MALAYSIA LEGAL SYSTEM

FEDERAL SYSTEM

STATE GOVERMENT

NATIONAL GOVERMENT

PARLIAMENT

WRITTEN LAW

State Constitution

Legislation

Subsidiary Legislation

Federal Consitution

UNWRITTEN LAW

English Law

Common Law

Equity

Custom

Judicial Decisions

MUSLIM LAW

THE EXECUTIVE

Implement the laws

THE JUDICIARY

Special Court

Hears wrongdoings by a ruler

Establish in 1993 before 1993 rulers enjoyed immunity, rulers cannot be sued

Federal Court

Hear civils criminal appeals from the Court of Appeals

Court of Appeals

High Court of Malaya

Monetary limit RM1,000,000

Hears probate and administrative of Estates, divorces, bankruptcy etc

Sessions Court

Monetary RM100,000 <x< RM1.000,000

Matters concerned with motor vehicles, landlord and tenant matters

Hears all criminal cases except offences punishable with death

Cases involving minors (young) oofenders) except cases carrying the death penalty which are heard in high court i.e. person below the age 18 years old

Magistrates Court

Monetary limit <RM100,000

Offences punishable with a maximum term of 10 years only or by fine only

Small Claims Court

Monetary limit <RM5,000

No legal representative allowed

Penghulu's Court

High Court in Sabah & Sarawak

Sessions Court

Magistrates Court

Small Claims Court

Others Court and Tribunals

Syariah Court

Deals exclusively with Islamic Law, involving muslims

Native Court

Only in Sabah and Sarawak

Industrial Court

Deals with dispute between employer
and employee in relation to employment matters

Consumer Claims Tribunals

Monetary jurisdiction RM25,000 (limit can be exceed if bioth parties agree in wrtting

No legal representative is allowed, however either carty can bring a family members or a friend to assist at the hearing

Cases involving minors (young offenders) except cases carrying the death penalty which are heard in high court i.e person below the age 18 years old

Do not have total freedom to make the laws they want

Have their own legistrative assemblies

Has no complete power over State Government

Responsible for tourrism planning