SUPERIOR COURTS

COURTS ESTABLISHMENT COMPOSITION OF JURISDICTION OF

OF THE COURT THE JUDGES THE COURT
Federal Court 1. Was established 1. Chief Justice. ORIGINAL
during Malayas JURISDICTION :-
independence in 2. President of Court 1. Determine the
1957 and received its of Appeal. validity of the laws
current name in 1994. enacted by
3. Chief Judges of Parliament and State
High Court. Assembly.

4. Seven (7) Judges 2. Solving the

from other Federal disputes between
Court. States and States or
States and Federal.
5. Some additional
judges. APPEALS
JURISDICTION :-
1. Decide on appeals
against decisions of
the High Court and
Court of Appeal.

OTHER
JURISDICTION :-
1. Advising the YDPA
on the Constitution.

2. Giving opinion and

make decision on
certain law when it
referred.

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 3. Deciding or send
trial case related to
Constitutional
provision from a court
to other court.
Court Of Appeal Established in 1994 1. President of Court 1. Court of Appeal
of Appeal. generally judge all
civil appeal case
2. Judges of Court of towards decision of
Appeal. the High Court,
except order or court
decision made
through agreement.

2. For cases which

involves:
Claims
exceeding
RM250,000
Courts
decision or
order that
related to cost
only but need
permission
from the Court
of Appeal in
advance.

3. Court of Appeal
also discussing the
decision appeals in
High Court criminal
case.

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High Court Article 121 of the 1. A Chief Judge and ORIGINAL
Constitution of other High Court JURISDICTION :-
Malaysia provides judges. 1. Can judge any civil
that there shall be two case and crime case.
High Courts of co- 2. Judicial
ordinate jurisdiction- Commissioner 2. May pass any
the High Court in sentence allowed by
Malaya and the High law.
Court in Sabah and
Sarawak(before 3. The power is
1994, the High Court limited to local
in Borneo) jurisdictions.

APPEALS
JURISDICTION :-
1. Have supervisory
and revisionary
jurisdiction of the
results of all
Subordinate Courts.

2. Have jurisdiction to
hear all appeals from
the Subordinate
Courts in civil or
criminal cases.

OTHER
JURISDICTION :-
1. Give advice to
Subordinate Court in
the case of the
Constitution.

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 2. Disputes between
landlord and tenant.

3. Validity or divorce
of marriage and
husband and wife
matters.

4. Child care.

5. Will legal statement

giver, will matter and
letters of
administration of
estates.

6. Injunction

7. Cancellation of
contract.

8. The validity of the

individual.

9. Bankruptcy and
matters relating to the
winding up the
company.

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SUBORDINATE COURTS

COURT ESTABLISHMENT COMPOSITION OF JURISDICTION OF THE

OF THE COURT THE JUDGES COURT
CIVIL CRIME
Session Court Established under Session Court judge Discuss the Discussing
S.59 SCA 1948 appointed by YDPA case of the any
on the maximum offenses
recommendation of value of the except the
the Chief Judge. matter in death
dispute penalty.
does not
exceed
RM1 million
except for
cases
involving
motor
vehicle
accidents,
suffering,
and cases
between
landlord and
tenant.
Magistrate Court Established under 1. Presided by 1st Discuss the 1. Discuss
S.76 SCA 1948 Class Magistrate case of the any
and 2nd Class maximum offenses
Magistrate. value of the punishable
matter in up to 10
2. 1st Class dispute is years in
Magistrate no more prison or a
appointed by the than fine.
King or Sultan with RM100,000.

