- Superior courts: Federal Court, Court of Appeal, High Court in Malaya, High Court in Sabah and Sarawak.
- Sessions Court civil limit is RM1 million (unlimited for motor accident and landlord-tenant cases); First Class Magistrate RM100,000; Second Class Magistrate RM10,000.
- Sessions Courts try all offences except those punishable with death; those go to the High Court.
- First Class Magistrates can sentence up to 5 years' jail, RM10,000 fine and 12 strokes.
- The Penghulu's Court in Peninsular Malaysia has been abolished; Sabah and Sarawak have Native Courts.
The court hierarchy
From top to bottom, the civil court system is:
- Federal Court (Mahkamah Persekutuan) – the highest court. It hears appeals from the Court of Appeal (mostly only with permission, called leave), constitutional questions referred to it, and disputes between states or between a state and the Federation.
- Court of Appeal (Mahkamah Rayuan) – hears appeals from the High Courts, in civil and criminal cases.
- High Courts (Mahkamah Tinggi) – there are two, of equal standing: the High Court in Malaya and the High Court in Sabah and Sarawak (Article 121 of the Federal Constitution). They hear serious cases at first instance and appeals from the subordinate courts.
- Sessions Courts (Mahkamah Sesyen) – subordinate courts for mid-range civil claims and most serious criminal offences.
- Magistrates' Courts (Mahkamah Majistret) – the busiest courts, for smaller claims and less serious offences. Small claims are heard here.
The Federal Court, Court of Appeal and High Courts are called the superior courts; their powers are mainly in the Courts of Judicature Act 1964. Sessions and Magistrates' Courts are the subordinate courts, governed by the Subordinate Courts Act 1948.
Separate from this system are the Syariah courts (state courts for Muslims in Islamic law matters) and the Native Courts of Sabah and Sarawak.
Civil jurisdiction: how much can each court award?
| Court | Civil claims it can hear | Law |
|---|---|---|
| High Court | No monetary limit; in practice claims above RM1 million go here, plus matters only the High Court can deal with (e.g. divorce under civil law, probate, bankruptcy, company winding-up, injunctions, judicial review) | Courts of Judicature Act 1964 |
| Sessions Court | Claims not exceeding RM1,000,000. No limit for motor vehicle accident claims, landlord-and-tenant disputes and distress. Parties may also agree in writing to let the Sessions Court hear a bigger claim | Subordinate Courts Act 1948, s 65(1) and (3) |
| Magistrates' Court (First Class Magistrate) | Claims not exceeding RM100,000 | s 90 |
| Magistrates' Court (Second Class Magistrate) | Debts or fixed money claims not exceeding RM10,000 | s 92 |
| Small claims (in the Magistrates' Court) | Claims by individuals not exceeding RM5,000, without lawyers | Rules of Court 2012, Order 93 |
These limits have applied since the Subordinate Courts (Amendment) Act 2010 (Act A1382) took effect; before that, the Sessions Court limit was RM250,000 and the First Class Magistrate's limit was RM25,000. See Small claims.
Criminal jurisdiction: which court tries which offence?
| Court | Offences it can try | Maximum sentence it can pass |
|---|---|---|
| High Court | All offences, including those punishable with death | Any sentence allowed by law |
| Sessions Court | All offences except those punishable with death (s 63) | Any sentence allowed by law except death (s 64) |
| First Class Magistrate | Offences with a maximum prison term of not more than 10 years, or punishable by fine only, plus robbery and house-breaking under Penal Code ss 392 and 457 (s 85) | Up to 5 years' prison, a fine up to RM10,000, up to 12 strokes of whipping, or a combination (s 87) |
| Second Class Magistrate | Offences with a maximum prison term of not more than 12 months, or punishable by fine only (s 88) | Up to 6 months' prison, a fine up to RM1,000, or both (s 89) |
Note that the sentencing power of the court can be lower than the maximum penalty in the offence itself – which is why the prosecution may choose to charge a case in a higher court. Some specific laws also give magistrates or Sessions Courts extra sentencing powers for particular offences. For what happens in a criminal case, see The criminal process.
Specialist and special courts
- Court for Children (Mahkamah Bagi Kanak-Kanak) – set up under the Child Act 2001. A Magistrate sits with two advisers (one must be a woman). It tries offences by children (under 18), except offences punishable with death, which go to the High Court. Hearings are not open to the public.
- Special Corruption Courts – since 2011, designated Sessions Courts (and High Courts) hear corruption cases so that they move faster. In 2026 the judiciary announced a Special Corruption High Court in Kuala Lumpur, with Kuala Lumpur High Court corruption cases centralised there from April 2026.
- Environmental Courts – designated Sessions and Magistrates' Courts that prioritise environmental offences, introduced from 2012.
- Other specialist divisions – High Courts have specialist divisions such as the Intellectual Property courts, Construction courts and commercial courts, and certain Sessions Courts hear cyber-crime cases.
- Special Court (Mahkamah Khas) – under Article 182 of the Constitution, hears cases brought by or against a Ruler.
- Coroner – Magistrates also act as coroners to inquire into sudden or unexplained deaths.
Courts in Sabah and Sarawak, and the old Penghulu's Court
Sabah and Sarawak have their own Native Courts (Mahkamah Anak Negeri in Sabah; Mahkamah Bumiputera in Sarawak), set up under state law. They deal with native law and custom – for example, customary marriage and family disputes, and breaches of adat – for native communities. Civil and criminal cases otherwise go through the ordinary courts, with appeals to the High Court in Sabah and Sarawak.
Older textbooks mention a Penghulu's Court (Mahkamah Penghulu) in Peninsular Malaysia with power over claims of up to RM50 and minor offences. The provisions for that court (ss 94–97 of the Subordinate Courts Act 1948) were deleted by Act A1382, so it no longer exists.
Practical tips
- File in the right court: if your claim is RM100,000 or less, it normally starts in the Magistrates' Court; between RM100,001 and RM1 million, in the Sessions Court; above that, in the High Court.
- You usually file in the court for the place where the cause of action arose or where the defendant lives or does business.
- Civil cases in all courts are now filed electronically through the judiciary's e-Filing system; see How a civil case runs.
- Many disputes can go to a cheaper tribunal instead of a court: see Tribunals and alternatives to court.
Laws cited on this page
| Act 91 | Courts of Judicature Act 1964 · Akta Mahkamah Kehakiman 1964 | Official text |
| Act 92 | Subordinate Courts Act 1948 · Akta Mahkamah Rendah 1948 | Official text |
| Act 574 | Penal Code · Kanun Keseksaan | Official text |
| Act 611 | Child Act 2001 · Akta Kanak-Kanak 2001 | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Sources
- Federal Constitution, Art 121 (Laws of Malaysia portal)
- Subordinate Courts Act 1948, ss 63–65, 85–92; ss 94–97 deleted by Act A1382 (text via Low & Partners)
- Courts of Judicature Act 1964 (text via Low & Partners)
- Judiciary of Malaysia – Procedures in civil cases (court monetary limits)
- Mondaq – The court system in Malaysia (2023)
- Child Act 2001 (text via Low & Partners)
- NST – Judiciary to establish special High Court for corruption cases (Jan 2026)
- Eco-Business – 'Green courts' to protect the environment
Related
How Malaysian law worksHow a civil case runsSmall claims (RM5,000 and below)AppealsThe criminal process: from police report to verdictSyariah courts