ASSIGNMENT BUSINESS LAW

TOPIC: JUDICIAL SYSTEM IN MALAYSIA

PREPARED FOR DR.NAEMAH AMIN

PREPARED BY:

1) MOHD HEIKAL ALIAS 2) FAIZAH ABD RAHIM 3) HASNIM BT KAMIL 4) SYAKIRAH HANIM ABDUL RAHMAN

DL1016817 DL1019690 DL1015698 DL1019242

JUDICIAL SYSTEM IN MALAYSIA

EXECUTIVE SUMMARY

1.The purpose of this paper is to discuss on the judicial system in Malaysia as part of the requirement for Law LAW 3112 Malaysian Business

2.There are 4 parts of this paper to be discussed on judicial system in Malaysia which comprises of :

Hierarchy of courts, jurisdiction and powers Superior Courts in Malaysia Subordinate Courts in Peninsular Malaysia Subordinate Courts in East Malaysia

Introduction
Article 121 of The Federal Constitution has stated that power is exercised by the judiciary . The judiciary has the power to hear and determine civil and criminal matters. It can even pronounce on the legality of legislative or executive acts. It can also interpret the Federal and State Constitution

History
The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonization of Malaya, Sarawak, and North Borneo by Britain between early 1800s to 1960s. The supreme law of the land— the Constitution of Malaysia— sets out the legal framework and rights of Malaysian citizens. A federal law enacted by the Parliament of Malaysia applies throughout the country. There are also state laws enacted by the State Legislative Assembly 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 laws. The operations and relationship between the two legal systems can be complicated and has caused uncertainties.

History
Prior to the independence in 1957, most of the laws of United Kingdom were imported and either made into local legislations or simply applied as case laws. Malaysian law is also based on other jurisdictions namely Australia and India. The criminal law in Malaysia&mdas the Criminal Procedure Code&mdash were based on the Indian criminal code. Similarly, the Contracts Act is based on the Indian model. Malaysian land law is based on the Australian Torrens system.

Malaysia has a unified judicial system, and all courts take cognizance of both federal and state laws. The legal system is founded on British common law. Most cases come before magistrates and sessions courts. Religious courts decide questions of Islamic law and custom. The Federal Court, the highest court in Malaysia, reviews decisions referred from the High Court of Peninsular Malaysia, the High Court of Sabah and Sarawak, and subordinate courts. The Federal Court, of which the Yang Di Pertuan Agong is lord president, has original jurisdiction in disputes among states or between a state and the federal government. The Federal Court consists of the chief justice, the two chief judges from the High Courts, and seven other judges. Administrative detention is permitted in security cases, in which certain other guarantees of due process are reportedly suspended.

The judiciary has traditionally functioned with a high degree of independence. Most civil and criminal cases are fair and open. The accused must be brought before a judge within 24 hours of arrest. Defendants have the right to counsel and to bail. Strict rules of evidence apply in court and appeal is available to higher courts. Criminal defendants may also appeal for clemency to the paramount ruler or to the local state ruler. Severe penalties, including the death penalty, are imposed for drug-related offenses.

Although British colonialism deeply influenced the judiciary of Malaysia, law and a system of courts were well established long prior to the arrival of the British. For example, Melaka and Brunei maintained order using Islamic law and unwritten law based on tradition and custom. Judges were appointed by the sultan of their state. Before the creation of the Federated Malay States in 1895, chief judges heard appeals from the Islamic courts and further appeals were heard directly by the sultans in consultation with their religious advisors. Under this system the ruler was the source of justice and supreme judicial authority.

The Islamic system of justice was slowly weakened under British rule due to the emphasis placed on separating religious and civil power and creating a formal bureaucratic state governed by written law. William A. Graham, the first head of state government in Kelantan per the Anglo-Siamese Treaty of 1902, provides an illustrative example. In violation of the treaty with the state ruler Graham worked to curb the power of Islamic courts by refusing police assistance in carrying out their orders and collecting evidence. The marginalization of indigenous courts was formalized with the Judicial Commissioners' Regulations and Order in Council in 1896. This legislation removed the power of the sultans to hear legal appeals and created the office of judicial Commissioner to carry out this function. The Federated Malay States Appeals Orders in Council of 1906 provided for appeals to the Privy Council in London.

