THE JUDICIAL SYSTEM

SUPERIOR COURTS
INFERIOR COURTS
COURTS OF SPECIAL JURISDICTION
 HIREARCHY OF COURTS

FEDERAL
COURT

SUPERIOR COURT OF
APPEAL SPECIAL COURT
COURTS

HIGH COURT HIGH COURT

SYARIAH (WEST MALAYSIA) (SABAH &
COURT SARAWAK)

SESSIONS SESSIONS NATIVE

COURT COURTS COURT

SUBORDINATE
COURTS
MAGISTRATES MAGISTRATES
MAGISTRATES MAGISTRATES
COURT FOR COURT FOR
COURT COURT
CHILDREN CHILDREN

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ISMAH BINTI ISMAIL - FUU
Courts are divided into two categories:
(i) Superior Courts:
- Federal Court
- Court of Appeal
- High Court
(ii)  Subordinate Courts:
- Sessions Court
 Magistrates Court
 Court for Children
FEDERAL COURT
- Article 122 FC- the Chief Justice of the Federal
Court is head of the Malaysian Judiciary.
Composition of the Federal Court
Chief Justice (President of the Court)
President of the court of Appeal
Chief Judge of High Court Malaya
Chief Judge of High Court Sabah & Sarawak
7 Federal Court judges
Proceedings
 Proceeding in Federal Court shall be heard and
disposed by 3 judges or such greater number of judges
as the Chief Justice may require.
Jurisdiction:
It has 4 types of jurisdiction:
 Original
 Appellate
 Reference
 Advisory
 Original jurisdiction – Article 128(1)
• Fed Court 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 – Article 128(3)
 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 – Article 128(3)
• On constitutional issues, the HC can stay its
proceeding and forward the constitutional issues
to the Federal Court.
• Federal Court shall determine in the same way as
an appeal to the Federal Court.
 Advisory Jurisdiction – Article 130
• To give opinion on any question referred to it by
the Yang Di Pertuan Agong pertaining to any
provision of the Federal Constitution which has
arisen or appears likely.
COURT OF APPEAL
 Article 122A- President of the COA is the head of the court.
 Appointed by the YDPA after consulting Conference of Rulers.

Composition of the Court

• The court has a President + 10 other judges(11 persons
altogether)
Proceedings
 Every proceeding shall be heard and disposed by 3 judges
or any greater number of Judges as the President may
determine (but must be of uneven numbers i.e. 5, 7, 9,11)
Decisions are made by majority i.e. 2:1 (2 to 1), 3:2, 4:3,
5:4.
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.

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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.

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HIGH COURT (HC)
 Established under Article 121(1) of the Federal

Constitution.
 There are 2 High Courts of co-ordinate jurisdiction in
Malaysia:
(i)   High Court for West Malaysia
(ii)  High Court in Sabah and Sarawak

- Each of the two High Courts is headed by a Chief

Judge.

Composition
 Chief judges
 47 judges in High Court Malaya
 10 judges in High Court Sabah and Sarawak

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- A person qualified for appointment as a judge of
the HC must be a citizen and 10 years preceding his
appointment he has been an advocate of the
courts or a member of the judicial and legal service
of the Federation or legal service of State or both.

Jurisdiction:
 Original jurisdiction;
 Appellate jurisdiction;
 Supervisory and revisionary jurisdiction.

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 Original jurisdiction – has both criminal and civil
powers.
 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
• The High Court basically has unlimited jurisdiction
in both the and criminal cases.
 Appellate jurisdiction – High Court hears criminal
and civil appeals from the Magistrate and Sessions
courts
 Revisionary and 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.
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SESSIONS COURT
 Section 60 states that no person shall be appointed
to be a Sessions Court Judge unless he is a member
of the Judicial and Legal Service of the Federation
 Section 63 – Sessions Court have criminal jurisdiction
to try all offences other than offences punishable
with death.
 Section 64 – Sessions Court may pass any sentence
allowed by law other than the sentence of death.

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 Its criminal jurisdiction extends to all offences
other than offences punishable with death
 In civil matters, 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 – S.7(a)
(i) SC(A)A 2010.
 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 within
the jurisdiction of Sessions Ct - S.7(a)(i) SC(A)A
2010.

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MAGISTRATES COURT
 No one can be appointed as a magistrate unless he is
a member of the Judicial and Legal Service of the
Federation.
 This court has the jurisdiction to hear civil cases and
criminal cases.
 There are two (2) types of classes of magistrate i.e.
First Class and Second Class.