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the recommendation 2. Discuss
of the Chief Justice offenses
except Federal under the
Territory by YDPA. Penal
Code 392
and 457

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COURTS OF SPECIAL JURISDICTION

COURT ESTABLISHMENT COMPOSITION OF JURISDICTION OF

OF THE COURT THE JUDGES THE COURT
Special Court Established by the 1. There shall be a The Special Court
Federal Constitution court which shall be has exclusive
on March 20, 1993, known as the Special jurisdiction to try all
that has the Court and shall offences committed
jurisdiction to try civil consist of the Chief in the Federation by
or criminal action Justice of the Federal the Yang di-Pertuan
instituted by or against Court, who shall be Agong or the Ruler of
Yang DiPertuan the Chairman, the a State and all civil
Agong (The King) or Chief Judges of the cases by or against
H.R.H. Sultans & High Courts, and two the Yang di-Pertuan
Raja, the Head of the other persons who Agong or the Ruler of
Malaysias states. hold or have held a State,
office as judge of the notwithstanding
Federal Court or a where the cause of
High Court appointed action arose.
by the Conference of
Rulers.

2. Any proceedings
by or against the
Yang di-Pertuan
Agong or the Ruler of
a State in his
personal capacity
shall be brought in a
Special Court
established under
Clause (1).

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Syariah Court Established out of Syariah court has 1. The Magistrates'
state law. Similarly been equated to the Court can impose a
syariah or Islamic law Sessions Court and sentence of an
is a matter of state law, Magistrates' Court imprisonment up to 5
with the exception of which, in the Federal years, a maximum
the Federal Territories Constitution, are fine of RM10,000 and
of Malaysia, as called inferior courts. whipping up to twelve
provided in Article 3 of The Syariah courts strokes, or a
the Constitution. are mere State courts combination thereof,
and do not enjoy the the so-called "5:10:12
same status and Rule"; and
powers as the High
Court. It follows that 2. The Syariah court
the High Court has in its criminal

supervisory powers jurisdiction is subject

over the Syariah to limits imposed by
court just as it has Federal law of a
supervisory powers maximum sentence
over other inferior of three years

tribunals, such as the imprisonment,

Industrial Court. maximum fine of
RM5, 000 and
whipping up to six
strokes, the so-called
3:5:6 Rule.
Court of Children 1. Establishment in 1. Section 11 of the 1. Under Section 11
Malaysia under Part IV Child Act 2001 of the Child Act 2001,
of the Child Act 2001 provides that the the Court for Children
[Act 611] for the court for Children shall have jurisdiction
purpose of hearing, shall consists of a for the following
determining or Magistrate who is matters:
disputing of any assisted by 2 2. The hearing,
charge against a advisers which is determining or
Child. The Courts of appointed by the disposing of any

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 Children may also Minister from a panel charge against a
exercises its of persons resident in child;
jurisdiction conferred the respective state. 3. To try all offences
toby the Act or by any 2. One of the 2 except offences
other written law. advisers shall be a punishable with death
2. Section 2 of the women. The 4. Exercising any
Child Act 2001 [Act functions of the other jurisdiction
611] defines Child as advisers are to any conferred or to be
a person under the consideration conferred on the
age of eighteen years, affecting the order Court for Children by
and for the purposes made upon the or under this Act or by
of criminal finding of guilt or any other written law.
proceedings, means a other related 5. According to
person who has treatment of any child Section 2 of the Child
attained the age of brought before it and Act 2001, the
Ten. if necessary, to meaning of child
3. The words person advise the parent or means a person
convicted, guardian of the child. under the age of
conviction and eighteen years and in
sentence cannot be relation to criminal
used in relation to a responsibility as
child dealt with by the prescribed in Section
Court for Children but 82 of the Penal Code.
should be construed 6. Section 82 of the
as a child found Penal Code provides
guilty, a finding of that a child under the
guilt and an order age of 10 does not
mad upon a finding of have any capacity to
guilt respectively. commit any offence.
The Native Court 1. A separate system 1. The Native Court in
(Sabah and Sarawak and hierarchy of Sabah and Sarawak
only) Native Courts has does not have
been established in jurisdiction over the
Sabah and Sarawak following matters;

