THE JUDICIAL SYSTEM OR THE

JURISDICTION OF COURTS IN
MALAYSIA
SUBORDINATES OR INFERIOR
COURTS IN PENINSULAR
MALAYSIA
 Subordinate or Inferior Courts
 It consists of Penghulu’s Courts, Magistrates’ Courts and
Sessions Courts
Penghulu’s Courts
 Lowest level of the Subordinate Courts

 Presided by penghulu or headman appointed by the

State Government for a mukim

 Penghulu normally settle disputes informally

- Penghulu is empowered to hear and determine civil

matters where the plaintiff wants to get a debt or recover
a money not exceeding fifty ringgit and all parties to
proceedings are Asian race,speaking and understanding
the Malay language
 Magistrates’ Courts
 - dealing with minor civil and criminal cases.
 - First class Magistrate
 - having jurisdiction to try all offences for
which the maximum term of punishment does
not exceed 10 years imprisonment or all
offences punishable with fine only
 - Where a person is found guilty , the
magistrate may pass any sentence not
exceeding
 1. five years imprisonment
 2. a fine of ten thousand ringgit
 3. whipping up to twelve strokes
 4. a combination of any above

 Second Class Magistrate

- having jurisdiction to try offences where the
maximum term of imprisonment does not
exceed 12 months or offences punishable with
fine only
 A second class magistrate may pass any
sentence
 1. not exceeding six months imprisonment
 2. a fine not more than one thousand ringgit
 3. any sentence combining

-For civil matters the first class magistrate has

authority to try all actions where the amount of
the dispute or the value of the subject matter does
not exceed twenty five thousand ringgit
 - A second class magistrate shall only have
jurisdiction to try civil matters where the plaintiff
seeks to recover a debt or money not exceeding
three thousand ringgit

 Sessions Courts
 - the highest of the Subordinate or Inferor Courts.
 -It’s criminal jurisdiction extends to all offences
other than offences punishable with death. So it
can pass any sentence other than death sentence
 In civil matters- it has jurisdiction to try all
actions where the amount in dispute or the
subject matter does not exceed one hundred
thousand ringgit
 Superior Courts
 -It comprises High Court of Malaya and High
Court of Sabah and Sarawak, the Court of Appeal
and the Federal Court
 - The High Court
 - The High Court consists of two chief judges one
in Peninsular Malaysia and one in Sabah and
Sarawak
 - The jurisdiction of the High Court is original,
appellate and supervisory
 - In exercising its original jurisdiction, it has
unlimited criminal and civil powers
 - For civil matters which cannot be determined in
the Subordinate Courts is heard before the High
Court
 - In criminal cases no case may be brought to the
High Court unless an offender has been properly
committed for trial after preliminary hearing in a
Magistrates’ Court

 - In exercising its appellate jurisdiction, the High

Court hears civil and criminal appeals from the
Magistrates’ and Sessions Courts
 - The High Court also has power to refer any
points of law arising in the appeal for the
decision of the Court of Appeal if it feels for
the public interest and paramount importance
 The High Court also has been given general
supervisory and revisionary jurisdiction over
all Subordinate Courts
 Court of Appeal
-The Court of Appeal has jurisdiction to hear and
determine any appeal against any High Court decision on
criminal matters
 The Court of Appeal also has jurisdiction to hear and

determine civil appeals for cases where the value of the

subject matter is two hundred and fifty thousand
ringgit
 Where an appeal has been heard and disposed of by the

Court of appeal, it has no power to review the case , no

power to re-open ,re -hear nor to re-examine its decision
for whatever purpose
 The Federal Court
 - It is the highest or the final court in Malaysia
 The Federal Court has jurisdiction in the following
matters:
 1. To hear civil and criminal appeals from decisions of a
High Court
 2. To exercise exclusive original jurisdiction given by
the Federal Constitution. For eg it can hear any disputes
on any matter between any state and the Federal
Government. It can also declare the validity of any
federal or state legislation in excessing their powers
 3. -To determine constitutional questions which
arisen in the proceedings of the High Court but
referred to the Federal Court for a decision

 4. – To give its opinion on any question

referred to it by Yang DiPertuan Agong
concerning the effect of any provision of the
Constitution