Courts of Malaysia

Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law and to a lesser extent Islamic law.

There are generally two types of trials, criminal and civil. The hierarchy of courts begins from the Magistrates' Court, Sessions Court, High Court, Court of Appeal, and finally, the Federal Court. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia. 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 superior courts are the High Court, Court of Appeal, and the Federal Court, while the Magistrates' Courts and the Sessions Courts are classified as subordinate courts.

The current President of the Federal Court, as of April 2015, is Tun Arifin bin Zakaria, the President of the Court of Appeal is Tan Sri Dato' Seri Md. Raus Sharif, and the Chief Judge of Malaya is Justice Dato' Seri Zulkefli bin Ahmad Makinudin. The current Chief Judge of Sabah and Sarawak is Justice Tan Sri Richard Malanjum (appointed 2006). Bypassing many other senior judges, Tan Sri Dato' Zaki was the first lawyer appointed directly to the Federal Court. After some 2 months as a sitting judge, Tan Sri Dato' Zaki was subsequently appointed as the President of the Court of Appeal.

There are three courts with different jurisdiction within what is known as the Superior Court. They are the Federal Court: the highest court in the land, the Appeal Court, the High Court of Malaya and the High Court of Sabah and Sarawak. Each is head by a federal judge called the Chief Justice of the Federal Court, President of the Appeal Court and Chief Judge of the High Courts of Malaya and Sabah and Sarawak respectively.

The Federal Court is the highest court in Malaysia. The Federal Court may hear appeals of civil decisions of the Court of Appeal where the Federal Court grants leave to do so. The Federal Court also hears criminal appeals from the Court of Appeal, but only in respect of matters heard by the High Court in its original jurisdiction (i.e. where the case has not been appealed from the Subordinate Courts).

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