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ALIZAH ALI
DEPT OF LAW
UITM BANDARAYA CAMPUS

hajah alizah haji ali

1
At the end of the class, student will able to
understand the topics as follows;
 Classification

of law – public/international/private

law
 Sources of Malaysian Law – written/unwritten
 Law process making
 Court system in Malaysia

hajah alizah haji ali

2
Rules and regulations.
The body of enacted or customary rules recognized by a
community as bindingOxford English Dictionary.
The body of principles recognized and applied by the
state in the administration of justiceJohn Salmond, Jurisprudence.

hajah alizah haji ali

3
CLASSIFICATION
OF LAW

PUBLIC LAW

Constitutional
law

Criminal law

INTERNATIONAL
LAW

Public
International law

private
International
law

PRIVATE LAW

Contract

hajah alizah haji ali

Trust

Tort

4
Public Law
The law which governs the relationship
between individuals and the State.

Constitution
al law

Public law

Criminal law

hajah alizah haji ali

5
Constitutional
Law

Lays down the
rights of
individuals in the
State
e.g – rights of
citizen

Criminal Law

Codifies the
various offences
committed by
individuals against
the State

hajah alizah haji ali

6
International Law
 Body of law and rules of conduct which
States are bound to observe.
 Can be created in two main ways: (i)By
treaty;(ii)By custom


Public
International
Law

International
law

Private
International
Law

hajah alizah haji ali

7
Public
International Law
Law that
prevails between
States

Private
International
Law

It consists of
the rules that
guide a judge
when the laws of
more than one
country affect a
case (conflict of
laws).

hajah alizah haji ali

8





civil law
Law which affects the rights and
duties
of
individuals
amongst
themselves
intended to give compensation to
person injured, to enable property to
be recovered from wrongdoers and to
enforce obligation

hajah alizah haji ali

9
Contract
Law

agreement
that have legal
effect

Trust

An equitable obligation binding a
person (trustee) to deal with
property over which he has control
(trust property) for the benefit of
persons (beneficiaries)

Tort

Based on an
obligation
imposed by law ie:
negligence,
defamation,
assault, trespass

hajah alizah haji ali

10
Meaning of the term sources:
= legal rules that make up the law in Malaysia.

Historical Sources

Religious beliefs, local customs and opinion of
jurists.

Places where the law can be found

Statutes, law reports, previous decisions of the
courts and text books.

hajah alizah haji ali

11
Sources of Malaysian law

Unwritten law

Written law
Act /
Federal / Enactmen
State
t/
Constitut Ordinance
ion

Subsidiary
law

English
law

Syariah
law
•Al-Quran
•Hadith
•Sunnah
•Qiyas

Judicial
decision

hajah alizah haji ali

Customary law

West
Malaysia
•Adat
temenggong
•Adat
pepatih
•Chinese&Hi
ndu
customary
Law

East
Malaysia
•Adat
melayu
•Adat
bumiputra
•Chinese
•Hindu
customary
Law

12
WRITTEN LAW
 Federal/State

Constituition
 Act/Enactment/Ordinance
 Subsidiary Legislation

hajah alizah haji ali

13




The law that have been codified or
recognized by the Federal and State
Constitution.
embodied in a code or statute
including subsidiary or delegated
legislation.

hajah alizah haji ali

14
Supreme law of the land
comprising 13 states the Federation.
Laying down the powers of the Federal
and State Governments and also
enshrines the basic or fundamental rights
of the individual.
It was drafted by Reid Commission in
1956 with 5 representatives from India,
British, Pakistan and Australia.

hajah alizah haji ali

15
The Constitution come into force following the
independence on August 31, 1957.
AMMENDMEND
This Constitution can only be amended by a
two-thirds (2/3) majority of the total number of
members of the legislature.

hajah alizah haji ali

16
Each State possesses its own constitution
regulating the government of that State, known as
ENACTMENT.
contains provisions which are enumerated in the
Eight Schedule to the Federal Constitution
E.g; matter discusse state executive members,
finance, state legislative assembly, roles of the
Sultan, etc)

Article 75 of the Fed Cons-’If any State law is

inconsistent with a federal law, the federal law shall
prevail and the State law shall, to the extent of the
inconsistency, be void’.
hajah alizah haji ali