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under the Native 2. Any proceedings
Courts Ordinance in which a person
1992 to hear and is charged with an
determine disputes offence in
among natives in consequence of
relation to native which is alleged to
customary laws. have occurred
2. The Native Courts 3. An offence under
Ordinance 1992 which the Penal Code
replaces the previous 4. Any proceedings
Native Courts concerning marriage
Ordinance 1953 in or divorce regulated
Sabah and Native by the Law Reform
Courts Ordinance (Marriage and
1995 in Sarawak Divorce) Act 1976
provides for a system and the Registration
of Native Courts in of Marriages
Sabah and Sarawak Ordinance 1952,
with both original and unless it is a claim
appellate jurisdictions. arising only in
regard to bride-
price or adultery
and founded only
on native law.
5. Any proceedings
affecting the title to
or any interest in
land which is
registered under
the Land Code.
6. Any case
involving a breach
of native law or
custom if the

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 maximum penalty
which is authorized
to pass is less
severe than the
minimum penalty
prescribed for such
offence.

cases arising
from the breach
of Ordinan
UndangUndang
Keluarga Islam
1991 and rules or
regulations made
thereunder, or the
Malay custom of
Sarawak

7. any criminal or
civil matter within
the jurisdiction of
any of the Syariah
Courts constituted
under the Ordinan
Mahkamah Syariah
1991
8. Any proceedings
taken under any
written law in force
in the State
Native Courts in 1. The composition 1. Under the 1. Section 6 of the
Sabah and structure in Sabah restructured Native Native Courts
is governed by the Court in Sabah, every Enactment 1992

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Sabah Native Courts level of Courts provides that the
Enactment 1992, consists of three Native Courts in
which replaced the numbers. Sabah has original
Native Courts 2. According to jurisdiction over the
Ordinance 1953. Section 3 (2) of the following matters;
2. According to Sabah Native Courts 2. Cases arising from
Section 3 of the Native Enactment 1992, a breach of native
Courts Enactment each Native Court law or custom in
1992, the yang consists of three respect of religion,
DiPertua Negeri of Native Chiefs or matrimony or sex
Sabah has the power Headmen resident where one of the
to establish Native within the territorial parties is a native; a
Courts at such places, jurisdiction of such written sanction of
as he or she may court as maybe the District Officer
deem fit. empowered from time acting on the advice
3. The Native Court in to time by the State of two Native Chiefs
Sabah is divided into Secretary. to institute
of a Three-tier proceedings is a
structure consisting of requirements where
the following; one party is not a
The Native native.
Court 3. Cases involving
native law, custom
The District relating to;
Native Court 4. Betrothal,
marriage, divorce,
nullity of marriage
and judicial
separation;
5. Adoption,
guardianship or
custody of infants,
maintenance of
dependents and

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 legitimacy;
6. Gifts or succession
testate or intestate
7. Other cases if
jurisdiction is
conferred upon it by
the Native Court
Enactment or any
other written law.
Native Courts in 1. It consists of the 1. Section 5 of the
Sarawak Headmens Court, Native Court
Chiefs court, Chiefs Enactment 1992
Superior Court, provides that the
District Native Court, Native Court in
Residents Native Sarawak shall have
Court and the Native original jurisdiction in
Court of Appeal. the following matters;
2. The Headmens 2. Breach of native
Court is presided by law or custom
Headmen and 2 where all the
assesors. parties are subject
3. The Chiefds Court to the same native
is presided by a system of personal
Penghulu and 2 law.
assessors.
4. The Chiefs 3. Cases arising
Superior Court is from breach of
presided by a native law or
Temenggong or custom relating to
Pemancar with 2 religious,
assessors or both matrimonial or
Temenggong and sexual matter
Pemancar with one where one party is
assessor. a native.

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 5. The District Native 4. Civil matters
Court is presided by a (excluding cases
Magistrate and 2 under the
assessors. jurisdiction of the
6. The Residents Syariah Court) in
Native Court is which the value of
presided by a the subject matter
Resident with 2 or 4 does not exceed
assessors. RM2, 000 and
7. The Native Court of where all the
Appeal is presided by parties are subject
a Judge with one or to the same native
more assessors. system of personal
law.
5. Any criminal
case of a minor
nature which are
specifically
enumerated in the
Adat Iban or any
other customary
law whose custom
the court is bound
and which can be
adequately
punished by a fine
not exceeding that
which the Native
Court can award.
6. Any matter in
respect of which it
may be empowered
by any other
written law to

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 exercise
jurisdiction.
Industrial Court 1. Industrial court is a 1. The Industrial court 1. To hear and hand
specialized tribunal consist of President down decision or
established as a appointed by the awards in industrial
permanent body by Yang di-Pertuan disputes referred to it
Industrial Relation Act Agong and a panel of by the Minister or
1967 to provide persons appointed by directly by the parties.
compulsory forum for the Minister Of Law.
the settlement of the This panel contains a 2. To grant
trade dispute. group of representing cognizance to the
employees and a collective
The earliest statute group representing agreements which
that provide for workmen. have been jointly
Industrial Court deposited by the
establishment are: 2. The Industrial employers/ trade
Industrial court Court is heard by the union of employers
Enactment president and two and trade union of
1940 members drawn from employees.
(Federated the panel-one from
Malay State) each group.

Industrial
Court
Enactment
1940 (Kedah)

Industrial
Court
Ordinance
1940 (Straits
Settlement)

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Martial Court Martial Court is a 1. Section 105- Court 1. S103 (1) of Act 77
Military Court. It is Martial should consist provides the Martial
established under the of the president and Court the jurisdiction
Armed Force Act not less than 2 other to try any person
1972. officer. subject to service law
for any offence which
Section 2 of 2. Section 105(2) - is triable by court-
the Armed Officers forming the martial. The same
Force Act court shall belong to section also provides
1972- Armed the same service as the mentioned court
Force the accused. the jurisdiction to
includes the award for any such
regular forces 3. Section 105(3) - offence any
of Malaysia officer shall not be punishment
and other appointed unless he authorized by this Act
forces which is subject to service for that offence.
may be law and has been
declared by officer for 2 years. 2. S.88 (1) also
the Yang di- includes the
Pertuan 4. Section 105(4) - It jurisdiction of Martial
Agong. consist of 5 officer or Court to civil offences
more, the president committed whether in
The Armed shall be an officer of the Federation (of
Force Act 1972 or above the rank of Malaysia) or
has been used lieutenant-colonel or elsewhere (outside of
in Martial Court its equivalent. Malaysia).
in Malaysia.
5. Section 105(5) - It 3. S.88 (2) defines as
Regular consist less than 5 what is meant by civil
Forces- officers, the president offence. Civil
includes the shall be appointed by Offence means any
Malaysia officer convening the act or omission
Army, the Court Martial and punishable by the law
Royal shall not be under the of the Federation; or

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Malaysian rank of major or its which, if committed in
Navy and the equivalent. the Federation, would
Royal be punishable by that
Malaysian Air law.
Force.
4. S.88(3) explain the
example of specific
punishment for
specific cases like
offences relating to
treason, murder,
manslaughter, rape

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 COURT
OF
APPEAL
Gideon Tan v. Tey Por Yee and another appeal
[2017] 1 MLJ 352

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SESSION
COURT
Yong Yit Swee & Ors v. Sri Inai (Pulau Pinang)
Sdn Bhd & Anor [2003] 1 MLJ

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MAHKAMAH
RAYUAN
SYARIAH

Jumaaton Dan Satu Lagi Lwn Raja Hizaruddin

[1998] 6 MLJ 556

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 SPECIAL
COURT
Standard Chartered Bank Malaysia Bhd v. Duli
Yang Maha Mulia Tuanku Jaafar Ibni Almarhum
Tuanku Abdul Rahman, Yang Di Pertuan Besar
Negeri Sembilan Darul Khusus [2009] 4 MLJ 1

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