Legal System in Malaysia

Dear friends in this Whatsapp Chat Group 

Our tutor Dr. Susan Gurney at the University of Cambridge has asked us students from various countries around the world to write a summary of the legal system in each of our respective country.

This is just as one of the many daily and weekly tasks  we need to undertake and submit as part of our course in forensic investigation (forensic toxicology)

This is a wake up call for me as I have no clue myself, and I am sure you too have not much clue as most of us are not in the legal profession

So I like to share my knowledge with you to wake you up also.

This is the beauty of a chat group where we can share knowledge after a research

Unfortunately a lot send rubbish and videos to us in chat groups.

So I need to neutralize them with something that is solidly academic.

Legal System in Malaysia (Part 1)

by Lim Ju Boo - Saturday, 15 February 2020, 7:15 PM

Dear Dr. Susan

You have asked me a very difficult question as I am not in the legal field, and I really do not have much idea how our legal system in Malaysia works.

But I shall try my level best using plain simple language from sources I read here and there and understand.

The legal system in my country, Malaysia is very complex

It is mainly based on the common law legal system.

But there are also state laws enacted by the State Legislative Assemblies which applies in the particular state.

The constitution of Malaysia also provides for a unique dual justice system—the secular laws (criminal and civil) and sharia (Islamic) laws even though there a controversy whether or not Malaysia is a secular or an Islamic country since it is a multiracial country for sure with many types of religion being practiced here even though the majority of the population are Muslims

The reason why the law of Malaysia is mainly based on the common law legal system was because it is the direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s.

However, the supreme law of the land is the Constitution of Malaysia that sets out the major legal framework and rights of all Malaysian citizens.

The Federal laws are enacted by Parliament of Malaysia and this applies throughout the country even though it may have a dual system.

Then there are also state laws enacted by the State Legislative Assemblies which applies in the particular state

On the dual system of law in this country this is provided in Article 121(1A) of the Constitution of Malaysia.

Article 3 also provides that Islamic law is a state law matter with the exception for the Federal Territories of Malaysia.

 Islamic law refers to sharia law, and in Malaysia it is known and spelled as syariah. The court is known as the Syariah Court.

Looking at the Malaysian legal system as a whole, sharia law plays a relatively small role in defining the laws on the country. It only applies to Muslims.

With regards to civil law, the Syariah courts has jurisdiction in personal law matters, for example pertaining to marriage, inheritance, and apostasy.

In some states there are sharia criminal laws, for example there is the Kelantan Syariah Criminal Code Enactment 1993.

Their jurisdiction is however limited to imposing fines for an amount not more than RM 5000 (925.33 Pound sterling) and imprisonment to not more than 3 years.

They cannot impose capital or death sentence on any criminal or murder cases such as in Alex and Linda hypothetical murder case Cambridge University gave us. 

Such cases has to be referred to the High Court, then  to the Appeal Court and finally the Federal (Supreme) Court that will have the final say by applying the Federal Constitution, the highest Constitution of the land that applies to all major criminal and murder cases

 In August 2007, the then Chief Justice of Malaysia proposed to replace the current common law application in Malaysia with sharia law, but this was turned down

I am a long retired medical researcher, not in the legal profession. So I hope I have summarized something out of my field to the best of my ability.

Thank you

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Dear Dr. Susan,

Part 2

Just some further information on what I have written earlier at the 5^th week  student forum

The hierarchy of courts in this country (Malaysia) begins from the lowest court, namely the Magistrates' Court where minor offences like stealing, traffic offences, burning rubbish in public, and owners of dogs allowing them to chase and bite others are heard here.

The next higher court is the Sessions Court where cases on civil matter involving motor vehicle accidents, disputes between landlord and tenant and distress action and other matters where the amount in dispute does not exceed RM 250,000.00 are heard here.

In the Malaysian legal system, for more serious offenses such as drug and human trafficking, and murder cases that may result in a capital punishment (death sentence) they are then referred to the High Courts

If a convicted person is not happy with the sentence hand down by a High Court, he / she may appeal to the next highest court which is the Court of Appeal where the sentence of the lower court (magistrate and session courts) may be upheld or overturned

If he is still not satisfied, he / she may also have his / her case heard in the highest court that is, the Federal Court which is the apex or the Supreme Court of the land

But if any judgment by the apex court (Federal Court) is handed down, then there is no more further avenues available for him / her to appeal. Then that sentence including a death sentence is confirmed

In Malaysia currently death sentence is imposed for drug trafficking, murder, kidnapping, human smuggling, treason against the King and country, and other similar serious offences

However they are now trying to have the capital sentence (death sentence) abolished

But this has caused a tremendous outcry among some sectors of the public especially among members of families whose loved ones were murdered - quite understandable.

In fact some families publicly said that if the death sentence is abolished, and if the murderer of their family members was let off the gallows, they themselves would personally kill the murderer. They blamed government as insensitive 

So the decision whether or not to abolish the death sentence in this country is still being debated, maybe abolished only for some other offences such as for drug offences

In Malaysia we currently do not have a jury system anymore.

We had one but it was abolished in 1995

Hence if a death sentence is heard in the apex court (Federal Court), instead of a jury, 2 or 3 or even more senior judges will sit on the bench to make the decision

That sentence will be final

Thank you for your question.  It has helped me to learn something about our own legal system which I never knew before