Courts of Malaysia
Encyclopedia
History
Although British colonialism deeply influenced the judiciary of Malaysia, law and a system of courts were well established long prior to the arrival of the British. For example, Melaka and Brunei maintained order using Islamic law and unwritten law based on tradition and custom. Judges were appointed by the sultan of their state. Before the creation of the Federated Malay States in 1895, chief judges heard appeals from the Islamic courts and further appeals were heard directly by the sultans in consultation with their religious advisors. Under this system the ruler was the source of justice and supreme judicial authority.The Islamic system of justice was slowly weakened under British rule due to the emphasis placed on separating religious and civil power and creating a formal bureaucratic state governed by written law. William A. Graham, the first head of state government in Kelantan per the Anglo-Siamese Treaty of 1902, provides an illustrative example. In violation of the treaty with the state ruler Graham worked to curb the power of Islamic courts by refusing police assistance in carrying out their orders and collecting evidence. The marginalization of indigenous courts was formalised with the Judicial Commissioners' Regulations and Order in Council in 1896. This legislation removed the power of the sultans to hear legal appeals and created the office of judicial Commissioner to carry out this function. The Federated Malay States Appeals Orders in Council of 1906 provided for appeals to the Privy Council in London.
Before the Japanese invasion in 1941 the Straits Settlements, the Federated Malay States and the Unfederated Malay States each had their own appeals courts. These appeals courts were later integrated into the Court of Appeal of the Malayan Union in 1946. When the Federation of Malaya was put into place in 1948 following the abandonment of the Malayan Union a Court of Appeal was established for the entire federation that lasted until independence from the British in 1957.
Prior to the formation of Malaysia in 1963, there were three Supreme Courts of Judicature in Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
South-east Asia:
- The Supreme Court of the Federation of MalayaFederation of MalayaThe Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
- The Supreme Court of SingaporeSingaporeSingapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
- The Supreme Court of SarawakSarawakSarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
, North BorneoNorth BorneoNorth Borneo was a British protectorate under the sovereign North Borneo Chartered Company from 1882 to 1946. After the war it became a crown colony of Great Britain from 1946 to 1963, known in this time as British North Borneo. It is located on the northeastern end of the island of Borneo. It is...
and BruneiBruneiBrunei , officially the State of Brunei Darussalam or the Nation of Brunei, the Abode of Peace , is a sovereign state located on the north coast of the island of Borneo, in Southeast Asia...
Each Supreme Court consisted of a High Court and a Court of Appeal, and was headed by a Chief Justice.
When the Federation of Malaysia was founded in 1963 the Federal Court (not to be confused with the Federal Court in Malaysia's current judicial arrangement) took the place of the Court of Appeal. Upon independence, by mutual agreement of the United Kingdom and Malaysia, and by Article 131 of the Federal Constitution, the Privy Council continued to function as the highest court in Malaysia, formally advising the Yang-di-Pertuan Agong on the determination of appeals from the Federal Court. Appeals to the Privy Council in London were not abolished entirely until 1 January 1985 upon the establishment of the Supreme Court. The Supreme Court was renamed the Federal Court in a further reorganization of the court system in 1994.
Privy Council appeals
During the colonial era, decisions of the Malayan courts could be taken on appeal to the Queen-in-Council, advised by the Judicial Committee of the Privy CouncilJudicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
.
Upon independence, by an Agreement between Her Majesty The Queen
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
and His Majesty The Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
, and by Article 131 of the Federal Constitution, the Privy Council continued to function as the highest court in Malaysia, formally advising the Yang-di-Pertuan Agong on the determination of appeals from the Federal Court.
Privy Council appeals on criminal and constitutional matters were abolished on 1 January 1978. Civil appeals were abolished on 1 January 1985, whereupon the Federal Court was renamed the "Supreme Court of Malaysia".
Formation of Malaysia
In 1963 the remaining British territories in Southeast Asia, save Brunei, were incorporated into an enlarged federation of Malaysia. The 1963 Federal Constitution replaced the various Courts of Appeal with a single Federal Court of Malaysia, headed by a Lord President of the Federal CourtLord President of the Federal Court
The title of Lord President of the Supreme Court was formerly the title of the head of the judiciary in Malaysia, until 1994 when the office was renamed "Chief Justice of the Federal Court"....
