Answer to Question #216578 in Law for Nur Syuhada Zahira

Question

The Subordinate Courts Act 1948 has been amended in 2010 which gives significant changes in the jurisdiction of the subordinates courts in Malaysia. Discuss the composition and jurisdiction of the courts. Evaluate the position of Islamic law in Malaysia.

Answer 1

Court system of Malaysia has a three-tier superior court system:

1) the Federal Court- as the highest court of the country ;

2) the Court of Appeal -as an intermediary court between the Federal Court and the High Courts; and

3) the High Court of Malaya and the High Court of Sabah and Sarawak- as the lowest of the three-tier superior 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.

In the Federation of Malaysia, Islam is the religion of the Federation but this does not extend to the legal perspective. In other words, Islamic law is not the supreme law of the Federation because the Federal Constitution has clearly stated that the supreme law of the country is the Constitution itself.