17
Federal
constitution
Parliament

Federal list

State
legislation

Before
independence

State list
Ordinance

Concurrent
list
Act

Concurrent
list

Sabah /
Sarawak
enactment

During
emergency

Enactment
hajah alizah haji ali

18
Subsidiary
Legislation

Legislation

Law enacted by a
body constituted for
this purpose.
Parliament at federal
level and by the
various State
Legislative
Assemblies at state
level

parliament

Defined by the
Interpretation Act
1967 as ‘any
proclamation, rule,
regulation, order,
notification, by-law
or other instrument
made under any
Ordinance,
Enactment or other
lawful authority and
having legislative
effect’.
hajah alizah haji ali

19
LAW MAKING PROCESS
First reading - Dewan rakyat
Minister formally introduce
the bill by having its short title read
2nd reading – dewan rakyat
Debate e bill & vote
Committee stage – examine the bill,
consider the amendment followed by a report & circulate
to all members

3rd reading – dewan negara
Same process with 2nd reading

Amendment
-suggest amendment to dewan rakyat
Dewan rakyat may accept or reject the suggestion

No amendment
Art 66(3) FC; sent the bill to YDPA to get his assent
Art 66 (4); YDPA must absent within 30 days
Art 40 (1): YDPA act in accordance to the advice of cabinet
Art 66 (5): gazette the bill before officially enforced

hajah alizah haji ali

20
UNWRITTEN LAW
 English

Law
 Syariah Law
 Judicial Decision
 Customary Law
hajah alizah haji ali

21
convenient reference

to that
portion of Malaysian law which is not
enacted by the legislature (Parliament
and the State Assemblies) and which is
not found in the Constitutions, both
Federal and State.

hajah alizah haji ali

22
1. ENGLISH LAW
Has been received in Msia and it is done either
expressly or by implication.
Section 3(1) of Civil Law Act 1956-Where the court
is required to apply……
“(a) in West Msia or any part thereof…..the common law
of England and the rules of equity as administered in
England on the 7th of April 1956,
(b) in Sabah….the
common law of England and the
rules of Equity, together
with statutes of general
application, as administered or in
force in England on
st of December, 1951 and (c) in Sarawak…...the
the 1
common law of England and the rules of equity,
together with statutes of general application, as
administered or in force in England on the 12th of
December, 1949”.

hajah alizah haji ali

23
Section 5 (1) CLA 1956-

Application of English Law in commercial matters in the States
of West Malaysia other than Malacca and Penang….’the law to
be administered shall be the same as would be administered
in England in the like case at the date of the coming into
force of this Act, if such question or issue had arisen or had
to be decided in England, unless in any case other provision
is or shall be made by any written law’.

Section 5 (2) CLA 1956-

Application of English Law in commercial matters in the States
of Malacca, Penang, Sabah and Sarawak….’the law to be
administered shall be the same as would be administered in
England, in the like case at the corresponding period, if such
question or issue had arisen or had to be decided in England,
unless in any case other provision is or shall be made by any
written law’.

hajah alizah haji ali

24






As for English Land Law, none of the English
Land
Law
concerning
the
tenure,
conveyance, assurance of or succession to
any estate, right or interest therein applies
in Malaysia.
In Malaysia, National Land Code is the law
that governs the land matters and there is
no any allowance for English Land Law
unless the national land code applies it for
the judicial comity
Refer to case UMBC v. PEMUNGUT HASIL
TANAH KOTA TINGGI (1984)
hajah alizah haji ali

25
1. It is only applied in the absence of local
statutes covering the same matter (only to
fill in the lacuna in the local system)
2. Only that part of the English Law that is
suited to the local circumstances will be
applied.

hajah alizah haji ali

26
Common Law-Also

known as judge-made
law. Refers to law laid down by judges sitting in the
superior courts as distinct from statute law enacted
by the legislature.

Equity-Was introduced to reduce the harshness

of common law. It was developed out of the need
to provide the plaintiff with relief where the strict
common law rules granted as an unsatisfactory
remedy or no remedy at all.

hajah alizah haji ali

27
Major source of Malaysian Law but only applicable
to Muslims and enacted under the Federal
Constitution.
It is administered by a separate Shari’ah Courts.
Article 3 of Fed Cons-Islam to be the religion of
Malaysia but other religions may be practiced in
peace and harmony. The state legislature have the
power and permitted to make Islamic Laws
pertaining to person professing the religion.
Such law are administered by separate court
system, Syariah Courts. State legislature also has
the jurisdiction over the constitution, organization
and procedures of syariah courts. Now Islamic laws
are increasingly applied in banking and land laws
other than applied to family and estate matters.
hajah alizah haji ali

