Judicial System In Malaysia
The superior courts malaysian legal system hierarchy comprises the malaysian high court the court of appeal the federal court and the court of sarawak and sabah.
Judicial system in malaysia. The legal system is founded on british common law. In malaysia we practice adversarial system which means that it is the parties through their advocates who control the course of inquiry. Malaysia has a unified judicial system and all courts take cognizance of both federal and state laws. The high court court of appeal and the federal court are superior courts while the magistrates court the court for children and the.
The hierarchy of courts of malaysia starts with the magistrates court as the first level followed by the sessions court high court court of appeal and the federal court of malaysia which is the highest level. Judicial precedent is a system where a judge of a court makes a decision and the court at the same level as it or the courts below it in the hierarchy of the malaysian judicial system are bound to follow the decision make by it if the illegal point facts and situation in the case is similar as the case where the decision is made. Hears civil and criminal appeals from the court of appeal. The highest position in the judiciary of malaysia is the chief justice of the federal court of malaysia 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 high court court of appeal and the federal court are superior courts. Outside the court hierarchy are the syariah courts penghulu s courts and the native courts. Members chief justice the president of the court of appeal chief judge of malaya chief judge of sabah and sarawak and six federal court judges. The federal court of malaysia in the highest court of the land.
The highest position in the judiciary of malaysia is the chief justice of the federal court of malaysia 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 magistrates court the court for children and the sessions court are subordinate courts. Decisions bind all the courts below. High court the high court has general revisionary and supervisory jurisdiction over all subordinate courts and hears appeals related to criminal and civil cases from subordinate courts.
Religious courts decide questions of islamic law and custom. Most cases come before magistrates and sessions courts. A justice system originally based on the british one operates in parallel with sharia courts. Highest court in malaysia and the final court of appeal.