The constitution is a law that contains rules and principles that act as the basis

for the formation of the government and guide the government to exercise power in
the administration of the country. Most countries in the world have a constitution in
written form including Malaysia, which is the constitutional principles collected and
codified in one document. But there is also a constitution in unwritten form, which is
a kind of constitution that is not codified in one document.
A court is a place to execute a sentence or the execution of a law prescribed by
the state. Courts are not only a place to execute criminal sentences but religious
punishments are also tried in court. A person will get justice based on the existing law
in the courts. The judicial system in Malaysia is divided into two, namely the lower
court and the high court. Magistrate courts and session courts are included in the
lower court system. The highest courts are the high courts in the Peninsula, Sabah and
Sarawak as well as the appellate courts and the federal courts. The federal court is
also known as the supreme court. The highest court and the last court to appeal is the
Federal Court. Matters related to Islamic law will be adjudicated by sharia courts.
The Malaysian court system originated from a 1807 charter known as the First
Charter of Justice which gave the British East India Company the right from the
British Royal Government to hold Courts of Justice in Penang settlements. Prior to the
formation of Malaysia in 1963, there were three Supreme Court in Southeast Asia, the
Commonwealth of the Supreme Court of the Federation of Malaya, Singapore
Supreme Court and the Supreme Court of Sarawak, North Borneo and Brunei. Each
Supreme Court consisting of a High Court and a Court of Appeal is headed by the
Chief Justice.

The hierarchy of courts of Malaysia starts with the Magistrates Court as the
first level followed by the Sessions Court, High Court, Court of Appeal and the
Federal Court of Malaysia, which is the highest level. The High Court, Court of
Appeal and the Federal Court are superior courts, while the Magistrates Court, the
Court for Children and the Sessions Court are subordinate courts. A Magistrate's
Court and a Court for Children are presided by magistrates.
 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.
The current Chief Justice of the Federal Court effective 2 May 2019 is Yang
Amat Arif Tun Tengku Maimun Tuan Mat, the President of the Court of Appeal is
Dato' Rohana Yusuf, and the Chief Judge of Malaya is Tan Sri Dato' Sri Azahar
Mohamed. The current Chief Judge of Sabah and Sarawak is Dato' Abang Iskandar
Abang Hashim.

There are also various other courts outside of the hierarchy. There are the
Penghulu's Courts, the Syariah Courts and the Native Courts. A court, which is
paralleled in jurisdiction with the Magistrates' Court, is the Juvenile Court. However,
Penghulu's Court has been abolished by Subordinate Courts (Amendment) Act 2010
(Act A1382), which came into force in March 2013.
The judiciary clearly serves to protect fundamental rights. In addition, it also
has the power to interpret Federal laws and the Constitution and repeal laws that are
unconstitutional to the extent that they are inconsistent. It is also the administrator of
justice in civil casesand crime in Malaysia.
It is very important for us as Malaysians to understand the role of each court in
Malaysia because the judicial system in Malaysia is different from other countries.
A court has judges according to the type of court and the number is
determined by order of the Yang Dipertuan Agung, the registrar who acts as the
administrator of the court's affairs, the interpreter who acts as an interpreter during the
trial, the bailiff who delivers the court order and other staff. The judiciary is free from
the influence of any party and judges do not have to answer any questions while
making decisions at trial. Judges also cannot be prosecuted for misjudgment. Only
Parliament has the power to discuss the conduct of judges with a motion ¼ from the
support of members of the House of Representatives.
2.0 Jurisdiction and composition of the Magistrate's Court
The Magistrate's Court is divided into two, namely the Civil Magistrate's
Court and the Criminal Magistrate's Court. For both sections, there are classes,
namely First Class and Second Class. The Court of First Class Civil Magistrate is a
First Class Magistrate can hear civil cases where the total claim does not exceed RM
100,000.00. The Second Class Civil Magistrate's Court is a Second Class Magistrate
can hear civil cases where Planitif's claim including interest does not exceed RM
100,000.00. If the claim does not exceed RM 5,000.00, the Plaintiff may file an action
in the small claims section of the Magistrates Court. However, in the case of small
claims, the parties cannot be represented by a lawyer. The case is represented by the
parties in the dispute themselves.
The First Class Criminal Magistrate's Court can only hear criminal cases
where the term of imprisonment prescribed by law does not exceed 10 years. The
penalties provided by law are fines only (including traffic offenses). In addition, the
First Class Criminal Magistrates Court as well shall not be sentenced to imprisonment
exceeding 5 years imprisonment and a fine exceeding RM 10,000.00 lashes exceeding
12 lashes.
