Malaysian Legal System

Malaysian Legal System

1. FEDERAL SYSTEM

   • State Government
     • do not have total freedom to make the laws they want.
     • have their own legislative assenblies
   • National Government
     • has no complete power over state governments
     • responsible for tourism planning
     • Parliament
       • Legislature (law maker)
       • Sources of Malaysian Law
         • Written Law
           • Federal Constitution
             • Highest Law of the land
           • State Constitution
             • 13 state constitution
             • Legislation
               • ( Laws enacted by Parliament or State Legislative Assemblies e.g. Acts, Enactments, ordinance)
               • Subsidiary Legislation
         • Unwritten Law
           • Judicial Decisions
           • Custom
           • English Law
             • The Civil Law Act 1956- English Law forms parts of Malaysian Law provided: (i) there is no local law on the matter (ii) When it is suited to local circumstances
             • Common Law
             • Equity
         • Muslim Law
     • The Executive
       • implement the laws
     • The Judiciary
       • Decide cases based on existing law
       • THE JUDICIAL SYSTEM
         • Federal Court
           • formerly known as "Supreme Court"
           • Court of Appeal
             • High Court in Malaya
               • Syariah Court
               • Sessions Court
                 • Court for children (Juvenile Court)
                 • Magistrates' Court
                   • Small Claims Court
                     • Penghulu's Court
                     • monetary limit < RM5,000
                     • No legal representation allowed
                   • monetary limit < RM100,000
                   • offences punishable with a maximum term of 10 years only or by fine only
                 • monetary RM100,000< X < RM1,000,000
                 • matters concerned with motor vehicles, landlord and tenants matters
                 • hears all criminal cases except offences punishable with death
                 • cases involving minors (young offenders) except cases carrying the death penalty which are heard in high court. (i.e. person below the age of 18 yrs old)
               • monetary limit > RM1,000,000
               • Hears probate and administration of estates, divorces, bankruptcy, etc
             • High Court in Sabah & Sarawak
               • Native court &amp; syariah court
               • Sessions Court
                 • Court for children (Juvenile Court)
                 • Magistrates' Court
                   • Small Claims Court
             • hear civil and criminal appeals from the High Court
           • hears civil and criminal appeals from the Court of Appeal
         • Special court
           • hears wrongdoings by a ruler.
           • established in 1993, before 1993 rulers enjoyed immunity, rulers cannot be sued
         • Other courts & tribunals
           • Syariah Court
             • deals exclusively with Islamic laws, involving Muslims
           • Consumer claims tribunal
             • monetary jurisdiction RM25,000 (limit can be exceed if both parties agree in writting)
             • no legal representation is allowed,however either carty can bring a family member or a friend to assist at the hearing
           • Native Court
             • only in Sabah & Sarawak
             • invloves natives and deals with native customs
           • Industrial Court
             • delas with disputes between employer & employee in relation to employment matters