MLR

Court System of Malaysia

Welcome to the Courts section of Malaysia Legal Resources. This comprehensive guide provides an overview of the Malaysian judicial system, detailing the structure and jurisdiction of various courts in the country.

Hierarchy of Courts

The Malaysian court system is structured in a hierarchical manner, with each level serving specific functions:

  1. Federal Court: The apex court and final court of appeal in Malaysia.
  2. Court of Appeal: The intermediate appellate court.
  3. High Courts: Superior courts with extensive original and appellate jurisdiction.
  4. Sessions Courts: Subordinate courts handling a wide range of criminal and civil cases.
  5. Magistrates' Courts: The lowest courts in the hierarchy, dealing with less serious offenses and smaller civil claims.

Federal Court

The Federal Court is the highest judicial authority in Malaysia. It has both original and appellate jurisdiction, including:

  • Interpreting the Federal Constitution
  • Resolving disputes between states or between the federal government and a state
  • Hearing final appeals from lower courts

Learn more about the Federal Court

Court of Appeal

Established in 1994, the Court of Appeal serves as an intermediate appellate court between the High Courts and the Federal Court. It primarily hears appeals against decisions of the High Courts in both civil and criminal matters.

Learn more about the Court of Appeal

High Courts

There are two High Courts in Malaysia: the High Court in Malaya and the High Court in Sabah and Sarawak. These courts have extensive original and appellate jurisdiction in both civil and criminal matters.

Learn more about the High Courts

Sessions Courts

The Sessions Courts handle a wide range of criminal and civil cases, including offenses punishable with imprisonment up to 20 years and civil actions where the claim does not exceed RM1 million.

Learn more about the Sessions Courts

Magistrates' Courts

As the lowest courts in the hierarchy, Magistrates' Courts deal with less serious criminal offenses and smaller civil claims. They play a crucial role in providing accessible justice for minor offenses and disputes.

Learn more about the Magistrates' Courts

Specialized Courts and Tribunals

In addition to the main court hierarchy, Malaysia has several specialized courts and tribunals:

Shariah Courts

Shariah Courts operate alongside the civil courts, having jurisdiction over Muslims in matters of Islamic personal and family law.

Learn more about Shariah Courts

Statutory Tribunals

Various statutory tribunals handle specific types of disputes, providing more accessible and efficient resolution for certain categories of cases.

Learn more about Statutory Tribunals

Native Courts

Found primarily in Sabah and Sarawak, Native Courts deal with matters of native law and custom among the indigenous peoples of these states.

Learn more about Native Courts

Special Courts

Malaysia has established several special courts to handle specific types of cases, including Juvenile Courts, Environmental Courts, and Cyber Courts, among others.

Learn more about Special Courts

Court Buildings

The Malaysian judiciary operates from various court buildings across the country, each serving as a physical representation of the justice system. These structures range from historic colonial-era buildings to modern architectural marvels.

Federal Court and Palace of Justice

The Federal Court, along with the Court of Appeal, is housed in the Palace of Justice (Istana Kehakiman) in Putrajaya. This impressive building, completed in 2007, features a blend of modern and Islamic architectural elements, symbolizing Malaysia's legal system rooted in both common law and Islamic principles.

High Court Buildings

High Courts are typically located in major cities across Malaysia. For example:

  • The Kuala Lumpur Courts Complex houses various courts, including the High Court of Malaya.
  • In East Malaysia, the High Court of Sabah and Sarawak operates from buildings in Kuching and Kota Kinabalu.

Subordinate Courts

Sessions Courts and Magistrates' Courts can be found in most towns and cities throughout Malaysia. These buildings are often more modest in design but play a crucial role in providing access to justice at the local level.

Heritage Court Buildings

Some court buildings in Malaysia have significant historical value:

  • The Sultan Abdul Samad Building in Kuala Lumpur, with its distinctive Moorish architecture, formerly housed the Federal Court and other government offices.
  • The Penang High Court building, constructed in 1905, is a fine example of colonial-era architecture.

These court buildings not only serve their judicial functions but also stand as important landmarks, reflecting Malaysia's legal history and architectural heritage.

Conclusion

The Malaysian court system is designed to ensure justice, uphold the rule of law, and provide effective dispute resolution mechanisms for various legal matters. From the Federal Court at the apex to the specialized tribunals, each component plays a vital role in maintaining the integrity of the legal system.

For more detailed information on specific courts or legal procedures, please explore the individual court pages or consult with a qualified legal professional.