Before the Japanese invasion in 1941 the Straits Settlements, the Federated Malay States and the Unfederated Malay States each had their own appeals courts. These appeals courts were later integrated into the Court of Appeal of the Malayan Union in 1946. When the Federation of Malaya was put into place in 1948 following the abandonment of the Malayan Union a Court of Appeal was established for the entire federation that lasted until independence from the British in 1957.

Hierarchy of Courts, Power and Jurisdiction

Prior to the formation of Malaysia in 1963, there were three Supreme Courts of Judicature in Commonwealth South-east Asia:

The Supreme Court of the Federation of Malaya The Supreme Court of Singapore The Supreme Court of Sarawak, North Borneo and Brunei

Each Supreme Court consisted of a High Court and a Court of Appeal, and was headed by a Chief Justice. When the Federation of Malaysia was founded in 1963 the Federal Court (not to be confused with the Federal Court in Malaysia's current judicial arrangement) took the place of the Court of Appeal. Upon independence, by mutual agreement of the United Kingdom and Malaysia, and by Article 131 of the Federal Constitution, the Privy Council continued to function as the highest court in Malaysia, formally advising the Yang di Pertuan Agong on the determination of appeals from the Federal Court. Appeals to the Privy Council in London were not abolished entirely until 1 January 1985 upon the establishment of the Supreme Court. The Supreme Court was renamed the Federal Court in a further reorganization of the court system in 1994.

During the colonial era, decisions of the Malayan courts could be taken on appeal to the Queen-in-Council, advised by the Judicial Committee of the Privacy Council in London. Upon independence, by an Agreement between Her Majesty The Queen and His Majesty The Yang di-Pertuan Agong, and by Article 131 of the Federal Constitution, the Privy Council continued to function as the highest court in Malaysia, formally advising the Yang-di-Pertuan Agong on the determination of appeals from the Federal Court. Privy Council appeals on criminal and constitutional matters were abolished on 1 January 1978. Civil appeals were abolished on 1 January 1985, whereupon the Federal Court was renamed the "Supreme Court of Malaysia".

In 1963 the remaining British territories in Southeast Asia, save Brunei, were incorporated into an enlarged federation of Malaysia. The 1963 Federal Constitution replaced the various Courts of Appeal with a single Federal Court of Malaysia, headed by a Lord President of the Federal Court, with three High Courts, each headed by a Chief Justice, below it:

The High Court in Malaya The High Court in Singapore The High Court in Borneo

A separate Supreme Court of Judicature was established in Brunei.Singapore left the Federation on 9 August 1965, but the High Court in Singapore remained part of the Malaysian judicial system until the Supreme Court of Singapore was reintroduced in 1969: see Law of Singapore.

In 1988, a constitutional crisis occurred after the Lord President and a number of Supreme Court judges were suspended and later dismissed. As a consequence of the crisis, Article 121 of the Constitution was amended. Originally, in line with the doctrine of separation of powers, Article 39 vested the executive authority of the federation in the Yang di-Pertuan Agong (King), Article 44 vested legislative power in Parliament, and Article 121 provided that "the judicial power of the Federation shall be vested in two High Courts of coordinate jurisdiction and statute". This provision was repealed in 1988, removing any reference to the judicial power of the federation in the Constitution. Most legal scholars believe that despite this change, since no mention was made of a new holder of judicial authority, "it may still be presumed to reside in the courts". The motivation for the amendment has been criticized: "Exactly what was intended to be achieved by tampering with the original version that was founded on well established principles remains unclear.

In 1994, in order to restore a second tier in the appellate system which was lost when Privy Council appeals were abolished, the Constitution was amended to establish a Court of Appeal of Malaysia (headed by a President of the Court of Appeal) under the Supreme Court, which once again was renamed the "Federal Court".

