Malaysian Legal System

The Malaysian
Legal System is based on English common law due to the country’s
colonial history. It is a hybrid system incorporating customary law, Islamic
law, and civil law. Below is an overview of its key components:

1. Sources of Law

The
primary sources of Malaysian law include:

• The Federal Constitution – The supreme law of
  Malaysia.


• Legislation (Statutory Law) – Laws enacted by Parliament
  and State Assemblies.


• Common Law and Equity – Derived from English law
  and judicial precedents.


• Islamic Law (Syariah Law) – Governs Muslims in
  matters like marriage, divorce, and inheritance.


• Customary Laws – Includes Adat Perpatih
  and Adat Temenggung (Malay customs) and native laws (e.g., for
  Orang Asli and indigenous groups in Sabah & Sarawak).

2. Court System in Malaysia

Malaysia
has a dual court system: Civil Courts and Syariah Courts.

A. Civil Court System (Hierarchy)

1. Federal Court – The highest court in
   Malaysia.


2. Court of Appeal – Handles appeals from
   lower courts.


3. High Court – Divided into:




• High Court of Malaya
  (Peninsular Malaysia)


• High Court of Sabah and
  Sarawak (East Malaysia)




4. Subordinate Courts:




• Sessions Court – Handles criminal and
  civil cases with higher value.


• Magistrates' Court – Handles minor criminal
  and civil cases.


• Penghulu Court – Minor cases in rural
  areas.

B. Syariah Court System

• Applies only to Muslims
  and deals with Islamic family law and offenses under state
  Islamic laws.


• Hierarchy:




1. Syariah Subordinate Court


2. Syariah High Court


3. Syariah Court of Appeal

3. Legal Profession

• Judges – Appointed by the Yang
  di-Pertuan Agong (King) on the advice of the Prime Minister.


• Lawyers – Divided into:




• Advocates & Solicitors (practicing in civil
  courts)


• Syariah Lawyers (practicing in Syariah
  courts)

4. Alternative Dispute Resolution (ADR)

• Includes arbitration,
  mediation, and conciliation as alternatives to litigation.