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First Class Magistrate
 First Class Magistrate shall 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
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- First Class Magistrate may try all civil action where
the amount of dispute does not exceed RM100,000
S.11 SC(A)A 2010

Second Class Magistrate

- Magistrate may try criminal offences where the
maximum punishment does not exceed 12 months’
imprisonment or with fine only.

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- It may pass any sentence allowed by law—
(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

- Magistrate may try original actions of civil

nature where plaintiff seek to recover debt or
liquidated demand on money from defendant not
exceeding RM10,000 – S.13 SC(A)A 2010

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COURTS OF SPECIAL JURISDICTION
 Syariah Courts
 Native Courts
 Martial Courts
 Court For Children
 Special Court for Rulers
 Industrial Court

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SYARIAH COURT
Established a three-tier Syariah courts in every state.

Syariah Appeal
Court

Syariah High
Court

Syariah
Subordinate
Courts.

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Syariah Subordinate Court:
 The YDPA may on the recommendation of the Chief
Syariah Judge, appoint from amongst members of the
general public service of the Federation, Judges of the
Syariah Subordinate Courts.
 Have jurisdiction throughout the Federal Territories
and presided by a judge of the Syariah Subordinate
Court.
Criminal jurisdiction-
• try any offence committed by a Muslim under the
Enactment or any other written law (Syariah Criminal
Offences (Federal Territories) Act 1997); or
• The maximum punishment does not exceed RM2,000
or imprisonment of a term of 1 year or both and may
impose any punishment provided thereof.

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Civil jurisdiction-
• hear and determine all actions and proceedings as
the Syariah Court is authorised to hear and
determine in which the amount or value does not
exceed RM50,000 or is not capable of estimation in
terms of money.

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Syariah High Court:
(a) Composition
 the Syariah High Court is presided over by a
Syariah High Court judge.
 Judges of the Syariah High Court are appointed by
the YDPA on the advice of the Minister after
consultation with the Majlis Agama Islam Wilayah
Persekutuan.
 Chief Syariah Judge also must be a Malaysian
citizen, and for a period of not less than 10 years
preceding such appointment, has been a Judge of
the Syariah High Court or a kadi or a registrar or a
Syariah Prosecutor of a state or a person learned in
Islamic law.

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Jurisdiction
The Syariah High Court has:
 Original jurusdiction;
 Appellate jurisdiction;
 Supervisory and revisionary jurisdiction.

 Original Jurisdiction
Civil and criminal cases.
(i) Civil
 Hear all matters relate to personal and family
law.
 Other matters concerning which jurisdiction is
conferred by any written law.

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(ii) Criminal
 Offences committed by Muslims which are
punishable under:
(a) The Syariah Criminal Offences (Federal
Territories) Act 1997;
(b)Enactment of Islamic Family Law (Federal
Territories) Act 1984;
(c) Any other written law prescribing offences
against the precepts of Islam.

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Appellate Jurisdiction
 Hear appeals against any decision of a Syariah
Subordinate Court.
 Civil
Hear an appeal by an aggrieved person:-
 Where the amount claimed is not less than RM1,000;

 Concerns personal status; or

 Concerns maintenance of dependants.

 On any appeal, the Syariah High Court may confirm,
reverse, or vary the decision of the trial court or make
any other order which the trial court ought to have
made.
 It may also order a retrial.

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Criminal
•• Hear an appeal by the prosecution or the accused against
an acquittal, conviction, or sentence.
•• Power to dismiss the appeal, convict and sentence the
accused, order the trial court to make further inquiry,
alter the sentence, reverse any order of the trial court,
or order a retrial.

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Supervisory and Revisionary Jurisdiction
Section 51 of the Administration of Islamic Law (Federal
Territories) Act 1993 states that;
 The Syariah High Court may either of its own
motion or at the instance of any interested
party, at any stage in any proceedings in any
Syariah Subordinate Court, call for and
examine any records thereof and give such
directions as justice may require.
 When the Syariah High Court exercises its
power under this provision, all proceedings in
the trial court shall be stayed pending further
order of the Syariah High Court.

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Case : Nooranita bt Kamaruddin v Faeiz bin Yoep
Ahmad (1989) 2 MLJ cxxiv
Parties married in 1977 and divorced in 1980 and
custody of their daughter were given to the mother.
Father had right of access to the child. August
1982, the mother remarried who is not a muhrim of
the child. Grandmother also remarried a man who not
related to the child. Father later applied for custody
of the child and Chief Kadi gave him the custody of
the child. Mother appealed.
Board of Appeal dismiss the appeal and held that;
The primary consideration in all cases of custody
under Islamic law is the right of the child be given
preference to the right of persons claiming
custody, as the purpose of custody is for the best
interest and welfare of the child.