28






Al-Quran
Al-Hadith
Ijma’ Ulama’
Qiyas

hajah alizah haji ali

29
Case Law-Refers to past cases or case report eg:
Malayan Law Journal and Current Law Journal.

It refers to judicial decision of the court which is
refer by the latter court as a guide to decide future
case as similar facts and situation-Land mark to
other cases.
Case Law become as sources of law according to
doctrine of binding judicial precedent/Doctrine of
stare decisis. Precedents are the decisions made by
judges previously in similar circumstances.

hajah alizah haji ali

30
•

•

•

Refers to norms, behaviors, practices and beliefs
which is carried by one generation to another. It is
not specific and may be different to one another.
As a general rule, the customs of a local
inhabitants relating to marriage, divorce and
inheritance are given legal force by the courts and
some are dealt with by certain specific enactments.

Judicial recognition of customs is quite common in
a country populated by variety of people with
diverse culture and religious background.
hajah alizah haji ali

31
WEST MALAYSIA
• Adat Temenggung
• Adat Pepatih
• Chinese & Hindu customary Law
EAST MALAYSIA
 Adat Bumiputera
 Chinese & Hindu customary Law

hajah alizah haji ali

32
 ADMINISTRATION

OF JUSTICE

hajah alizah haji ali

33
Federal court

High court
of Malaya

Subordinate court

Sessions court

Magistrates
court

High court
of Borneo
(Sabah & Sarawak)

Superior court

Court of
appeal

Sessions court

Magistrates
court

Penghulu court

Native court
hajah alizah haji ali

34
 To

hear civil and criminal determine appeals
from decisions of the Court of Appeal and
the High Court
 To exercise its original jurisdiction. (e.g:
Hear dispute on any matter between any
State and Federal Government)
 To determine constitutional questions
 To give its opinion on any questions
referred to it by the YDPA concerning the
effect of any provision of the Constitution.
hajah alizah haji ali

35
 To

hear and determine any appeal against
any High Court decision on criminal matters
 To hear and determine any civil appeals
generally for cases where the amount or
value of the subject matter of the claim is at
least RM250, 000.

hajah alizah haji ali

36
1. Original Jurisdiction
 It has unlimited criminal and civil powers.
 Any civil matters which cannot be determined in
the subordinate courts is heard before the High
Court.
2. Appellate Jurisdiction
 Hears
criminal and civil appeals from the
Magistrates’ and Session Court.
3. general, supervisory and reversionary jurisdiction
over all subordinate

hajah alizah haji ali

37
4.
5.
6.
7.

validity/dissolution of marriage (nonmuslim)
Bankruptcy / winding up companies
guardianship / custody of children
Grants of probates, wills, letter of
administration
8. injunction, SP, rescission of contract
9. Matters relating to land
10. Auction and foreclosure

hajah alizah haji ali

38







Criminal Jurisdiction
All offences other than offences punishable with
death penalty
Civil Jurisdiction
Try all actions and suits of a civil nature where the
amount of dispute or value of the subject matter
does not exceed RM250, 000.
Matters relating to road accident, landlords and
tenants dispute.

hajah alizah haji ali

39









FIRST CLASS MAGISTRATE
Criminal Jurisdiction
Criminal offences for which the maximum term of punishment
provided by the law does not exceed:
◦ 10 years’ imprisonment or
◦ all offences punishable with fine only
◦ Offences of robbery, lurking, house trespass or house breaking at
night
- Power to pass sentence: ◦ 5 years’ imprisonment
◦ a fine of RM10, 000
◦ Whipping up to 12 strokes
◦ The combination of any of the above
Civil Jurisdiction
Try all actions and suits of a civil nature where the amount of
dispute or value of the subject matter does not exceed RM25, 000.
hajah alizah haji ali

40










SECOND CLASS MAGISTRATE
Criminal Jurisdiction
- Criminal offences for which the maximum term of punishment
provided by the law does not exceed:
◦ 12 months’ imprisonment or
◦ all offences punishable with fine only
- Power to pass sentence: ◦ 6 months’ imprisonment
◦ a fine not more than RM1, 000
◦ any sentence combining either of the aforesaid sentences
Civil Jurisdiction
Try all actions and suits of a civil nature where the plaintiff seeks to
recover a debt or liquidated demand on money payable by the
defendant with or without interest not exceeding RM3, 000.