While the Second Class Criminal Court can only hear cases where the
punishment provided by law is a fine only and cases where the term of imprisonment
prescribed by law does not exceed 12 months. The Second Class Criminal
Magistrate's Court can also impose a prison sentence not exceeding 6 months and a
fine not exceeding RM 1,000.00 only or any combination of the above punishments.
Among the cases heard by the Magistrate's Court are as follows: Stealing,
Breach of trust, Cheating, Receiving stolen goods, Damage to property, Trespassing,
Threatening, It hurts, Possession and consumption of controlled drugs, Corruption
cases, Immigration cases, Urban cases, Cases under the Road Traffic Act Fisheries,
and Forestry cases.

Not only that, the Magistrate's Court also has additional powers which can
issue a warrant or summons to compel a person to appear in court, impose a six
-month jail sentence on a person who fails to appear in court and order a person in jail
to be brought to court. The Magistrate's Court may also impose a prison sentence of 6
months to a person if committing an offense of delaying the completion of
judicial duties, disobeying a court order and fleeing from jurisdiction. A fine is also
issued to a person who insults the First Class Magistrate's Court which is RM 150.00
or 3 months imprisonment and if he insults the Second Class Magistrate Court can be
fined RM 50.00 or 1 week imprisonment.
The Magistrate's Court or trivial session court was formerly called a police
court. Magistrates are divided into First Class and Second Class Magistrates, with
First Class Magistrates having legal qualifications as well as greater powers. Second
Class Magistrates are now usually not appointed. The Magistrate's Court sits every
day except public holidays. A writ is an order or process issued by a court or judicial
officer asking any person to do or not to do something, and which contains
instructions as to what should be done. Recommendations are suggestions,
recommendations, advice, hints or recommendations.
For example, on June 21, 2019, the Magistrate's Court in Petaling Jaya ordered
actor Datuk Farid Kamil Zahari to defend himself on four charges including injuring a
policeman at the Kota Damansara Traffic Police Station. Magistrate Nor Arifin
Hisham made the decision after finding that the prosecution had succeeded in proving
a prima facie case at the end of the prosecution case. Charges were made in
accordance with Section 323, Section 353 and Section 90 of the Police Act 1967.
3.0 Jurisdiction and composition of the Sessions Court
The Sessions Court is the highest Subordinate Court. Apart from the
Magistrate's Court, the Sessions Court is also one of the lower courts in the national
judicial system.
Still, the position of the Sessions Court is that top of the Magistrates Court.
The Sessions Court is governed by a Sessions Court Judge and the Sessions Court has
no power to hear appeals from other courts. The Sessions Court is composed of
Sessions Court Judges appointed by the Yang Dipertuan Agung on the advice of the
Chief Justice of the High Court (Act 92). The judges of this court are appointed from
among the members of the Judicial & Legal Services Commission with 12 years of
experience. Its jurisdiction is also divided into two, namely civil jurisdiction and
criminal jurisdiction. The Sessions Court has no power of appeal against any case.
Within the civil jurisdiction of the Sessions Court can hear all civil cases such
as accident claim cases, disputes between landlords and tenants worth more than RM
100,000.00 but not exceeding RM 1,000,000.00. It also has the power to examine
civil case records issued by the Magistrates Court. Within the criminal jurisdiction,
the Sessions Court can hear all criminal cases except those subject to the death
penalty and conduct preliminary investigations into criminal offenses that have not
been tried in the High Court. In addition, the Sessions Court also issues summonses,
warrants and court orders. It can also transfer the case to the High Court if the losing
party is not satisfied with the court’s decision.
Error Dealing in stolen property Trying to kill people Misappropriating money
Possess a weapon in a Kidnapping riot Kidnapping women by
Punishment 20 years in prison and a fine of 10 years in prison 7 years
imprisonment and a fine of 5 years imprisonment 7 years in prison and a fine
imprisonment for 10 years and a fine
forced marriage Using destroy a house Using words or gestures that
Imprisonment 5 years or a fine or second- means disgraceful double honor once
someone Attacking MPs 7 years in prison and a fine Breach of trust 10-20 years in
prison and a fine fire by intention Prison of 20 years
The Sessions Court has no power of appeal against any case. If there are cases
in the Sessions Court or Magistrate, the prosecution or accused must submit a notice
of appeal to the Registrar of the High Court within 10 days for criminal cases and 14
days for civil cases. Criminal appeal cases must have a fine not exceeding RM 25.00
and civil appeal cases involve claims worth not less than RM 10,000.00 except for
issues of interpretation of the law, child custody, divorce and so on.
