Laws of Malaysia and the courts

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2025) Laws of Malaysia and the courts. In: Business and Commercial law in Malaysia. LexisNexis Malaysia Sdn Bhd, Kuala Lumpur, pp. 27-59. ISBN 978-629-7669-88-5

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Abstract

Malaysia is a federation that consists of thirteen 13 States, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu; and three Federal Territories, namely, Kuala Lumpur, Putrajaya and Labuan. The word ‘law’ is defined in article. 160(2) of the Federal Constitution as the written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or any part thereof. The written laws are enacted by the legislature while the enforcement of the law is the task of the judiciary. In Malaysia, courts are established to deal with the disputes. There are court of general jurisdiction and special jurisdiction. The former comprises of the superior civil courts and subordinate civil courts. The superior civil courts consist of the Federal Court, the Court of Appeal, and the two High Courts namely, the High Court of Malaya and the High Court of Sabah and Sarawak. Meanwhile, the subordinate civil courts comprise of the Sessions Court, First Class Magistrates’ Court, and Second-Class Magistrates’ Court. The law that governs the jurisdiction and powers of the superior courts is the Courts of Judicature Act 1964 (Act 91). Meanwhile, the subordinate courts or the lower courts consists of the Sessions Court and the Magistrates’ Court. The law that governs the jurisdiction and powers of the subordinate courts are is the Subordinate Courts Act 1948 (Act 92). Where the suit is by or against the Yang di-Pertuan Agong or the Ruler of a State, in civil and criminal cause or matters, the dispute shall be brought in the Special Court for Rulers established pursuant to Aarticle 182 of the Federal Constitution. Apart from the ordinary courts of law, there are many courts with limited and specialised jurisdiction in Malaysia. The specialist courts usually do not follow the same procedural rules as in the courts of general jurisdiction. Further, some of the special courts often proceed without the benefit or expense of legal representation. The judges who serve in special courts are as varied as the special courts themselves. More importantly, cases are more likely to be disposed of speedily than in a court of general jurisdiction. The special courts include the Industrial Court, ‘Labour Court’ and Native Courts, among others. Having said the above, this chapter discusses the civil jurisdiction of the courts of general jurisdiction. Further, the discussion will also include the jurisdiction of the tribunals with reference to the Tribunal for Consumer Claims, established pursuant to Part XII of the Consumer Protection Act 1999 (Act 599) and the Tribunal for Homebuyer Claims, established pursuant to Part VI of the Housing Development (Control and Licensing) Act 1966 (Act 118). As business and commercial disputes may also be resolved through arbitration, a system of private justice to settle a given dispute outside the jurisdiction of state courts, the general features of arbitration will also be included in this chapter.

Item Type:	Book Chapter
Uncontrolled Keywords:	Laws of Malaysia, courts
Subjects:	K Law > K Law (General) K Law > K1001 Commercial Law K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	14 May 2025 09:47
Last Modified:	14 May 2025 09:47
URI:	http://irep.iium.edu.my/id/eprint/120917

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