, with three High Courts, each headed by a Chief Justice, below it:
- The High Court in Malaya
- The High Court in Singapore
- The High Court in Borneo
A separate Supreme Court of Judicature was established in Brunei.
Singapore left the Federation on 9 August 1965, but the High Court in Singapore remained part of the Malaysian judicial system until the Supreme Court of Singapore was reintroduced in 1969: see Law of Singapore
Law of Singapore
The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes...
.
1988 constitutional crisis
In 1988, a constitutional crisis1988 Malaysian constitutional crisis
The 1988 Malaysian constitutional crisis was a series of events that began with United Malays National Organisation general election in 1987 and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat...
occurred after the Lord President and a number of Supreme Court judges were suspended and later dismissed. As a consequence of the crisis, Article 121 of the Constitution
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
was amended. Originally, in line with the doctrine of separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, Article 39 vested the executive authority of the federation in the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(King), Article 44 vested legislative power in Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
, and Article 121 provided that "the judicial power of the Federation shall be vested in two High Courts of coordinate jurisdiction and statute". This provision was repealed in 1988, removing any reference to the judicial power of the federation in the Constitution. Most legal scholars believe that despite this change, since no mention was made of a new holder of judicial authority, "it may still be presumed to reside in the courts". The motivation for the amendment has been criticised: "Exactly what was intended to be achieved by tampering with the original version that was founded on well established principles remains unclear."
1994 reforms
In 1994, in order to restore a second tier in the appellate system which was lost when Privy Council appeals were abolished, the Constitution was amended to establish a Court of Appeal of Malaysia (headed by a President of the Court of Appeal) under the Supreme Court, which once again was renamed the "Federal Court".As part of the reforms, the office of Lord President of the Supreme Court was replaced by that of "Chief Justice of Malaysia
Chief Justice of Malaysia
The Chief Justice of Malaysia , also known as the Chief Justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the Lord President of the Federal Court. The Chief Justice is the head...
", while the Chief Justices of Malaya and Borneo were re-titled "Chief Judge of Malaya" and "Chief Judge of Sabah and Sarawak" respectively. The High Court in Borneo was also renamed "High Court in Sabah and Sarawak". These changes were seen by many in the Opposition as an attempt to downgrade the prestige of the judiciary.
Trial by jury
In the former British settlements of PenangPenang
Penang is a state in Malaysia and the name of its constituent island, located on the northwest coast of Peninsular Malaysia by the Strait of Malacca. It is bordered by Kedah in the north and east, and Perak in the south. Penang is the second smallest Malaysian state in area after Perlis, and the...
and Malacca
Malacca
Malacca , dubbed The Historic State or Negeri Bersejarah among locals) is the third smallest Malaysian state, after Perlis and Penang. It is located in the southern region of the Malay Peninsula, on the Straits of Malacca. It borders Negeri Sembilan to the north and the state of Johor to the south...
, the introduction of English law brought about a system of trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
(a jury consisted of originally twelve, but later seven, persons) in all criminal cases on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
. In the Malay states, Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
and North Borneo
North Borneo
North Borneo was a British protectorate under the sovereign North Borneo Chartered Company from 1882 to 1946. After the war it became a crown colony of Great Britain from 1946 to 1963, known in this time as British North Borneo. It is located on the northeastern end of the island of Borneo. It is...
, trial by jury had not been available, and capital cases were tried by a judge sitting with two assessors.
Due to concerns about miscarriages of justice during the Malayan Emergency
Malayan Emergency
The Malayan Emergency was a guerrilla war fought between Commonwealth armed forces and the Malayan National Liberation Army , the military arm of the Malayan Communist Party, from 1948 to 1960....
, the first prime minister of Malaya, Tunku Abdul Rahman
Tunku Abdul Rahman
Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah, AC, CH was Chief Minister of the Federation of Malaya from 1955, and the country's first Prime Minister from independence in 1957. He remained as the Prime Minister after Sabah, Sarawak, and Singapore joined the...