 For example, on March 6, 2019, a restaurant owner was acquitted and released
by the Sessions Court in Kuala Lumpur from two criminal breach of trust charges
amounting to RM 9,070.90, three years ago. Judge Datuk Zainal Abidin Kamarudin
made the it uke decision on Lam Ee Von, 38, after finding that the defense had
succeeded in raising a case of reasonable doubt at the end of the defense case. The
accused was previously charged with a charge of committing a criminal breach of
trust as a company director on company money by transferring RM each. 6,070.90
and RM 3,000 from Hong Leong Bank's account into the accused's account. The act
was charged under Section 409 of the Penal Code which carries a maximum sentence
of 20 years imprisonment and whipping and is punishable by a fine, if convicted.
4.0 Jurisdiction and composition of the Juvenile Court
The term "children" refers to those under the age of 18. Under Section 2 of the
Adult Age Act 1971, a person is considered an adult when he or she reaches the age
of 18 years. Under Section 2 of the Children Act 8
2001 (Act 611), the term "child" is given the meaning of "a person under the
age of 18 years". These two laws show that when a person is under the age of 18, he
or she is a child and is entitled to full protection under the Act 611. Act 611 was
passed by Parliament as a sign of the Malaysian government's commitment to perform
its duties under the Convention on the Rights of the Child. The Act repealed three
previous laws, namely the Juvenile Courts Act 1947, the Protection of Women and
Girls Act 1973 and the Protection of Children Act 1991.
A Court For Children was established (Sections 11 to 16) under Part IV of Act
611, while the criminal procedure in these courts is set out in detail in Part X
(Sections 83 to 104). This means that when a child in the country commits a criminal
offense, Act 611 requires that the child not be tried in a normal court i.e. an adult
court and also not be subject to the normal criminal procedure applicable to adults.
Children brought before Juvenile Court are not defendants. No conviction or
punishment was imposed on the child. The Magistrate in the Children’s Court
represented his community as Paren Patriae. Magistrates apply the principle of
safeguarding the interests of children.
Children who commit juvenile offenses such as drug use, smoking,
gangsterism, gangsterism, damaging public property, extortion and more should
undergo rehabilitation and not be punished. Child case handling should be separate
from adult case handling. The arrest, detention and trial of a child must be in
accordance with the Children Act 2001. If during the course of the case, the child
reaches the age of 18, the Children's Court can continue to hear the charges and can
exercise powers under Section 76 or impose a term of imprisonment such as the
Sessions Court if the offense is punishable by imprisonment. The Juvenile Court has
jurisdiction to hear, decide or clear any charge against a child. The magistrate is
assisted by two counsels where a man and a woman.
 For example, on November 28, 2017, two brothers who were arrested in
connection with the fire at the Tahfiz Darul Quran Ittifaqiyah Center, were sentenced
to two months in prison by the Children's Magistrate's Court in Kuala Lumpur after
pleading guilty to inserting cannabis into the body. Magistrate Zilfinaz Abbas ordered
the 16- and 17 -year -olds to serve jail terms starting from the date they were arrested.
The court also imposed a bond of RM 5,000 each without collateral and they were
ordered to report to the National Anti-Drug Agency (AADK) twice a month, for two
years accompanied by their mothers. The prosecution against the two brothers was
made in accordance with Section 15 (1) (a) of the Dangerous Drugs Act 1952, a
convict can be jailed for up to a maximum of two years or fined and a police
surveillance order for two years.
5.0 An assessment of the position of Islamic law in Malaysia
The position of Islam as the official religion of the federation has been
provided for in Article 3 of the Federal Constitution which clarifies that Islam is the
official religion of the federation but other religions can be practiced peacefully in any
part of the federation. Article 11 provides that everyone has the right to profess and
practice his religion and is subject to the conditions of Article 11, to develop his
religion. The condition is that the law can control or restrict the development of any
religious belief or belief among people who profess the religion of Islam. (Joned,
2007). Jurisdiction regarding Islamic law and its administration can also be seen
through the legal provisions within the state jurisdiction, List 2 (State List), Ninth
Schedule of the Federal Constitution and also Article 121 (1A) of the Federal
Constitution. Overall, these provisions apply to the religion of Islam and the
jurisdiction given to apply the Islamic law in Malaysia.
The administration of Islamic law in Malaysia is one of the basic things that
need to be emphasized in understanding the Islamic legal system in Malaysia
collectively. The administration of Islamic law in Malaysia has gone through
several phases of modification to make Islamic law today has been applied in
Malaysia although there are still some amendments to strengthen and strengthen the
administration of Islamic law in Malaysia and further put Islamic law on par or higher
than civil law.
In understanding the implementation of Islamic law in Malaysia, it cannot be
equated with other Islamic countries. Every Islamic country has its own approach.
