Essay About Malaysian Courts

The lowest court in the hierarchy of Malaysian courts are Penghulu court (Peninsula Malaysia) and the Native court (Sabah and Sarawak). the lower courts are more limits in terms of criminal and civil. The Penghulu Courts is headed by a penghulu (headman). It has very limited original jurisdiction in both civil and criminal matters. This jurisdiction only applicable to Asian race that speak and understand the Malay language (section 94 of the Subordinate Courts Act 1948). In civil matters, the penghulu Court may hear proceedings in which the plaintiff seeks to recover a debt or a claim with or without interest that not exceeding RM 50. In criminal matters, it may try minor offences which normally carry a small fine not exceeding RM 25 under section 95(2). Example case for penghulu court is Yahya has be accused for stealing Samad’s coconuts. He has been brought to the court of penghulu and has been prove for his crime. Yahya has been fine for not more than RM50 for his crime. Native courts exercises jurisdiction over matters affecting native customs such as those relating to religious or matrimonial matters, land matters h there is no title issued by the Land Office and Civil cases (excluding land) where the value of the subject-matter does not exceed fifty ringgit. The second

The criminal jurisdiction related to criminal matters punishable by death and in civil matters where the claim or the subject matter is land, bankruptcy, trusts, probate and administration of estates, divorce, exceeds RM100,000.00 or remedy sought specific performance, an injunction or recission of contract. For civil jurisdiction, it include matters relating to divorce and matrimonial cases, appointment of guardians to infants, the granting of probate of wills and testaments and letters of administration of the estate of the deceased person, bankruptcy and other civil claims where the amount in dispute exceeds