hajah alizah haji ali

41
The lowest court system which only
applicable in village/rural/remote area
 Presided by ketua kampung (Malay head)
 For ASEAN race who can speak and
understand Malay language
 Jurisdiction –
civil  matter below RM50
Criminal  simple offence minor in nature
punishe d with fine not exceeding RM25


hajah alizah haji ali

42
i- SABAH AND SARAWAK COURT (NATIVE
COURT)
-having jurisdiction relating to native/custom
ii- JUVENILE COURT
-involve minor except case relating to death
penalty  High court

hajah alizah haji ali

43
SYARIAH COURT
-unlimited jurisdiction over Syariah matter
- Only bound on Muslim on that particular
state only
- Pass sentence not more than 3 years
imprisonment, fine RM 5000 or 6 strokes

hajah alizah haji ali

44

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Malaysian legal system

  • 1. ALIZAH ALI DEPT OF LAW UITM BANDARAYA CAMPUS hajah alizah haji ali 1
  • 2. At the end of the class, student will able to understand the topics as follows;  Classification of law – public/international/private law  Sources of Malaysian Law – written/unwritten  Law process making  Court system in Malaysia hajah alizah haji ali 2
  • 3. Rules and regulations. The body of enacted or customary rules recognized by a community as bindingOxford English Dictionary. The body of principles recognized and applied by the state in the administration of justiceJohn Salmond, Jurisprudence. hajah alizah haji ali 3
  • 4. CLASSIFICATION OF LAW PUBLIC LAW Constitutional law Criminal law INTERNATIONAL LAW Public International law private International law PRIVATE LAW Contract hajah alizah haji ali Trust Tort 4
  • 5. Public Law The law which governs the relationship between individuals and the State. Constitution al law Public law Criminal law hajah alizah haji ali 5
  • 6. Constitutional Law Lays down the rights of individuals in the State e.g – rights of citizen Criminal Law Codifies the various offences committed by individuals against the State hajah alizah haji ali 6
  • 7. International Law  Body of law and rules of conduct which States are bound to observe.  Can be created in two main ways: (i)By treaty;(ii)By custom  Public International Law International law Private International Law hajah alizah haji ali 7
  • 8. Public International Law Law that prevails between States Private International Law It consists of the rules that guide a judge when the laws of more than one country affect a case (conflict of laws). hajah alizah haji ali 8
  • 9.    civil law Law which affects the rights and duties of individuals amongst themselves intended to give compensation to person injured, to enable property to be recovered from wrongdoers and to enforce obligation hajah alizah haji ali 9
  • 10. Contract Law agreement that have legal effect Trust An equitable obligation binding a person (trustee) to deal with property over which he has control (trust property) for the benefit of persons (beneficiaries) Tort Based on an obligation imposed by law ie: negligence, defamation, assault, trespass hajah alizah haji ali 10
  • 11. Meaning of the term sources: = legal rules that make up the law in Malaysia. Historical Sources Religious beliefs, local customs and opinion of jurists. Places where the law can be found Statutes, law reports, previous decisions of the courts and text books. hajah alizah haji ali 11
  • 12. Sources of Malaysian law Unwritten law Written law Act / Federal / Enactmen State t/ Constitut Ordinance ion Subsidiary law English law Syariah law •Al-Quran •Hadith •Sunnah •Qiyas Judicial decision hajah alizah haji ali Customary law West Malaysia •Adat temenggong •Adat pepatih •Chinese&Hi ndu customary Law East Malaysia •Adat melayu •Adat bumiputra •Chinese •Hindu customary Law 12
  • 13. WRITTEN LAW  Federal/State Constituition  Act/Enactment/Ordinance  Subsidiary Legislation hajah alizah haji ali 13
  • 14.   The law that have been codified or recognized by the Federal and State Constitution. embodied in a code or statute including subsidiary or delegated legislation. hajah alizah haji ali 14
  • 15. Supreme law of the land comprising 13 states the Federation. Laying down the powers of the Federal and State Governments and also enshrines the basic or fundamental rights of the individual. It was drafted by Reid Commission in 1956 with 5 representatives from India, British, Pakistan and Australia. hajah alizah haji ali 15
  • 16. The Constitution come into force following the independence on August 31, 1957. AMMENDMEND This Constitution can only be amended by a two-thirds (2/3) majority of the total number of members of the legislature. hajah alizah haji ali 16
  • 17. Each State possesses its own constitution regulating the government of that State, known as ENACTMENT. contains provisions which are enumerated in the Eight Schedule to the Federal Constitution E.g; matter discusse state executive members, finance, state legislative assembly, roles of the Sultan, etc) Article 75 of the Fed Cons-’If any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void’. hajah alizah haji ali 17