As part of the reforms, the office of Lord President of the Supreme Court was replaced by that of "Chief Justice of Malaysia", while the Chief Justices of Malaya and Borneo were retitled "Chief Judge of Malaya" and "Chief Judge of Sabah and Sarawak" respectively. The High Court in Borneo was also renamed "High Court in Sabah and Sarawak". These changes were seen by many in the Opposition as an attempt to downgrade the prestige of the judiciary.

In the former British settlements of Penang and Malacca, the introduction of English law brought about a system of trial by jury (a jury consisted of originally twelve, but later seven, persons) in all criminal cases on indictment. In the Malay states, Sarawak and North Borneo, trial by jury had not been available, and capital cases were tried by a judge sitting with two assessors.

Due to concerns about miscarriages of justice during the Malayan Emergency, the first prime minister of Malaya, Tunku Abdul Rahman, extended trial by jury to all capital cases in Malaya after independence in 1957.

In Sabah and Sarawak, which did not join the Federation until 1963, capital trials continued to be tried by a judge sitting with two assessors, as they had been before independence. In 1978, jury trials in Penang and Malacca were restricted to capital cases, bringing them into line with the rest of Malaya. From 1 January 1995, jury trials and trials with assessors were abolished throughout Malaysia.

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 jurisdictions 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 coordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdictions 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 is Justice Dato' Abdul Hamid Mohamad, the President of the Court of Appeal is Tan Sri Dato' Zaki bin Tun Azmi, and the Chief Judge of Malaya is Justice Dato' Alauddin Mohamad Sheriff. 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. The judicial power of Malaysia is vested in the Federal Court, the Court of Appeal, the High Courts and Subordinate Courts. The judiciary is headed by Chief Justice. Below are the list of Chief Justice from 1994 until present : Abdul Hamid Omar 1994, previously Lord President Mohamed Eusoff Chin 1994 2000 Mohamed Dzaiddin Abdullah 2000 2003 Ahmad Fairuz Abdul Halim 2003 2007 Abdul Hamid Mohamad 2007 - 2008 Zaki Tun Azmi 2008present

High courts have jurisdiction over all serious criminal cases and most civil cases. The sessions courts hear the cases involving landlord-tenant disputes and car accidents. Magistrates' courts hear criminal cases in which the maximum sentence does not exceed 12 months. The Court of Appeals has jurisdiction over high court and sessions court decisions 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). Further information: Malaysian Court of Appeal The Court of Appeal generally hears all civil appeals against decisions of the High Courts except where against judgment or orders made by consent. In cases where the claim is less than RM250,000, the judgment or order relates to costs only, and the appeal is against a decision of a judge in chambers on an interpleaded summons on undisputed facts, the leave of the Court of Appeal must first be obtained. The Court of Appeal also hears appeals of criminal decisions of the High Court. It is the court of final jurisdiction for cases which began in any subordinate courts. The two High Courts in Malaysia have general supervisory and revisionary jurisdiction over all the Subordinate Courts, and jurisdiction to hear appeals from the Subordinate Courts in civil and criminal matters. The High Courts have unlimited civil jurisdiction, and generally hear actions where the claim exceeds RM250,000, other than actions involving motor vehicle accidents, landlord and tenant disputes and distress. The High Courts hear all matters relating to:

the validity or dissolution of marriage (divorce) and matrimonial causes, bankruptcy and matters relating to the winding-up of companies, guardianship or custody of children, grants of probate, wills and letters of administration of estates, injunctions, specific performance or rescissions of contracts, legitimacy of persons.

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The High Courts have unlimited jurisdiction in all criminal matters other than matters involving Islamic law. The High Courts have original jurisdiction in criminal cases punishable by death.Cases are heard by a single judge in the High Court, or by a judicial commissioner. While High Court judges enjoy security of tenure, judicial commissioners are appointed for a term of two years, and do not enjoy similar protection under the Constitution.