, extended trial by jury to all capital cases in Malaya after independence in 1957.
In Sabah and Sarawak, which did not join the Federation until 1963, capital trials continued to be tried by a judge sitting with two assessors, as they had been before independence.
In 1978, jury trials in Penang and Malacca were restricted to capital cases, bringing them into line with the rest of Malaya. From 1 January 1995, jury trials and trials with assessors were abolished throughout Malaysia.
Current system
There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular MalaysiaPeninsular Malaysia
Peninsular Malaysia , also known as West Malaysia , is the part of Malaysia which lies on the Malay Peninsula. Its area is . It shares a land border with Thailand in the north. To the south is the island of Singapore. Across the Strait of Malacca to the west lies the island of Sumatra...
and for East Malaysia
East Malaysia
East Malaysia, also known as Malaysian Borneo, is the part of Malaysia located on the island of Borneo. It consists of the Malaysian states of Sabah and Sarawak, and the Federal Territory of Labuan. It lies to the east from Peninsular Malaysia , which is located on the Malay Peninsula. The two are...
. The highest position in the judiciary of Malaysia is the Chief Justice of the Federal Court of Malaysia
Chief Justice of Malaysia
The Chief Justice of Malaysia , also known as the Chief Justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the Lord President of the Federal Court. The Chief Justice is the head...
(also known as the Chief Justice of Malaysia), followed by the President of the Court of Appeal, the Chief Judge of Malaya, and the Chief Judge of Sabah and Sarawak. The superior courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrates' Courts and the Sessions Courts are classified as subordinate courts.
The current President of the Federal Court is Justice Dato' Abdul Hamid Mohamad, the President of the Court of Appeal is Tan Sri Dato' Zaki bin Tun Azmi, and the Chief Judge of Malaya is Justice Dato' Alauddin Mohamad Sheriff. The current Chief Judge of Sabah and Sarawak is Justice Tan Sri Richard Malanjum (appointed 2006). Bypassing many other senior judges, Tan Sri Dato' Zaki was the first lawyer appointed directly to the Federal Court. After some 2 months as a sitting judge, Tan Sri Dato' Zaki was subsequently appointed as the President of the Court of Appeal.
Federal Court
The Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil decisions of the Court of Appeal where the Federal Court grants leave to do so. The Federal Court also hears criminal appeals from the Court of Appeal, but only in respect of matters heard by the High Court in its original jurisdictionOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
(i.e. where the case has not been appealed from the Subordinate Courts).
Court of Appeal
The Court of Appeal generally hears all civil appeals against decisions of the High Courts except where against judgment or orders made by consent. In cases where the claim is less than RMMalaysian ringgit
The Malaysian ringgit is the currency of Malaysia. It is divided into 100 sen...
250,000, the judgment or order relates to costs only, and the appeal is against a decision of a judge in chambers on an interpleader
Interpleader
Interpleader is a form of action originally developed under equity jurisprudence. It allows a plaintiff to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not...
summons on undisputed facts,
the leave of the Court of Appeal must first be obtained.The Court of Appeal also hears appeals of criminal decisions of the High Court. It is the court of final jurisdiction for cases which began in any subordinate courts.
High Courts
The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters.The High Courts have unlimited civil jurisdiction, and generally hear actions where the claim exceeds RM250,000, other than actions involving motor vehicle accidents, landlord and tenant disputes and distress. The High Courts hear all matters relating to:
- the validity or dissolution of marriageMarriageMarriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
(divorceDivorceDivorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
) and matrimonial causes, - bankruptcyBankruptcyBankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
and matters relating to the winding-up of companies, - guardianship or custody of children,
- grants of probateProbateProbate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, wills and letters of administration of estates, - injunctionInjunctionAn injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
s, specific performanceSpecific performanceSpecific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
or rescissionRescissionIn contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract .-In court:Rescission is an...
s of contractContractA contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
s, - legitimacyLegitimacy (law)At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children...
of persons.
