CHAPTER 4

JUDICIAL SYSTEM

PREPARED BY:
IZYAN FARHANA ZULKARNAIN
UITM SAMARAHAN II
1
THE JUDICIAL SYSTEM

SUPERIOR COURTS

INFERIOR OR SUBORDINATE COURTS

COURTS OF SPECIAL JURISDICTION

IZYAN FARHANA ZULKARNAIN 2

 HIREARCHY OF COURTS
FEDERAL COURT

COURT OF
SUPERIOR APPEAL SPECIAL COURT
COURTS

HIGH COURT HIGH COURT

SYARIAH (WEST MALAYSIA) (SABAH & SARAWAK)
COURT

SESSIONS SESSIONS NATIVE

COURT COURTS COURT

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

IZYAN FARHANA ZULKARNAIN 3

 COURT SYSTEM
➢Courts are divided into two categories:
(i) Superior Courts:
- Federal Court
- Court of Appeal
- High Court
(ii) Subordinate Courts:
- Sessions Court
- Magistrates Court
- Magistrates Court for Children
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 FEDERAL COURT
➢ Article 122 Federal Constitution - 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
o Proceeding in Federal Court shall be heard and disposed by 3
judges or such greater number of Judges as the Chief Justice may
require
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 Federal Court
➢ Jurisdiction:
o It has 4 types of jurisdiction:
▪ Original
▪ Appellate
▪ Reference
▪ Advisory
❑ Original jurisdiction – Article 128 (1)
o Federal 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;
o Federal Court may also hear disputes on any other question between
States or between the Federation and any State

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 Federal Court
❑ Appellate jurisdiction – Article 128 (3)
o It has jurisdiction in both criminal and civil matters
o To hear appeal from the Court of Appeal and High Court
o Appeal lies from question of fact, or a question of law or on a question mixed fact
and law
o 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
o On hearing of the appeal, the court may confirm, reverse or vary the decision of the
Court of Appeal or may order re-trial or may remit matter to the High Court
o Court also may if it thinks that different sentence should have been passed, quash
the sentence passed, confirm or varied by the Court of Appeal and pass such other
sentence warranted in law

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 Federal Court
❑Reference or Revisionary – Article 128 (3)
o On constitutional issues, the High Court can stay its
proceeding and forward the constitutional issues to the
Federal Court
o Federal Court shall determine in the same way as an appeal
to the Federal Court
❑Advisory Jurisdiction – Article 130
o 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

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 COURT OF APPEAL (COA)
➢ Article 122A - President of the Court of Appeal is the Head of the Court
➢ Appointed by the YDPA after consulting the Conference of Rulers

➢ Composition of the Court

o Court has a President + 10 other Judges (11 Persons altogether)
➢ Proceedings
o 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.

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 COURT OF APPEAL
➢Jurisdiction:
o Has appellate jurisdiction over criminal and civil cases
o Hear and determine any criminal or civil appeal against any decision made
by the High Court
o May also consider appeals decided by the High Court relating to matters
decided by the Magistrates Court, but it will be confined only to question
of law
o Appeal must be within 14 days after judgment is given

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 COURT OF APPEAL
➢Civil Appeal Cases:
o 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
o If the amount is less than RM250,000 the parties must
get the permission from the Court of Appeal
➢Criminal Appeal Cases:
o Has jurisdiction to hear and determine any appeal
against the decision of the High Court

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 HIGH COURT
➢ 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:
o Chief Judges
o 47 Judges in High Court Malaya
o 10 Judges in High Court Sabah and Sarawak

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 High Court
➢ A person qualified for appointment as a Judge of the High Court 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:
o Original jurisdiction;
o Appellate jurisdiction;
o Supervisory and revisionary jurisdiction

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 High Court
o Original Jurisdiction – High Court hears has both criminal and
civil powers
o As 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
o As for criminal, High Court will hear criminal matters involving
death penalty
o Appellate Jurisdiction – High Court hears criminal and civil
appeals from the Magistrate and Sessions Courts
o Revisionary and Supervisory Jurisdiction – High Court has
power to revise criminal proceedings in the Subordinate Courts, 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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 Sessions Court
➢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
➢ 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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 Magistrate Court
➢ 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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 Magistrate Court
➢ 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
➢ 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 the 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
Court