An application for a judicial review is applied in this court. The Magistrates' Courts and Sessions Courts in Malaysia have jurisdiction in both criminal and civil matters.Somewhat like the former Quarter Sessions in England, the Sessions Courts have jurisdiction to try offences which are not punishable by death. They are presided over by Sessions Court judges (formerly Sessions Court Presidents). The Sessions Courts also hear all civil matters of which the claim exceeds RM25,000 but does not exceed RM250,000, except in matters relating to motor vehicle accidents, landlord and tenant and distress, where the Sessions Courts have unlimited jurisdiction. Magistrates are divided into First Class and Second Class Magistrates, the former being legally qualified and having greater powers. Second Class Magistrates are now not normally appointed. In criminal matters, First Class Magistrates' Courts generally have power to try all offences of which the maximum term of imprisonment does not exceed 10 years or which are punishable with fine only, but may pass sentences of not more than five years imprisonment, a fine of up to RM10,000, and/or up to twelve strokes of the cane. The Magistrates Courts hear all civil matters with less than RM25,000 in dispute. The Magistrates' Courts also hear appeals from the Penghulu's Courts.The court of a penghulu, or Malay village head, has the power to hear civil matters of which the claim does not exceed RM50, where the parties are of an Asian race and speak and understand the Malay language.The Penghulu Court's criminal jurisdiction is limited to offences of a minor nature charged against a person of Asian race which is specially enumerated in his warrant, which can be punished with a fine not exceeding RM50.In Sabah and Sarawak, there are no Penghulus' Courts, but there are instead Native Courts having jurisdiction on matters of native law and custom. The Court for Children, previously known as the Juvenile Court, hears cases involving minors except cases carrying the death penalty, which are heard in High Courts instead.
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Cases for children are governed by the Child Act 2001. A child is defined as any person below the age of 18. The Special Court was established in 1993 to hear cases of offences or wrongdoings made by a Ruler. A Ruler includes the Yang di-Pertuan Agong (King), the sultans of monarchical states in Malaysia, the Yang di-Pertua Negeri, and the Yang di-Pertuan Besar, i.e.: the head of states of Malaysia and its component states. Prior to this, a Ruler was immune from any proceedings brought against them in their personal capacity.[2]

There is a parallel system of state Syariah Courts which has limited jurisdiction over matters of state Islamic (sharia) law. The Syariah Courts have jurisdiction only over matters involving Muslims, and can generally only pass sentences of not more than three years imprisonment, a fine of up to RM5,000, and/or up to six strokes of the cane.

The appointment of the Chief Justice is governed by Article 122B of the Constitution of Malaysia whereby the Yang di-Pertuan Agong (King) appoints the Chief Justice on the advise of the Prime Minister of Malaysia after consulting the Conference of Rulers. As for the appointment of the President of the Court of Appeal, the Chief Judge of Malaya, the Chief Judge of Sabah and Sarawak, and other Federal Court judges, similar procedure is taken with the additional requirement of consultation with the Chief Justice.[3]

The appointment of Court of Appeal judges is also governed by the same procedures with the additional requirement for the consultation of the President of the Court of Appeal. As for the appointment of High Court judges, similar procedures are prescribed with the additional requirement of consultation with the respective Chief Judges. The appointment of Sessions Court judges is governed by Section 59 of the Subordinate Court Act 1948. They are appointed by the Yang di-Pertuan Agong upon the advise of the respective Chief Judges.

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Section 78 of the Subordinate Courts Act 1948 provides that the appointment of magistrates are done by the respective state government upon the advise of the respective Chief Judges, except for magistrates in the Federal Territory, where thy are appointed by the Yang diPertuan Agong upon the advise of the Chief Judge. Subordinate Courts In East Malaysia

Prior 1 June 1981, the subordinate Courts in east Malaysia consisted of the Native Court and Magistrate courts . However, upon the implementation of Subordinate Courts Act (Extension) Order 1980, there are some modification of Subordinate Courts Act 1948 which extended to Sabah and Sarawak. By this extension, the subordinate courts now consist of Native courts, Sessions Courts, and Magistrate Courts

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Definition of Native Court

1. Short title. This Ordinance may be cited as the Interpretation (Definition of Native) Ordinance.

2. Interpretation. (1) The word native used as a substantive occurs in any written law in force at the commencement of this Ordinance, other than the Ordinances set out in the Schedule to this Ordinance, or in any written law coming into force after the commencement of this Ordinance, unless expressly otherwise enacted therein;