The High Courts have unlimited jurisdiction in all criminal matters other than matters involving Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
. The High Courts have original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in criminal cases punishable by death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
Cases are heard by a single judge in the High Court, or by a judicial commissioner
Judicial Commissioner
A Judicial Commissioner in Singapore is appointed to the Supreme Court by the President of Singapore on the advice of the Prime Minister, and has the powers of a Judge. A person may be appointed a Judicial Commissioner if he/she has been a "qualified person" within the meaning of section 2 of the...
. While High Court judges enjoy security of tenure, judicial commissioners are appointed for a term of two years, and do not enjoy similar protection under the Constitution.
An application for a judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
is applied in this court.
Subordinate courts
The Magistrates' Courts and Sessions Courts in Malaysia have jurisdiction in both criminal and civil matters.Sessions Courts
Somewhat like the former Quarter SessionsQuarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, the Sessions Courts have jurisdiction to try offences which are not punishable by death. They are presided over by Sessions Court judges (formerly Sessions Court Presidents).
The Sessions Courts also hear all civil matters of which the claim exceeds RM25,000 but does not exceed RM250,000, except in matters relating to motor vehicle accidents, landlord and tenant and distress
Distress
Distress may refer to:*Distress , occurring when an individual cannot adapt to stress*Suffering*Distress signal, an internationally recognized means for obtaining help...
, where the Sessions Courts have unlimited jurisdiction.
Magistrates Courts
Magistrates are divided into First Class and Second Class Magistrates, the former being legally qualified and having greater powers. Second Class Magistrates are now not normally appointed.In criminal matters, First Class Magistrates' Courts generally have power to try all offences of which the maximum term of imprisonment does not exceed 10 years or which are punishable with fine only, but may pass sentences of not more than five years imprisonment, a fine of up to RM10,000, and/or up to twelve strokes of the cane. The Magistrates Courts hear all civil matters with less than RM25,000 in dispute. The Magistrates' Courts also hear appeals from the Penghulu's Courts.
Other courts
The court of a penghulu, or Malay village head, has the power to hear civil matters of which the claim does not exceed RM50, where the parties are of an Asian race and speak and understand the Malay language.The Penghulu Court's criminal jurisdiction is limited to offences of a minor nature charged against a person of Asian race which is specially enumerated in his warrant, which can be punished with a fine not exceeding RM50.
In Sabah and Sarawak, there are no Penghulus' Courts, but there are instead Native Courts having jurisdiction on matters of native law and custom.
The Court for Children, previously known as the Juvenile Court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
, hears cases involving minors except cases carrying the death penalty, which are heard in High Courts instead. Cases for children are governed by the Child Act 2001
Child Act 2001
The Child Act 2001 is a Malaysian law which served to consolidate the Juvenile Courts Act 1947, the Women and Young Girls Protection Act 1973, and the Child Protection Act 1991. It was enacted partially in order to fulfill Malaysia's obligations under the United Nations Convention on the Rights of...
. A child is defined as any person below the age of 18.
The Special Court was established in 1993 to hear cases of offences or wrongdoings made by a Ruler. A Ruler includes the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(King), the sultans of monarchical states in Malaysia, the Yang di-Pertua Negeri
Yang di-Pertua Negeri
The Yang di-Pertua Negeri is the official title of the ceremonial heads of state of the Malaysian states without hereditary rulers, namely Penang, Malacca, Sabah and Sarawak...
, and the Yang di-Pertuan Besar
Yang di-Pertuan Besar
In Malay, Yang di-Pertuan Besar, literally "He Who Is Made Great" or "Great Ruler", is a royal title.-In Malaysia:# Also known as Yamtuan Besar, it is the title of the elected monarch of the state of Negeri Sembilan in Malaysia...
, i.e.: the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
s of Malaysia and its component states. Prior to this, a Ruler was immune
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
from any proceedings brought against them in their personal capacity.
Syariah Courts
There is a parallel system of state Syariah CourtSyariah Court
Syariah refers to Sharia law in Islamic religious law and deals with exclusively Islamic laws, having jurisdiction upon every Muslim in Malaysia. The dual-system of law in Malaysia is provided for in Article 121 of the Constitution of Malaysia. The Syariah Court system is one of the two separate...
s which has limited jurisdiction over matters of state Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic (sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
) law. The Syariah Courts have jurisdiction only over matters involving Muslims, and can generally only pass sentences of not more than three years imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.