  • 19. Subsidiary Legislation Legislation Law enacted by a body constituted for this purpose. Parliament at federal level and by the various State Legislative Assemblies at state level parliament Defined by the Interpretation Act 1967 as ‘any proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect’. hajah alizah haji ali 19
  • 20. LAW MAKING PROCESS First reading - Dewan rakyat Minister formally introduce the bill by having its short title read 2nd reading – dewan rakyat Debate e bill & vote Committee stage – examine the bill, consider the amendment followed by a report & circulate to all members 3rd reading – dewan negara Same process with 2nd reading Amendment -suggest amendment to dewan rakyat Dewan rakyat may accept or reject the suggestion No amendment Art 66(3) FC; sent the bill to YDPA to get his assent Art 66 (4); YDPA must absent within 30 days Art 40 (1): YDPA act in accordance to the advice of cabinet Art 66 (5): gazette the bill before officially enforced hajah alizah haji ali 20
  • 21. UNWRITTEN LAW  English Law  Syariah Law  Judicial Decision  Customary Law hajah alizah haji ali 21
  • 22. convenient reference to that portion of Malaysian law which is not enacted by the legislature (Parliament and the State Assemblies) and which is not found in the Constitutions, both Federal and State. hajah alizah haji ali 22
  • 23. 1. ENGLISH LAW Has been received in Msia and it is done either expressly or by implication. Section 3(1) of Civil Law Act 1956-Where the court is required to apply…… “(a) in West Msia or any part thereof…..the common law of England and the rules of equity as administered in England on the 7th of April 1956, (b) in Sabah….the common law of England and the rules of Equity, together with statutes of general application, as administered or in force in England on st of December, 1951 and (c) in Sarawak…...the the 1 common law of England and the rules of equity, together with statutes of general application, as administered or in force in England on the 12th of December, 1949”. hajah alizah haji ali 23
  • 24. Section 5 (1) CLA 1956- Application of English Law in commercial matters in the States of West Malaysia other than Malacca and Penang….’the law to be administered shall be the same as would be administered in England in the like case at the date of the coming into force of this Act, if such question or issue had arisen or had to be decided in England, unless in any case other provision is or shall be made by any written law’. Section 5 (2) CLA 1956- Application of English Law in commercial matters in the States of Malacca, Penang, Sabah and Sarawak….’the law to be administered shall be the same as would be administered in England, in the like case at the corresponding period, if such question or issue had arisen or had to be decided in England, unless in any case other provision is or shall be made by any written law’. hajah alizah haji ali 24
  • 25.    As for English Land Law, none of the English Land Law concerning the tenure, conveyance, assurance of or succession to any estate, right or interest therein applies in Malaysia. In Malaysia, National Land Code is the law that governs the land matters and there is no any allowance for English Land Law unless the national land code applies it for the judicial comity Refer to case UMBC v. PEMUNGUT HASIL TANAH KOTA TINGGI (1984) hajah alizah haji ali 25
  • 26. 1. It is only applied in the absence of local statutes covering the same matter (only to fill in the lacuna in the local system) 2. Only that part of the English Law that is suited to the local circumstances will be applied. hajah alizah haji ali 26
  • 27. Common Law-Also known as judge-made law. Refers to law laid down by judges sitting in the superior courts as distinct from statute law enacted by the legislature. Equity-Was introduced to reduce the harshness of common law. It was developed out of the need to provide the plaintiff with relief where the strict common law rules granted as an unsatisfactory remedy or no remedy at all. hajah alizah haji ali 27
  • 28. Major source of Malaysian Law but only applicable to Muslims and enacted under the Federal Constitution. It is administered by a separate Shari’ah Courts. Article 3 of Fed Cons-Islam to be the religion of Malaysia but other religions may be practiced in peace and harmony. The state legislature have the power and permitted to make Islamic Laws pertaining to person professing the religion. Such law are administered by separate court system, Syariah Courts. State legislature also has the jurisdiction over the constitution, organization and procedures of syariah courts. Now Islamic laws are increasingly applied in banking and land laws other than applied to family and estate matters. hajah alizah haji ali 28
