Structure of judicial system in malaysia

Thus this creates two separate local jurisdiction of the courts — for Peninsular Malaysia and for East Malaysia.

Structure of judicial system in malaysia

Early Legal Systems Prior to colonization by western powers, a form of rudimentary, tribal legal system was said to exist on the Peninsula.

Although their laws were primitive and unwritten, their organizational abilities were adequate and served as a model for later Malay villages or kampongs. For example, the head of the village or penghulu was an organizational social structure derived from the Negrito tribe.

Although the early peoples of the Malay Peninsula were varied, they shared a similar belief system, which enabled the easy absorption of the Hindu religion, which was to follow. These early societies were characterized by animism and ancestor worship. Nature and all natural elements were important, as being primarily agriculturalists, they relied heavily on a bonding with nature.

The empire encompassed lands across the Straits of Malacca and parts of Java, including a place north of Palembang in Sumatra called Melayu. This was the kingdom of Srivijaya. Srivijayan society was known to be both highly civilized and cultured and the kingdom itself a centre of learning.

One of the most lasting legacies of this Hindu rule is the system of monarchy. The concept of kingship is based on the Hindu concept of saktiwhich literally translates into the king having powers which are not of this realm.

During the Malacca Sultanate, this concept evolved into the concept of daulat. The concept of daulat differs from sakti in that the king is not regarded as one having supernatural powers, but the idea of kingship is rooted to those having particular or peculiar characteristics, which separates him from the rest of the ordinary populace.

Hence, this clothed the king, or raja with his right to rule. This concept survived well into and beyond the Malacca Sultanate. Another lasting legacy of Hindu rule is the adat or customary laws they leave behind.

Prior to the arrival of the British in Malaya, the Malays and the natives of Sabah and Sarawak, followed their own customs and traditions or adat. There are two main streams of adat - the adat perpateh and the adat temenggong.

Both forms of adat are believed to have originated from Sumatra, especially from the district of Minangkabau. The adat temenggong is patrilineal while the adat perpateh is matrilineal. The system of administration of the adat temenggong is autocratic, while that of the adat perpateh is democratic.

In the administration of civil and criminal law, both forms of adat admit opposing characteristics. For example, in the adat temenggong criminal punishment is on the basis of an eye for an eye, while in the adat perpateh, the emphasis is not so much upon punishment for the offence but upon remedial measures to correct an injustice.

A substantial amount of case law grew around this issue of harta sepencarianor jointly acquired property. This formalization of native customary law ensures its survival through written codes. The customary laws of the Dayaks of the Third, Fourth and Fifth Divisions of Sarawak have been codified in the Tusun Tunggua code of customary law, most of it pertaining to land matters.

In Sabah, native courts are established under the Native Courts Enactment, The Malacca Sultanate The success of Srivijaya as a great trading nation was continued by the new kingdom of Malacca. Founded by a runaway prince from Palembang, the significance of Malacca to the Malaysian legal system began with the coming of Islam to the Peninsula from about the beginning of the ninth century AD.

By the thirteenth century, trade in Southeast Asia was overtaken by Muslim traders from India. Malacca was believed to have received Islam in the early fifteenth century.

As a result of the Islamisation of Malacca, and subsequently other states in the Peninsula, Islamic laws were introduced and in the early days, were applied alongside with the adat or customary law.

The law continued in the above written codes are said to be based on Islamic law of the Shafii School, together with elements of local custom.

The Malacca written codes were responsible for the growth of other written codes in other states of the Peninsula: InMalacca was overrun by the Portuguese, and inby the Dutch.

While much is known about the system of administration of both the Portuguese and the Dutch, [10] not much is known about the laws which were applied to the local inhabitants of Malacca.

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It was recorded that the Dutch East India Company had decided on a standard regulation, which would apply in all its territories in the Indian Archipelago. Consequently, law books containing a collection of the most-used regulations in Java were sent to Malacca.

These books were supposed to have guided the Court of Justice in Malacca. The British Era 3.The Subordinate Courts – In Malaysian legal system hierarchy, the Subordinate Courts comprises the Sessions Courts, the Penghulu’s Courts in western part of Malaysia and the Magistrates’ Court.

Penghulu’s Court – The Penghulu’s Courts hear civil issues in which the claim is below RM and where the offenders are of Asian race and speaks and understands the Malay language.

Structure of judicial system in malaysia

Court System Structure In California, the court system is divided into two systems, trial courts and appellate courts. Trial courts consist are the Superior Courts and appellate courts consist of 6 Courts .

The judicial system is composed of a Supreme Court, Appellate Courts, and Trial Courts. Supreme courts handle cases regarding the Constitution or federal law.

Appellate court hears appeals in appropriate circuits or specialized cases. The Court of Appeal is an appellate court of the judiciary system in Malaysia. It is the second highest court in the hierarchy below the Federal Court The court is headed by the President of the Court of Appeal, who is the second most important person in Malaysian judiciary after the Chief Justice.

The judicial powers of the country are exercised by the subordinate courts, the High Courts and the Federal Court, organized in a hierarchy with the subordinate courts at the lower level and the superior courts (comprising the High Courts, the Court of Appeal and Federal Court) at the higher level.

The judicial system in Malaysia is a federalized court system operating uniformly throughout the country. Executive The cabinet is chosen from among members of both houses of Parliament and is responsible to that body.

Malaysian Legal System Hierarchy Chart |