Appointment of judges
The appointment of the Chief JusticeChief Justice of Malaysia
The Chief Justice of Malaysia , also known as the Chief Justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the Lord President of the Federal Court. The Chief Justice is the head...
is governed by Article 122B of the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
whereby the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(King) appoints the Chief Justice on the advise of the Prime Minister of Malaysia
Prime Minister of Malaysia
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...
after consulting the Conference of Rulers
Conference of Rulers
The Conference of Rulers in Malaysia is a council comprising the nine rulers of the Malay states, and the governors or Yang di-Pertua Negeri of the other four states...
. As for the appointment of the President of the Court of Appeal, the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, and other Federal Court judges, similar procedure is taken with the additional requirement of consultation with the Chief Justice.
The appointment of Court of Appeal judges is also governed by the same procedures with the additional requirement for the consultation of the President of the Court of Appeal. As for the appointment of High Court judges, similar procedures are prescribed with the additional requirement of consultation with the respective Chief Judges.
The appointment of Sessions Court judges is governed by Section 59 of the Subordinate Court Act 1948. They are appointed by the Yang di-Pertuan Agong upon the advise of the respective Chief Judges.
Section 78 of the Subordinate Courts Act 1948 provides that the appointment of magistrates are done by the respective state government upon the advise of the respective Chief Judges, except for magistrates in the Federal Territory, where thy are appointed by the Yang di-Pertuan Agong upon the advise of the Chief Judge.
List of Chief Justices of the Federal Court
- Abdul Hamid OmarAbdul Hamid OmarTun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar (born Abdul Hamid Bin Omar (March 25, 1929 - September 1, 2009) was a former Chief Justice of Malaysia.- Early life :Abdul Hamid Omar was born on 25 March 1929 in Kuala Perlis, Perlis Indera Kayangan...
1994, previously Lord President - Mohamed Eusoff ChinEusoff Chin-References:...
1994 – 2000 - Mohamed Dzaiddin AbdullahMohamed Dzaiddin AbdullahMohamed Dzaiddin bin Haji Abdullah, born in Arau, Perlis on 16 September 1937 is a Malaysian judge.He had his early education at Sultan Abdul Hamid College...
2000 – 2003 - Ahmad Fairuz Abdul HalimAhmad Fairuz Abdul HalimTun Ahmad Fairuz bin Sheikh Abdul Halim is the former Chief Justice of the Federal Court of Malaysia. A controversial figure, he held that position from 2003 to 2007. In August 2007, he courted controversy by suggesting the abolishment of English Common Law to be replaced by Islamic Syariah Law....
2003 – 2007 - Abdul Hamid Mohamad 2007 - 2008
- Zaki Tun AzmiZaki Tun AzmiTun Zaki bin Tun Azmi is the sixth and current Chief Justice of Malaysia. He was appointed by the King on October 21, 2008 after his predecessor, Abdul Hamid Mohamed, retired from office....
2008–2011 - Tun Arifin Zakaria (2011-present)
For a list of Lord Presidents, see Lord President of the Federal Court
Lord President of the Federal Court
The title of Lord President of the Supreme Court was formerly the title of the head of the judiciary in Malaysia, until 1994 when the office was renamed "Chief Justice of the Federal Court"....
.
See also
- Law of MalaysiaLaw of MalaysiaThe law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework...
- Capital punishment in MalaysiaCapital punishment in MalaysiaCapital punishment in Malaysia applies to murder, drug trafficking, treason, and waging war against Yang di-Pertuan Agong . Recently, the law has been extended to include acts of terrorism. Any terrorists, and anyone who aids terrorists, financially or otherwise, are liable to face the death...
- 1988 Malaysian constitutional crisis1988 Malaysian constitutional crisisThe 1988 Malaysian constitutional crisis was a series of events that began with United Malays National Organisation general election in 1987 and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat...