MPW2133 MALAYSIAN STUDIES 16 MARCH 2013 TOPIC: JUDICIARY AUTHORITY IN MALAYSIA

NUM. 1 2 3 NAME SITI NOOR FARHANI BINTI ALI SHANNEN MARCUS NGAU ANNES FADINA BINTI TAIWAN ATTD. NUM 59 58 08 PROGRAMME PRE-FOUNDATION PRE-FOUNDATION PRE-FOUNDATION

PALACE OF JUSTICE SITUATED IN PUTRAJAYA

Yang DiPertuan Agong

Subordinate Court Superior Court Special Courts The Syariah Court Penghulu Court & Native Court

THE YANG DI-PERTUAN AGONG

To hear and determine criminal matters

To interpret law

To proclaim a written Federal and State law in valid

To declare a government action is invalid in the eyes of law

Superior Courts

Federal Court Court of Appeal High Court in Malaya High Court in Sabah and Sarawak

Special Court

Subordinate Courts

Session Court

Magistrates Courts

Court for Children

Highest judicial authority in the country

FEDERAL COURT

Headed by the Chief Justice

Hears appeals of criminal and civil cases Leave to appeal must be obtained prior to proceeding the appeal Consist of the Chief Justice, the President of the Court of Appeal, the two Chief Judges of the two High courts and seven other judges Members appointed by the Yang di-Pertuan Agong

Established on the 30th of March 1993 Chief Justice assisted by 4 other members

Deal offences committed by Malay Rulers and the YDP

SPECIAL COURTS
Hears all civil cases brought by or against the monarchies

Chaired by the Chief Justice

Established in 1994 Consist of a chairman and 15 other judges

COURT OF APPEAL

Hears appeals of civil cases against decisions of the Sessions Court

Final jurisdiction for cases began in subordinate court

Has the jurisdiction to hear appeals against the decision of a High Court

HIGH COURTS

Judges are appointed by the Yang diPertuan Agong

Hears appeals from the Subordinate Court, both criminal and civil cases

Deals with criminal offences that carry death penalty

Handles with civil cases such as divorce and matrimonial, bankruptcy, childcare, the will

All criminal offences not triable in the Magistrates Courts other than those punishable with the death penalty.

SESSIONS COURT
Civil cases where the disputed amount < RM250, 000.

MAGISTRATES COURT

Deals with civil cases : the disputed amount <RM25,000

Handles criminal offences : the Maximum term of imprisonment <10 years; offences punishable by fines

Court for Children

teenagers from the age of 10-18 years old. Conducted privately Parents , guardian and the accused teenager are allowed to question the accuser. No prison sentence & criminal record against the offender Appeal decision can be made in the High Court

THE SYARIAH COURTS SYSTEM

Formed in 1988

Secular civil courts jurisdiction over Islamic laws was removed

Administers Islamic laws for Muslims

Has taken on common law forms, including precedents and a hierarchical system of courts

Pioneered by the Federal Government

Implements a uniform model for syariah courts in the Federal Territories

Formalises syariah offences and procedures in statutes

Syariah courts are established under state jurisdiction

The Malaysian Department of Islamic Judiciary coordinates the administration of the syariah courts at the national level

PENGHULUS COURT

Cases of a minor nature especially enumerated in the letters of authority of the penghulu (village headman) and which can be adequately punished by a fined not exceeding RM25.

NATIVE COURTS

A separate hierarchy of states Native Courts is found only in Sabah and Sarawak. These courts hear cases relating to the native customs of the indigenous people, and generally preside over matters concerning customary reserved land.