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Syariah Appeal Court
(a) Composition
 Presided over by the Chief Syariah Judge who is
appointed by the YDPA on the advice of the
Minister after consulting the Majlis Agama Islam
Wilayah Persekutuan.
 A person qualifies to be appointed as Chief
Syariah Judge if that person is:
 A Malaysian citizen; and
 For a period of not less than 10 years preceding
such appointment, has been a Judge of the
Syariah High Court or a kadi or a registrar or a
Syariah Prosecutor of a state. Or sometimes
one and sometimes the other; or is a person
learned in Islamic law.

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Every case in the Syariah Appeal Court is heard by the
Chief Syariah Judge (as Chairman) and 2 judges
selected by him.
The 2 judges are selected from a standing panel of 7
judges.
Such a panel is appointed for a term of 3 years by the
YDPA on the advice of the Minister after consultation
with the Majlis Agama Islam Wilayah Persekutuan.
The Chief Syariah Judge may appoint any judge of the
Syariah High Court to be a member of the Syariah
Appeal Court for any particular proceedings if he
considers it desirable to do so.
The Chief Syariah Judge presides over every case. In
the event, he is unable to act, he appoints the most
senior of the Judges of the Syariah Appeal Court to
act on his behalf.

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(b) Jurisdiction
(i) Appellate;
(ii) Supervisory and revisionary jurisdiction.

Appellate:-
 hear any appeal against a decision of the Syariah High
Court made in the exercise of its original jurisdiction.
 hear and determine any question of law of public
interest which has arisen in the course of an appeal
against a decision of a Syariah Subordinate Court to
the Syariah High Court and the determination of which
by the latter has affected the result of the appeal.
 The hearing and determination of such a question by
the Syariah Court of Appeal is subject to leave being
granted by the court.

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Supervisory and revisionary jurisdiction:-
•• Call for examine, ay any stage of any proceedings
whether civil or criminal in the Syariah High Court, the
records of such proceedings, and give such directions as
justice may require.
•• Syariah Appeal Court may do so either of its own motion
or at the instance of any party.
•• In such a case, the proceedings in the Syariah High
Court shall be stayed pending further order of the
Syariah Appeal Court.

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NATIVE COURTS
- Established in Sabah and Sarawak and each governed by
State Enactment.

SARAWAK
• Establish under Sarawak Native Courts Ordinance 1955
• The hierarchy consists of:-
• Headman’s Court (Mahkamah Penghulu) consisting of the
Headman and twoAssessors
• Native Officer’s or Chief’s Court (Mahkamah bagi Pegawai
atau Ketua Anak Negeri) consisting of a native Officer or
a Native and two Assessors
• District native Court consisting of First Class Magistrate

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• Resident’s Native Court is also an Appelate Court and
consists of a resident together with a native Officer
or Chief and two Assessors
• Native Court of appeal may consists 3, 5 or seven
members including the presiding judge.This court has
the same power as the High Court

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SABAH
Established under Sabah native Courts Ordinance 1953.
The hierarchy consists of :
• Native Court (Mahkamah Anak Negeri) consisting of
the native Chief and such Headman as may be
empowered
• District Officer’s Court ( Mahkamah Pegawai
Daerah ) consisting of the District Officer
• Native Court of appeal ( Mahkamah rayuan Anak
Negeri) consists of a Hugh Court judge, The
Resident of the area and one native Chief appointed
by the Yang Dipertuan Negeri

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SPECIAL COURT FOR RULERS
 Article 182 of the FC, the Special Court which is
established for Rulers
 Composition - consist of 5 person presided by the Chief
Justice of the Federal Court as Chairman, the Chief
Judges of the High Courts and 2 other judges who hold or
have held office as judge of the Federal Court or a High
Court.
 These members are appointed by the Conference of Rulers.
 Has jurisdiction over any proceeding by or against the
YDPA or the Rulers of a state in his personal capacity.
 Has both criminal and civil jurisdiction as provided under
Article 182(3).