(a) Any person both of whose parents are or were members of a people indigenous to Sabah

(b) Any person ordinarily resident in Sabah and being and living as a member of a native community, one at least of whose parents or ancestors is or was a native within the meaning of paragraph (a) hereof; or

(c) any person who is ordinarily resident in Sabah, is a member of the Suluk, Kagayan, Simonol, Sibutu or Ubian people or of a people indigenous to the State of Sarawak or the State of Brunei, has lived as and been a member of a native community for a continuous period of three years preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act, 1959/63:

Provided that if one of such person's parents is or was a member of any such people and either lives or if deceased is buried or reputed to be buried in Sabah, then the qualifying period shall be reduced to two years; or

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(d) any person who is ordinarily resident in Sabah, is a member of a people indigenous to the Republic of Indonesia or the Sulu group of islands in the Philippine Archipelago or the States of Malaya or the Republic of Singapore, has lived as and been a member of a native community for a continuous period of five years immediately preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act, 1959/63.

(2) In the definition of native set out in subsection (1) (a) Ancestor means progenitor in the direct line other than a parent; (b) Native community means any group or body of persons the majority of whom are natives within the meaning of paragraph (a) of subsection (1) and who live under the jurisdiction of a Local Authority established under the provisions of the Rural Government Ordinance* or of a Native Chief or Headman appointed under the provisions of that Ordinance; (c) Parent includes any person recognized as a parent under native law or custom.

(3) No claim by any person to be a native by virtue of the provisions of paragraphs (b), (c) and (d) of subsection (1) shall be recognized as valid unless supported by an appropriate declaration made by a Native Court under section 3.

3. Powers of Native Courts. (1) Any person claiming to be a native may apply to a Native Court established under the Native Courts Enactment, 1992 and having jurisdiction in the area in which such person resides to declare.

(a)That such person is recognized by native law and custom as the parent or child, as the case may be, of any other person; or
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(b) that such person is a member of a native community, has so lived during any stated period, and while so living has borne a good character; or

(c) That such person is a member of a people named in paragraphs (c) or (d) of subsection (1) of section 2; or

(d) that a parent of such person is or was a member of a people named in paragraph (c) of subsection (1) of section 2 and living, or if deceased is buried or reputed to be buried, in Sabah.

(2) Subject to the provision of subsection (3) of this section, any Native Court referred to in subsection (1) to whom an application is properly made under such subsection shall have exclusive jurisdiction to entertain and determine any such application and to make such declaration as the case requires.

(3) Any declaration of any Native Court made in the exercise of the jurisdiction conferred upon it by subsection (2) shall be subject to review and scrutiny by, and appeal to the District Officer or a Board of officers appointed by the Yang di-Pertuan Negeri for the purpose.

(4) The final decision on any application made under subsection (1) shall be conclusive evidence for all purposes in respect of the matter or matters to which it relates.

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The Native Courts

A separate system and hierarchy of Native Courts has been established in Sabah and Sarawak under the Native Courts Ordinance 1992 to hear and determine disputes among natives in relation to native customary laws. The Native Courts Ordinance 1992 which replaces the previous Native Courts Ordinance 1953 in Sabah and Native Courts Ordinance 1955 in Sarawak provides for a system of Native Courts in Sabah and Sarawak with both original and appellate jurisdictions.

Native Courts in Sabah

The composition and structure in Sabah is governed by the Sabah Native Courts Enactment 1992, which replaced the Native Courts Ordinance 1953. According to Section 3 of the Native Courts Enactment 1992, the Yang DiPertua Negeri of Sabah has the power to establish Native Courts at such places, as he or she may deem fit. The Native Court in Sabah is divided into of a three-tier structure consisting of the following; (a) The Native Court (b) The District Native Court (c) The Native Court of Appeal

Composition
Under the restructured Native Court in Sabah, every level of courts consists of three members. According to Section 3(2) of the Sabah Native Courts Enactment 1992, each Native Court consists of three Native Chiefs or Headmen resident within the territorial jurisdiction of such court as maybe empowered from time to time by the State Secretary.

