What Is Civil Law in Malaysia

Speaking of the High Court, it has civil jurisdiction to hear claims over RM250,000.00. As with the lower court, if you are not satisfied with the Supreme Court`s decision, you can appeal to the Court of Appeal if you make claims that exceed rm250,000.00. If the claim is less than RM250,000.00, the approval of the Court of Appeal is required. However, you should note that there is no automatic right of appeal from the Court of Appeal to the Federal Court and therefore leave must be obtained before it can proceed. A civil law to be applied in Malaysia. [Peninsular Malaysia – 7 April 1956; One of the most notable differences between civil and criminal law is punishment. In the case of criminal law, a convicted person is punished by imprisonment, a fine or the death penalty. Whereas in the case of civil law, the losing party must reimburse the plaintiff the amount of damages, which is determined by the judge and is called punitive damages. A criminal trial is more serious than a civil trial because the accused have more rights and protection than a civil defendant. Federal laws enacted by the Malaysian parliament apply throughout the country.

There are also state laws enacted by state legislatures that apply in the respective state. Malaysia`s constitution also provides for a single dual system of justice – secular laws (criminal and civil laws) and Sharia laws. The dual legal system is provided for in Article 121(1A) of the Malaysian Constitution. Article 3 also provides that Islamic law is a matter of constitutional law, with the exception of the federal territories of Malaysia. [1] Islamic law refers to Sharia law, and in Malaysia it is known and written as Syaria. The court is known as the Sharia Court. Considering the Malaysian legal system as a whole, Sharia law plays a relatively small role in defining the country`s laws. It applies only to Muslims. With regard to civil law, the Sharia courts are competent to deal with personal legal matters, such as marriage, inheritance and apostasy. Some states have Sharia criminal laws, for example, there is the Kelantan Syariah Criminal Code Enactment 1993. However, their jurisdiction is limited to the imposition of fines not exceeding RM5000 and a maximum prison sentence of 3 years. In August 2007, the then Chief Justice of Malaysia proposed replacing the current application of the common law in Malaysia with Sharia law.

[2] What about the conflict between civil judgments and Sharia judgments per se? This is the status of Sharia courts in Malaysia compared to their civilian counterparts. The judge in the Dato` Kader Shah case[9] clarified that in case of conflict, "the procedure before the Supreme Court(s). must take precedence over Sharia courts" because of their status as superior courts. This brings into the discussion the subordinate status of a Sharia court: Article 121(1A) of the Malaysian Constitution[10] provides that civil courts "shall not have jurisdiction over matters within the jurisdiction of the Sharia courts". This implies that sharia courts have exclusive jurisdiction over all 26 areas and therefore have significant dominance over civil courts in these areas. Nevertheless, in the Indira Gandhi case,[11] the Federal Court of Justice ruled that the article was intended to avoid conflicts between civil courts and Sharia law and was not an expression of an inherent domination of Sharia law. As soon as a question concerns the interpretation of the law or constitutional issues, the civil courts resume their domination. Indeed, Sharia law has no jurisdiction over such constitutional matters, regardless of the overlapping elements in Sharia matters.

In addition, the Borders case[12] shows that the application of Sharia law can be hampered by procedural obstacles in civil law. In this case, the actions of JAWI (Islamic Federal Department) agents who seized publications that "violate Islamic law" were declared illegal because they had acted without a restraining order in the books, which were to be issued by the Minister of the Interior. Clearly, the considerable limits of power of a Sharia court have proven to be very uncomfortable for its functioning – perhaps this is the inherent disadvantage of a "dual" legal system such as Malaysia`s. This contrasts with civil proceedings such as debt collection, defamation actions and damages for bodily injury. For these, the reward is usually in the form of money paid by one party to another. The parties involved in civil proceedings include a defendant and a plaintiff. The plaintiff is the one who brings the action when he files a complaint or application with the court. The other party, as we have already mentioned, is called the defendant and they are the ones who respond to the lawsuit, the case then goes through the court proceedings and the case is resolved either by a hearing or by a motion. Criminal law and civil law differ in how cases are brought (who can lay charges or bring an action), how cases are decided (by a judge or jury), what types of sentences or sentences can be imposed, what standards of proof must be met, and what legal safeguards may be available to the accused. [54] Sukma Dharmawan vs Ketua Pengarah Penjara [1999] 1 MLJ 266 (CA); [1999] 2 MLJ 241, (FC); Latifah Mat Zin v. Rosmawati Sharibun & Anor [2007] 5 CLJ 253: "Clause (1A) of Article 121 was not introduced to override the jurisdiction of the civil courts.

The question that must be asked [in cases where the state enacts laws that violate matters on the federal list] is: Are such laws even constitutional? And the constitutionality of such laws falls within the jurisdiction of the Federal Supreme Court – Article 128. – Abdul Hamid Mohamed FCJ, p. 279. As a general rule, a civil suit will involve legal action between two private parties seeking financial compensation or damages from the plaintiff. And as a rule, in such cases, the plaintiff suffered from reasons of illegal or illegal behavior on the part of the defendant. A judgment is then rendered in favor of the plaintiff or defendant, and you should also note that a criminal conviction cannot be imposed in any civil case during the judgment. According to the Federal Constitution, Islamic law is a matter that falls under the list of states, that is, it is a matter for which the state legislature and not the parliament is competent. [51] The Ninth Annex to the Constitution details the specific issues of Islamic law and the personal and family law of persons professing the religion of Islam, for which the state legislature is competent. This includes Islamic criminal law [52] and the constitution, organization and procedures of Sharia courts.

[53] The position of the Sharia courts is respected by the Constitution and their jurisdiction to rule on matters within their "exclusive jurisdiction"[54], which is protected by Article 12(1A), which provides that civil courts do not have jurisdiction over matters within the jurisdiction of the Syariah courts. Now that we have discussed the distribution of subordinate tribunals, let us look at each of their functions. For example, a main district court has civil jurisdiction to hear claims that do not exceed rm25,000.00. Although the Court of Sessions has civil jurisdiction to hear claims that exceed the amount of RM25,000.00 but do not exceed the amount of RM250,000.00. .

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