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 Syariah Court
➢ Syariah Subordinate Court:
➢ 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:
❑ Can try any offence committed by a Muslim under the Enactment [eg-
Islamic Family Law (FT) 1984] or any other written law (Syariah Criminal
Offences (Federal Territories) Act 1997); or
❑ Maximum punishment does not exceed RM2,000 or imprisonment of a
term of 1 year or both and may impose any punishment provided thereof
Civil Jurisdiction:
❑ Can 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 Court…
➢ Syariah High Court:
(a) Composition:
❖ 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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 Syariah Court
➢ Jurisdiction:
❑ Syariah High Court has:
❖ Original jurisdiction;
❖ Appellate jurisdiction;
❖ Supervisory and revisionary jurisdiction
➢ Original Jurisdiction:
✓ Civil and criminal cases
(i) Civil:
o Hear all matters relate to personal and family law
o Other matters concerning which jurisdiction is conferred by any written law
(ii) Criminal:
o Offences committed by Muslims which are punishable under:
(a) 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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 Syariah Court
➢ Appellate Jurisdiction:
✓ Can 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
✓ 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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 Syariah Court
➢ Supervisory and Revisionary Jurisdiction:
✓ Section 51 of the Administration of Islamic Law (Federal
Territories) Act 1993 states that;
▪ 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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 Syariah Court
➢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 the 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 was 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:
o A 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 Court
➢ 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:
o A Malaysian citizen; and
o 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
is a person learned in Islamic law

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 Syariah Court
❑ Every case in the Syariah Appeal Court is heard by the Chief Syariah
Judge (as Chairman) and 2 Judges selected by him
❑ 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
❑ 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
❑ 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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 Syariah Court
(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
➢ 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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 Syariah Court
❑ Supervisory and revisionary jurisdiction:
➢ Call for examine, at 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
(1) SARAWAK
▪ Established under Sarawak Native Courts Ordinance 1955
▪ Courts consists of:
▪ Headman’s Court (Mahkamah Penghulu) consisting of the Headman
and two Assessors
▪ Native Officers or Chief 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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 Native Courts
➢Resident’s Native Court is also an Appellate Court and
consists of a Resident together with a Native Officer or
Chief and two Assessors
➢Native Court of Appeal may consist of 3, 5 or 7 members
including the presiding Judge. This court has the same
power as the High Court

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➢ Hierarchy:

3, 5 or 7 members including the

Native Court of Appeal
presiding Judge

Appellate Court and consists of a

Resident Native Court Resident together with a native
Officer or Chief and two Assessors

District Native Court First Class Magistrate

Chief’s Superior court 3 Members and 2 Assessors

(Mahkamah bagi Pegawai atau

Chief’s Court Ketua Anak Negeri) - Native
Officer or a Native and 2 Assessors

Headman’s Court (Mahkamah Penghulu) - the

Headman and two Assessors
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 Native Courts
(2) SABAH
▪ Established under Sabah Native Courts Ordinance 1953
▪ 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 High Court Judge, Resident of the area and one
Native Chief appointed by the Yang Dipertuan Negeri

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➢ Hierarchy

Native Court of Appeal

High Court Judge, Resident of the
(Mahkamah Rayuan Anak
area and one Native Chief
Negeri)

District Officers Court

(Mahkamah Pegawai District Officer
Daerah)

Native Court
Native Chief and Headman
(Mahkamah Anak Negri

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 SPECIAL COURT FOR RULERS
➢ Article 182 of the Federal Constitution, 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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 Special Court for Rulers
➢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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 Court Martial
➢ 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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 Court Martial
➢ Amongst the offences 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;
➢ Punishment 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 and etc.

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 COURTS FOR CHILDREN
➢ Child Act 2001 has repealed the Juvenile Courts Act 1947
➢ Juvenile Courts now replaced by the 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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 Court for Children
➢ 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 for Children
➢ 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
➢ Probation Hostels:
▪ It is 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.
▪ 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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 Industrial Court
➢ President and Chairman must be legally qualified with at least seven years’
standing in professional practice

➢ 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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 Industrial Court
➢ Jurisdiction: On matters relating to trade dispute and dismissal of
workman
➢ Meaning of trade dispute under Section 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
➢ Decision handed down by the Court referred to as an award which is
final and conclusive

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THANK YOU

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