Organization of courts in Malaysia

Jurisdiction of Civil courts

The judiciary has the power to hear and settle disputes. In fact, it also has power to decide whether the laws passed by the Parliament, or the actions taken by the government are legal. In addition, it can interpret the Federal and State Constitutions. The judicial power in Malaysia is found in the higher courts, made up of the Federal Court, the Court of Appeal, the High Courts and the lower courts such as the Sessions, the Magistrates’ and the Native courts.

Tribunal system

The court system can be a very expensive and lengthy way to settle disputes. Over the years, tribunals have been established to simplify and expedite dispute settlement. Like courts, tribunals are established under statutes, but their jurisdiction is narrower, covering specific areas of law. They usually comprise a panel of experts in the subject matter to be dealt with and are headed by a legally qualified person.

Jurisdiction of Syariah or Islamic Courts

Today, Syariah law deals with Islamic banking law and Islamic family law. The Syariah courts were created under States Administration of Islamic Law Enactments. Their jurisdiction, organization and procedures are all state matters.

Islamic law

The sources of Islamic law may be divided into primary sources and secondary sources. The primary sources are the sources that are agreed by all the jurists of Islamic law.