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 Has exclusive jurisdiction to try all offences
committed in the Federation by the YDPA or the
Rulers.
 To initiate a suit against the Rulers, permission must
be granted by the Attorney General
Case : Faridah Begum bt Abdullah v Sultan Hj Ahmad
Shah Al Mustain Billah Ibni Almarhum Sultan Abu
Bakar (1996) 2 CLJ 159, a suit by a foreigner against
the Ruler of Pahang was dismissed on the ground that
the head of state is immune from such proceedings.

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MARTIAL COURT
 Established under the Armed Forces Act 1972
 Section 2 of the Armed Forces Act 1972- “Armed
forces” includes the regular forces of Malaysia and
other forces which maybe declared by the YDPA from
time to time to be armed forces.
 “Regular forces”- includes the Malaysia Army, the
Royal Malaysian Navy and the Royal Malaysian Air
Force.

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Constitution of Courts-Martial
 Section 105- the court-martial shall consists of the
president and not less than 2 other officers
 Section 105(2)- officers forming the court shall belong to
the same service as the accused.
 Section 105(3)- officer shall not be appointed unless he is
subject to service law and has been officer for 2 years.
 Section 105(4)- if it consists of 5 officers or more, the
president shall be an officer of or above the rank of
lieutenant-colonel or its equivalent.
 Section 105(5)- if it consists of less than 5 officers, the
president shall be appointed by officer convening the court-
martial and shall not be under the rank of major or its
equivalent.

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- Amongst the offfences in respect of military
services are:-
(a) aiding the enemy;
(b)misconduct by other person in operations against
enemy;
(c) communication with the enemy;
(d) offences against morale;

- Punishments can be awarded:-

(a) death;
(b) imprisonment for a term not exceeding 14 years;
(c) dismissal from His Majesty's service;
(d) forfeiture of seniority of rank; etc.

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COURTS FOR CHILDREN
 Child Act 2001 has repealed the Juvenile Courts Act
1947.
 The Juvenile Courts now replaced by Courts of
Children.
 Section 2- a child means:-
(a) a person under the age of 18 years; and
(b) in relation to minimal proceedings means a person
which has attained the age criminal responsibility
as prescribed by section 82 of the Penal Code i.e.
nothing is an offence which is done by a child
under 10 years of age.

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Composition of the Court
• Consists of 2 Magistrates and assisted by 2
advisers to be appointed by the Minister from a
panel of persons resident in the state.
• 1 of the 2 advisers shall be a woman.

Jurisdiction of the Court

• To try all offences except offences punishable with
death.
• Criminal Procedure Code shall apply to the court as
if the Courts for Children were Magistrate Court.

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- Court cannot try a child who has attained 18
years of age.
- Section 14, the court may make an order relating
to:-
(a) the detention of a child in a place of
detention, probation, hostel, approved school
or Henry Gurney School, approved institution
or centre;
(b) the supervision of a child by a social welfare
officer or probation officer; or
(c) any probation period.

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Probation Hostels
 Meant for children about 10 years of age.
 Ministry may make rules and regulations concerning
the management and inspection of probation
hostels.
Henry Gurney Schools
 Established under section 73.
 The school for children above 14 years.

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INDUSTRIAL COURT
- Industrial Court is set up under the Industrial
Relations Act 1967.
Composition (Section 21):-
Industrial Court which shall consist of-
(a) a President who shall be appointed by the Yang
di-Pertuan Agong; and
(b) a panel of persons representing employers and a
panel of persons representing workmen who shall
be appointed by the Minister.

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 The President and Chairman must be legally qualified with
at least seven years’ standing in professional practice.
 The members of the employees' panel and employers' panel
are appointed by the Honourable Minister of Human
Resources.

In Hotel Malaya Sdn. Bhd. & Anor v National Union of

Hotel Bar & Restaurant Workers & Anor [1982] MLJ 237
at 240 Raja Azlan Shah CJM described the function of the
Industrial Court in these terms:-
“It exercises a quasi-judicial function. It gives a full
reasoned judgement in the nature of an award (section
30). Its functions comprise an investigation of the facts,
an analysis of the facts, findings of facts, and lastly, the
application of the law to those findings.”
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Jurisdiction- on matters relating to trade dispute and
dismissal of workman
 Meaning of trade dispute under Sec 2 of the Act-
“any dispute between an employer and his workmen,
which is connected with the employment or non
employment or the terms of employment or the
conditions of work of any such workmen”.
 Parties to the dispute cannot take matters directly to
court
 A party to the dispute before the court may
represent himself or be represented at the
proceeding by any official of trade unions or a
union employers
 The decision handed down by the court referred to as
an award which is final and conclusive

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