Malaysia has two approaches in the implementation of Islamic law. The first by not
providing the force of law and the second by legislation that can be enforced by the
courts. Most of the demands of Islamic law are implemented by Muslims without the
force of law such as in relation to prayer and pilgrimage. What is meant by the legal
approach is the Islamic law codified by the legislature or ‘Legislative Council’.
Before the country achieved independence, there were several enactments related to
Islamic law such as marriage and some sharia offenses.
 Similarly, the administration of Islamic law in the first vice-kadi kadi and has
been recognized with the establishment of the Court and the Court of Vice-Kadi Kadi
in the Malay states in the structure of the Civil Court. His position is lower than that
of the Magistrates Court, despite being in the same court structure. Finally when the
Courts Ordinance 1948 was enacted to establish a judicial system for the Federation,
the Naib Kadi Court and Kadi Court were neglected by removing them from the
Federal Court hierarchy and today are known as Syariah Courts and have state court
status with very low and limited jurisdiction. Law is something that lives and evolves
according to the needs and progress achieved in a society. In the method of fiqh it is
stated, "The law changes with changes in time, circumstances and place". This is a
statement and the most obvious example in the development of Fiqh Syafi'i with the
existence of qawl qadim and qawl jadid.
Among the Islamic law that is applied until today which is through the
jurisdiction given to the state government in enacting anything related to Islamic law
under the jurisdiction of the state are as follows Islamic Family Law; Estate Law;
Islamic Criminal Law; and Zakat Law.
To date, in Malaysia there is no form of faraid law that has been codified in the form
of written law by the states as found in Egypt namely Qanun al-Mawarith 1943.
However, the Islamic method of inheritance division has been fully followed by
Syariah Courts of the states.
The next effort that the government has seen and realized is towards the
restructuring of Syariah Courts throughout Malaysia. A Working Committee to
Examine the Coordination of Judicial Services and Syariah Courts throughout
Malaysia and the establishment of the Federal Syariah Court of Appeal chaired by the
Honorable Chief Secretary to the Government and has conducted a study by
examining the existing organizational structure of Syariah Courts, powers of each
court and applicable regulations. , the powers of the State Government and the
Federal Government in relation to Islamic judicial and legal affairs. Examining the
position of the existing Syariah Court positions according to the classification of
positions and the level of achievement in recent years. Examining the terms of
reference of Shariah Officers, workload,
The Federal Constitution has empowered Parliament to determine the limits of
punishment that can be imposed by the Syariah Court. This law was not enacted until
1965. Which empowers the Syariah Court to impose a prison sentence not exceeding
6 months or a fine not exceeding RM 1,000.00 or both is through the Muslim Courts
(Criminal Jurisdiction) Act 1965. 19 years later, the law the law was amended,
amendments were made to this act and the new powers allocated to the Syariah Court
were two years imprisonment, 6 strokes of the cane and a fine of RM 5,000.00
provided through the Syariah Courts (Criminal Jurisdiction) (Amendment) Act 1984
(Act A 612). (Arifin, 2007). The Private Member's Bill regarding the amendment to
the Syariah Courts (Criminal Jurisdiction) (Amendment) Act 1984 tabled by the
Member of Parliament for Marang in 2016 is also a starting point towards upholding
the administration of Islamic law in Malaysia.
6.0 Opinions on the position of Islamic law in Malaysia
Among the proposals to increase the jurisdiction of the Syariah Court,
especially in matters of probate and administration of the estate of Muslims, which at
this time the Syariah Court only has the power to determine the division in faraid only
and not full jurisdiction in deciding cases related to probate and estate. Muslims. This
requires an amendment to the Federal Constitution. But steps have already been taken
to draft a law on wills and the administration of Muslim estates. It should be held
together with the provisions or laws regarding zakat and fitrah, baitulmal and wakaf.
Amendments also need to be made to other written laws applied by Muslims
as most of these provisions are contrary to Islamic law such as Section 112 of the
Evidence Act 1950 which provides with respect to the legality of children where it is
clear contrary to Islamic law which provides that if a child is born at the time the
mother marries a man, it shall be considered a legitimate child of the man.
Amendments need to be made so that Section 112 of the Act does not apply to
Muslims. (Institute of Islamic Understanding Malaysia (IKIM), 1997).
Attention should be given to the education and training of judicial and legal
officers who will be involved with the administration of Islamic law in the Syariah
Courts. They need to be given professional training and supervision at least like
judges and officers in civil courts. Every effort must be made to improve the
administration of Islamic law in the Syariah Court so that Islamic law can be accepted
as a fair and just law by not only Muslims but by all people in Malaysia.