Judiciary of Malaysia
The court system in Malaysia, was last restructured by the Constitution (Amendment) Act 1994. The present court structure, which has been in force since then, is as follows:
The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice.
Below the Federal Court is the Court of Appeal. This court is headed by the President of the Court of Appeal.
Below the Court of Appeal are two High Courts with co-ordinate jurisdiction. One is the High Court of Malaya which serves Peninsula Malaysia, while the other is the High Court of Sabah and Sarawak, which serves East Malaysia, i.e. Sabah and Sarawak. Each of the High Courts is headed by a Chief Judge.
Below the High Courts are the Subordinate Courts, the highest of which are the Sessions Courts, each of which is headed by a Sessions Court Judge.
Below the Sessions Courts are the Magistrates’ Courts, each of which is presided over by a magistrate. Parallel to the Magistrates’ Court is the Juvenile Court (Court For Children) which is also presided over by a magistrate.
In Peninsular Malaysia (West Malaysia) there are provisions for Penghulu’s Courts below the Magistrates’ Courts. These are headed by a penghulu or village headman. He has very limited jurisdiction and usually deals with local disputes in an informal manner. However, in practice, these courts hardly function.
There are also the Native Courts and the Syariah Courts. These courts operate only at the State level. The Native Courts exist only in Sabah and Sarawak and they deal with native rights while the Syariah Courts deal with matters pertaining to Islamic law in the respective states.
b) Having a court system with a hierarchy of courts has various advantages. These may be summarized as follows:
It facilitates a system of appeals. The court hierarchy distinguishes between higher and lower courts so that persons who are dissatisfied with the decision of a lower court have an avenue to have the decision reviewed by a
The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice.
Below the Federal Court is the Court of Appeal. This court is headed by the President of the Court of Appeal.
Below the Court of Appeal are two High Courts with co-ordinate jurisdiction. One is the High Court of Malaya which serves Peninsula Malaysia, while the other is the High Court of Sabah and Sarawak, which serves East Malaysia, i.e. Sabah and Sarawak. Each of the High Courts is headed by a Chief Judge.
Below the High Courts are the Subordinate Courts, the highest of which are the Sessions Courts, each of which is headed by a Sessions Court Judge.
Below the Sessions Courts are the Magistrates’ Courts, each of which is presided over by a magistrate. Parallel to the Magistrates’ Court is the Juvenile Court (Court For Children) which is also presided over by a magistrate.
In Peninsular Malaysia (West Malaysia) there are provisions for Penghulu’s Courts below the Magistrates’ Courts. These are headed by a penghulu or village headman. He has very limited jurisdiction and usually deals with local disputes in an informal manner. However, in practice, these courts hardly function.
There are also the Native Courts and the Syariah Courts. These courts operate only at the State level. The Native Courts exist only in Sabah and Sarawak and they deal with native rights while the Syariah Courts deal with matters pertaining to Islamic law in the respective states.
b) Having a court system with a hierarchy of courts has various advantages. These may be summarized as follows:
It facilitates a system of appeals. The court hierarchy distinguishes between higher and lower courts so that persons who are dissatisfied with the decision of a lower court have an avenue to have the decision reviewed by a