Malaysian Legal System

1. Federal Constitution

   Anmerkungen:

   • Highest Law of the land
2. State Constitution

   Anmerkungen:

   • 13 state constitution
   1. Legislation

      Anmerkungen:

      • ( Laws enacted by Parliament or State Legislative Assemblies e.g. Acts, Enactments, ordinance)
      1. Subsidiary Legislation

1. Judicial Decisions
2. Custom
3. English Law

   Anmerkungen:

   • 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
   1. Common Law
   2. Equity

Anmerkungen:

• formerly known as "Supreme Court"

1. Court of Appeal
   1. High Court in Malaya

      Anmerkungen:

      • Syariah Court
      1. Sessions Court

         Anmerkungen:

         • Court for children (Juvenile Court)
         1. Magistrates' Court
            1. Small Claims Court
               1. Penghulu's Court
               2. monetary limit < RM5,000
               3. No legal representation allowed
            2. monetary limit < RM100,000
            3. offences punishable with a maximum term of 10 years only or by fine only
         2. monetary RM100,000< X < RM1,000,000
         3. matters concerned with motor vehicles, landlord and tenants matters
         4. hears all criminal cases except offences punishable with death
         5. 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)
      2. monetary limit > RM1,000,000
      3. Hears probate and administration of estates, divorces, bankruptcy, etc
   2. High Court in Sabah & Sarawak

      Anmerkungen:

      • Native court &amp; syariah court
      1. Sessions Court

         Anmerkungen:

         • Court for children (Juvenile Court)
         1. Magistrates' Court
            1. Small Claims Court
   3. hear civil and criminal appeals from the High Court
2. hears civil and criminal appeals from the Court of Appeal

1. hears wrongdoings by a ruler.
2. established in 1993, before 1993 rulers enjoyed immunity, rulers cannot be sued

1. Syariah Court
   1. deals exclusively with Islamic laws, involving Muslims
2. Consumer claims tribunal
   1. monetary jurisdiction RM25,000 (limit can be exceed if both parties agree in writting)
   2. no legal representation is allowed,however either carty can bring a family member or a friend to assist at the hearing
3. Native Court
   1. only in Sabah & Sarawak
   2. invloves natives and deals with native customs
4. Industrial Court
   1. delas with disputes between employer & employee in relation to employment matters