  • 30. Case Law-Refers to past cases or case report eg: Malayan Law Journal and Current Law Journal. It refers to judicial decision of the court which is refer by the latter court as a guide to decide future case as similar facts and situation-Land mark to other cases. Case Law become as sources of law according to doctrine of binding judicial precedent/Doctrine of stare decisis. Precedents are the decisions made by judges previously in similar circumstances. hajah alizah haji ali 30
  • 31. • • • Refers to norms, behaviors, practices and beliefs which is carried by one generation to another. It is not specific and may be different to one another. As a general rule, the customs of a local inhabitants relating to marriage, divorce and inheritance are given legal force by the courts and some are dealt with by certain specific enactments. Judicial recognition of customs is quite common in a country populated by variety of people with diverse culture and religious background. hajah alizah haji ali 31
  • 32. WEST MALAYSIA • Adat Temenggung • Adat Pepatih • Chinese & Hindu customary Law EAST MALAYSIA  Adat Bumiputera  Chinese & Hindu customary Law hajah alizah haji ali 32
  • 34. Federal court High court of Malaya Subordinate court Sessions court Magistrates court High court of Borneo (Sabah & Sarawak) Superior court Court of appeal Sessions court Magistrates court Penghulu court Native court hajah alizah haji ali 34
  • 35.  To hear civil and criminal determine appeals from decisions of the Court of Appeal and the High Court  To exercise its original jurisdiction. (e.g: Hear dispute on any matter between any State and Federal Government)  To determine constitutional questions  To give its opinion on any questions referred to it by the YDPA concerning the effect of any provision of the Constitution. hajah alizah haji ali 35
  • 36.  To hear and determine any appeal against any High Court decision on criminal matters  To hear and determine any civil appeals generally for cases where the amount or value of the subject matter of the claim is at least RM250, 000. hajah alizah haji ali 36
  • 37. 1. Original Jurisdiction  It has unlimited criminal and civil powers.  Any civil matters which cannot be determined in the subordinate courts is heard before the High Court. 2. Appellate Jurisdiction  Hears criminal and civil appeals from the Magistrates’ and Session Court. 3. general, supervisory and reversionary jurisdiction over all subordinate hajah alizah haji ali 37
  • 38. 4. 5. 6. 7. validity/dissolution of marriage (nonmuslim) Bankruptcy / winding up companies guardianship / custody of children Grants of probates, wills, letter of administration 8. injunction, SP, rescission of contract 9. Matters relating to land 10. Auction and foreclosure hajah alizah haji ali 38
  • 39.     Criminal Jurisdiction All offences other than offences punishable with death penalty Civil Jurisdiction Try all actions and suits of a civil nature where the amount of dispute or value of the subject matter does not exceed RM250, 000. Matters relating to road accident, landlords and tenants dispute. hajah alizah haji ali 39
  • 40.       FIRST CLASS MAGISTRATE Criminal Jurisdiction Criminal offences for which the maximum term of punishment provided by the law does not exceed: ◦ 10 years’ imprisonment or ◦ all offences punishable with fine only ◦ Offences of robbery, lurking, house trespass or house breaking at night - Power to pass sentence: ◦ 5 years’ imprisonment ◦ a fine of RM10, 000 ◦ Whipping up to 12 strokes ◦ The combination of any of the above Civil Jurisdiction Try all actions and suits of a civil nature where the amount of dispute or value of the subject matter does not exceed RM25, 000. hajah alizah haji ali 40
  • 41.       SECOND CLASS MAGISTRATE Criminal Jurisdiction - Criminal offences for which the maximum term of punishment provided by the law does not exceed: ◦ 12 months’ imprisonment or ◦ all offences punishable with fine only - Power to pass sentence: ◦ 6 months’ imprisonment ◦ a fine not more than RM1, 000 ◦ any sentence combining either of the aforesaid sentences Civil Jurisdiction Try all actions and suits of a civil nature where the plaintiff seeks to recover a debt or liquidated demand on money payable by the defendant with or without interest not exceeding RM3, 000. hajah alizah haji ali 41
  • 42. The lowest court system which only applicable in village/rural/remote area  Presided by ketua kampung (Malay head)  For ASEAN race who can speak and understand Malay language  Jurisdiction – civil  matter below RM50 Criminal  simple offence minor in nature punishe d with fine not exceeding RM25  hajah alizah haji ali 42
  • 43. i- SABAH AND SARAWAK COURT (NATIVE COURT) -having jurisdiction relating to native/custom ii- JUVENILE COURT -involve minor except case relating to death penalty  High court hajah alizah haji ali 43
  • 44. SYARIAH COURT -unlimited jurisdiction over Syariah matter - Only bound on Muslim on that particular state only - Pass sentence not more than 3 years imprisonment, fine RM 5000 or 6 strokes hajah alizah haji ali 44