other judges
• Proceedings
• Per sitting: three judges or greater uneven number
• Decision by majority
• President as a chairman but HC judge may sit if President thinks that the
interest of justice reqires
• Jurisdiction
• It only have appellate jurisdiction

• Appellate Jurisdiction
• Has appellate jurisdiction over criminal and civil cases.
• Hear and determine any criminal appeal against any decision made by the
HC.
• May also consider appeals decided by the HC relating to matters decided
by the Magistrates Court but it will be confined only to question of law.
• Appeal must be within 14 days after judgment given.
• Civil Appeal Cases
• Has jurisdiction to hear and determine civil appeals for cases where the
amount or value of the subject matter of the claim is more than RM
250,000.
• If the amount is less than RM250,000 the parties must get the
permission from the Court of Appeal.

• Criminal Appeal Cases

• Has jurisdiction to hear and determine any appeal against the decision
of the High Court.
High Court
• Provision
• Art 121(1) and Part II Courts of Judicature Act 1964
• Composition/Constitution
• Members: Chief Judge of High Court & not less than 4 judges
• 60 judges in High Court Malaya
• 13 judges in High Court Sabah and Sarawak
• Proceedings
• One judges per sitting
• Jurisdiction
• It has 3 types of jurisdiction:
i. Original
ii. Appellate
iii. Revisionary and Supervisory

• Original Jurisdiction
• HC can try all criminal offences and for civil jurisdiction it generally hear
actions where the claim exceeds RM1 million, other than actions involving
motor vehicle accidents, landlord and tenant disputes and distress
• There is specific civil jurisdiction such as divorce & matrimonial cases for
non-Muslim, Admiralty matters, Bankruptcy, Winding-up of Company &
etc.
• Appellate Jurisdiction
• High Court hears criminal and civil appeals from the Magistrate and
Sessions courts
• The value of the subject matter for civil appeal must exceed RM10,000
except in the matter involving a question of law and maintenance of wives
and children.

• Revisionary/Supervisory Jurisdiction
• has power to revise criminal proceedings in the subordinate court,
• to call or examine record of proceeding of any civil matters before any
subordinate court in any stage of the proceeding and transfer the case to
HC or give directions to the subordinate court for further conduct of the
case.
Session Court
• Provision
• Section 59 of the Subordinate Court Act 1948
• Composition/Constitution
• Members: Session Court Judge
• Proceedings
• One judges per sitting
• Jurisdiction
• It only have original jurisdiction

• Original Jurisdiction
• Session court have both civil and criminal jurisdiction
• Civil Jurisdiction
• unlimited jurisdiction in respect of motor vehicle accidents, landlord
and tenant distress
• it has jurisdiction to try all actions and suits where the amount in
dispute or value of the subject matter does not exceed RM1,000,000
• It may try all actions and suits of a civil nature for the specific
performance or rescission of contracts or for cancellation or
rectification of instruments.
• Criminal Jurisdiction
• have criminal jurisdiction to try all offences other than offences
punishable with death and may pass any sentence allowed by law other
than the sentence of death.
Magistrate Court
• Provision
• Section 76 of the Subordinate Court Act 1948
• Composition/Constitution
• Divided into two classes:
• 1st Class Magistrate
• 2nd Class Magistrate
• Members of 1st Class: A person who has legal qualification
• Members of 2nd Class: Any qualified Civil Servants and Court Officer
• Proceedings
• One Magistrate per sitting
• Jurisdiction
• It only have original jurisdiction

• Original Jurisdiction
• 1st Class Magistrate have both civil and criminal jurisdiction
• Civil Jurisdiction
• may try all civil action where the amount of dispute does not exceed
RM100,000
• Criminal Jurisdiction
• have jurisdiction to try all criminal offences for which the maximum
term of imprisonment provided by law does not exceed 10 years
imprisonment or which are punishable with fine only.
• It may pass any sentence allowed by law not exceeding:
a) five years’ imprisonment;
b) a fine of ten thousand ringgit (RM10,000.00);
c) whipping up to twelve (12) strokes; or
d) any sentence combining any of the sentences aforesaid
• 2nd Class Magistrate have both civil and criminal jurisdiction
• Civil Jurisdiction
• may try original actions of civil nature where plaintiff seek to recover
debt or liquidated demand on money from defendant not exceeding
RM10,000
• Criminal Jurisdiction
• may try criminal offences where the maximum punishment does not
exceed 12 months’ imprisonment or with fine only.
• It may pass any sentence allowed by law not exceeding:
a) not exceeding six months’ imprisonment;
b) a fine of not more than one thousand ringgit; or
c) any sentence combining either of the sentences aforesaid
 Civil Jurisdiction Criminal Jurisdiction
Courts
(Claim’s Amount) (Type of Offence)
CIVIL AND CRIMINAL ORIGINAL

Max: Unlimited All offence (however subject to other

High Court
Min: RM 1,000,001 courts original jurisdiction)

Max: RM 1, 000,000
JURISDICTION

Min: RM 100,001
Session All offence except offence with
(Except for matter regarding to Motor
Court punishment of death
vehicle accident, landlord and tenant
distress)

First Class Max: RM 100,000 All offence with maximum imprisonment

Magistrate Min: RM 10,001 of 10 years

All offence with maximum imprisonment

Second Class Max: RM 10,000
of 12 months
Magistrate Min: Reasonable amount