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Jurisdiction
Section 6 of the Native Courts Enactment 1992 provides that the Native Court in Sabah has original jurisdiction over the following matters; (a) Cases arising from a breach of native law or custom where all the parties are natives; or (b) Cases arising from a breach of native law or custom in respect of religion, matrimony or sex where one of the parties is a native; a written sanction of the District Officer acting on the advice of two Native Chiefs to institute proceedings is a requirement where one party is not a native (c) cases involving native law, custom relating to; (i) Betrothal, marriage, divorce, nullity of marriage and judicial separation; (ii) Adoption, guardianship or custody of infants, maintenance of dependants and legitimacy; (iii) Gifts or succession testate or intestate; and (iv) Other cases if jurisdiction is conferred upon it by the Native Court Enactment or any other written law

As far as legal matters concerning Muslims, it was previously dealt with by the Native Courts but their jurisdiction concerning Muslims were abolished by the Native Court (Amendment) 1961. The current position is governed by Section 9 of the Sabah Native Courts Enactment 1992, which provides that; Native Courts shall have no jurisdiction in respect of any cause or matter within the jurisdiction of the Syariah Courts or of the Civil Courts.

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Native Courts in Sarawak

The structure and composition of the Native Court in Sarawak consists of the Headmans Court, Chiefs Court, Chiefs Superior Court, District Native Court, Residents Native Court and the Native Court of Appeal.

Composition 1. 2. 3. The Headmens Court is presided by a Headman and 2 assessors. The Chiefs Court is presided by a Penghulu and 2 assessors. The Chiefs Superior Court is presided by a Temenggong or Pemancar with 2 assessors or both Temenggong and Pemancar with one assessor. 4. 5. 6. The District Native Court is presided by a Magistrate and 2 assessors. The Residents Native Court is presided by a Resident with 2 or 4 assessors. The Native Court of Appeal is presided by a Judge with one or more assessors.

Jurisdiction Section 5 of the Native Court Enactment 1992 provides that the Native Court in Sarawak shall have original jurisdiction in the following matters; (a) breach of native law or custom where all the parties are subject to the same native system of personal law (b) cases arising from breach of native law or custom relating to religious, matrimonial or sexual matter where one party is a native; and (c) Civil matters (excluding cases under the jurisdiction of the Syariah Court) in which the value of the subject matter does not exceed RM2,000 and where all the parties are subject to the same native system of personal law. (d) any criminal case of a minor nature which are specifically enumerated in the Adat Iban or any other customary law whose custom the court is bound and which can be adequately punished by a fine not exceeding that which the Native Court can award. (e) any matter in respect of which it maybe empowered by any other written law to exercise jurisdiction.

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The Native Court in Sabah and Sarawak does not have jurisdiction over the following matters; (a) any proceedings in which a person is charged with an offence in consequence of which is alleged to have occurred (b) an offence under the Penal Code (c) any proceedings concerning marriage or divorce regulated by the Law Reform (Marriage and Divorce) Act 1976 and the Registration of Marriages Ordinance 1952, unless it is a claim arising only in regard to bride-price or adultery and founded only on native law (d) any proceedings affecting the title to or any interest in land which is registered under the Land Code (e) any case involving a breach of native law or custom if the maximum penalty which is authorized to pass is less severe than the minimum penalty prescribed for such offence (f) cases arising from the breach of Ordinan Undang- Undang Keluarga Islam 1991 and rules or regulations made thereunder, or the Malay custom of Sarawak (g) any criminal or civil matter within the jurisdiction of any of the Syariah Courts constituted under the Ordinan Mahkamah Syariah 1991

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References
1) Article 121 Federal Constitution 2) General Principles of Malaysian Law, Lee Mei Pheng, 5th Edition 2005 3)http://www.facebook.com/board.php?uid=209006328849#!/topic.php?uid=209006328849&top ic=11196 4) www.wikipedia.org Malaysian court system 5) Encyclopedia of the Nations Malaysia Judicial System 6) General Principles of Malaysian Law 7) Asean Law Association

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