MALAYSIAN LEGAL HISTORY

Historically, Malaysia was once a British colony. It is important to

understand that much of Malaysia’s history is related to Great Britain,
which was established amongst the early colonies on the Malay
Peninsula. The legal history of Malaysia begins with the acquisition of
Penang in 1786.

In 1957, Malaya gained independence, and in 1963, Sabah, Sarawak

and Singapore merged with Malaya to form Malaysia.

Singapore separated from Malaysia in 1965.

 THE FEDERAL SYSTEM
Malaysia is a federation consisting of thirteen (13) states (Negeri) and
three (3) federal territories (Wilayah Persekutuan).

In a federal system, there are two levels of government: the federal

government and the state government.
Article 4(1) of the Federal Constitution states:
Article 75 of the Federal Constitution:
LEGISLATION/STATUTE

The Parliament of Malaysia is the national legislature or lawmaker of the country.

Legislation is laws enacted by Parliament. .
STATE CONSTITUTION

Each state in Malaysia has its OWN constitution, which provides the
regulation of the State Government at the state level.
 HIERARCHY OF LAW

Federal Constitution

Parliament

State Constitution
 Classification of law
PUBLIC LAW
Public law is that branch of the law which governs the relationship between individuals and
the state. Eg: Criminal Law

PRIVATE LAW / CIVIL LAW

Private law/civil law is the branch of law that is concerned with the legal relations between
private individuals. Eg: Contract Law

INTERNATIONAL LAW
Governs relations between two countries.
 PARLIAMENT, THE EXECUTIVE AND THE JUDICIARY
PARLIAMENT

THE EXECUTIVE

THE JUDICIARY
a) The Federal Constitution

b) Legislation / Statute

c) Subsidiary Legislation / Delegated Legislation

.

d) The State Constitution

.
a) Common Law / Case Law

b) Judicial Decisions

c) Customary Law
Hierarchy of Courts/Court Structure

Superior Court
•High Court
•Court of Appeal
•Federal Court

Subordinate Court
•Magistrates Court
•Sessions Court
Jurisdiction of Courts: Powers of a Court.

Subordinate Courts: The Magistrates Courts and Sessions Courts in

Malaysia have the power in both criminal and civil matters.

Magistrates’ Courts
Civil matter:

Criminal matter:
Sessions Courts
Civil matter:

Criminal matter:
Superior Courts: The superior courts consist of The High Court (The High
Court of Malaya and the High Court of Sabah and Sarawak), The Court of
Appeal and The Federal Court.

High Court

Court of Appeal
Federal Court

Special Court

Court for Children (Juvenile Court)

Other Courts and Tribunals:

i.Syariah Court:

ii. Native Court:

iii. Industrial Court:

iv. Consumer Claims Tribunal: