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Civil law library
Anti-Sexual Harassment Act 2022
Does the harassment have to happen at work?
No. The Act covers sexual harassment in any setting, such as at work, in education, in housing, in public or online. Workplace complaints can also go through the employer under the Employment Act.
How much does it cost to file?
The filing fee for a complaint (Form 1) is RM30. The respondent pays RM10 to file a defence. You do not need a lawyer.
Can I bring a lawyer?
Generally no. Parties represent themselves, and lawyers may appear only where the case involves complex issues of law. You can still get legal advice before the hearing.
What is the most the Tribunal can award?
Compensation or damages of up to RM250,000, plus an apology (published, if the harassment was in public) and an order to attend a programme (s 20).
What if the harasser ignores the award?
The award is final (s 22) and failing to comply is a criminal offence (s 21). Report the non-compliance to the Tribunal.
Should I go to the police or the Tribunal?
You can do both. The Tribunal gives civil remedies such as an apology and compensation. The police investigate crimes such as outraging modesty or sharing intimate images. A Tribunal complaint does not stop you from making a police report.
Is there a deadline for filing?
Yes, a time limit applies. Do not wait: file as soon as possible and confirm the current limit with the Tribunal.
Child Act 2001
Who counts as a child under Malaysian law?
Under the Child Act 2001, a child is anyone under 18 (s 2). For criminal cases, a child must also have reached the age of criminal responsibility under the Penal Code, which is 10.
How do I report child abuse?
Call Talian Kasih 15999 (24 hours; WhatsApp 019-261 5999), go to the nearest Social Welfare Department (JKM) office, or lodge a police report. In an emergency call 999. Doctors, family members and child care providers have a legal duty to report (ss 27 to 29).
Can the welfare department take my child away?
Yes, if a Protector or police officer is satisfied on reasonable grounds that your child is in need of care and protection (s 18). The child must be brought before a Court for Children within 24 hours (s 19), and the court decides what happens next (s 30). Parents and their lawyers may attend the Court for Children (s 12(3)).
At what age can a child be charged with a crime?
A child under 10 cannot commit an offence (Penal Code s 82). A child aged 10 to under 12 is not liable unless mature enough to understand the act and its consequences (s 83). From 12, a child can be charged, but the case is heard by the Court for Children.
Can a child be caned by the court?
The Child (Amendment) Act 2016 removed whipping from the orders the Court for Children can make. Corporal punishment in schools and at home is a separate question not covered here.
Does the Child Act ban child marriage?
No. The Child Act does not set a marriage age. Non-Muslims are governed by the Law Reform (Marriage and Divorce) Act 1976 (18, or 16 for a girl with the Chief Minister's licence). Muslims are governed by state Islamic family law, which allows younger marriages with Syariah Court permission.
Can newspapers or social media name a child in a court case?
No. Section 15 forbids media reports that reveal the name, address or school of, or any picture identifying, a child involved in criminal proceedings, in care and protection cases, or who is a victim of listed offences. Sharing such details online can also be an offence.
Civil Law Act 1956
Does English law still apply in Malaysia?
Only to fill gaps. Under s 3(1), English common law and equity apply where no Malaysian written law covers the matter, as they stood in 1956 (Peninsular Malaysia), 1951 (Sabah) or 1949 (Sarawak), and only as local circumstances permit. Later English cases can be persuasive but are not binding.
How much is the bereavement award for a death in an accident?
RM30,000 under s 7(3A), as increased by the Civil Law (Amendment) Act 2019. It can be claimed for the spouse, children and parents of the deceased. If several people are entitled, they share it equally.
How long do I have to sue for a family member's death?
A dependency action under s 7 must be brought within three years after the death (s 7(5)). Do not wait: evidence and witnesses are easier to find early, and different time limits may apply if a government body is involved.
Is EPF or insurance money deducted from compensation?
No. Section 7(3) says insurance payouts, EPF sums, pensions and gratuities, and statutory benefits paid because of the death are not taken into account when assessing damages.
Can I claim for my disabled brother who depended on my late father?
Since the 2019 amendment, s 7(2) allows a claim for the benefit of any person with disabilities who was under the deceased's care. "Person with disabilities" has the meaning in the Persons with Disabilities Act 2008. A lawyer can advise on evidence of dependency.
Can I recover a betting debt through the courts?
No. Under s 26, gaming and wagering agreements are void, and no action can be brought to recover money won on a wager. There is an exception for prizes for lawful games and sports.
Communications and Multimedia Act 1998
Can I be charged for a rude comment on Facebook?
Only if the elements of s 233 are met: you knowingly posted content that is obscene, indecent, false, menacing or grossly offensive, with intent to annoy, abuse, threaten or harass (or to defraud). Since 2025 the threshold is 'grossly offensive', which is meant to be higher than merely rude. Threats and harassment are more likely to be prosecuted.
What is the penalty under s 233 now?
From 11 February 2025, a fine of up to RM500,000 or up to 2 years' jail or both, plus a daily fine for continuing offences, and up to 5 years where the offence involves a child. Offences committed before that date carry the old maximum of RM50,000 and/or 1 year.
Did a court strike down s 233?
In 2025 the Court of Appeal struck out the words 'offensive' and 'annoy' from s 233(1)(a). On 6 February 2026 the Federal Court reversed that, holding the words valid and constitutional. Section 233 therefore remains fully in force.
Do I need a licence to run a social media page or YouTube channel?
No. Licensing under the 2025 framework applies to platform providers with at least 8 million registered users in Malaysia, not to individual users or content creators.
What does the Online Safety Act 2025 mean for me?
It took effect on 1 January 2026 and places duties on licensed platforms, not on individual users. Platforms must provide tools to report harmful content and protect children. If a platform ignores your report about harmful content, you can complain to MCMC.
How do I report harmful content or online harassment?
Report it on the platform first, then lodge a complaint with MCMC through its online complaints portal. For threats, harassment or sexual content involving children, also make a police report. For scams, call the National Scam Response Centre on 997.
Consumer Protection Act 1999
The shop says "no refund, no exchange". Is that legal?
Such a notice cannot remove your rights under the Act (s 6). If goods are faulty or not as described, you still have the guarantees in ss 31–37 and the remedies in s 41. A shop does not have to refund you simply because you changed your mind.
Does the Act protect me if I buy for my business?
Generally no. A "consumer" buys for personal, domestic or household use (s 3). Business purchases are governed mainly by the Contracts Act 1950 and the Sale of Goods Act 1957.
How much can I claim at the Tribunal for Consumer Claims?
Up to RM50,000 (s 98, since 2019). More can be heard if both sides agree in writing (s 100). Your claim must be filed within 3 years of the cause of action (s 99(2)).
Can I bring a lawyer to the Tribunal?
No. Section 108 bars lawyers from representing parties at hearings. You present your own case; companies are represented by an employee.
What if the seller ignores the Tribunal's award?
Not complying within 14 days is a criminal offence, punishable by a fine of up to RM10,000, jail up to 2 years, or both (s 117). Report the non-compliance to the Tribunal so it can be enforced.
Is there a cooling-off period for online purchases?
There is no general right to cancel an online purchase just because you changed your mind. Some direct-sales contracts have a cooling-off period under a separate law, and faulty or misdescribed goods are covered by the guarantees.
Contracts Act 1950
Does a contract have to be in writing?
Usually not. An oral agreement can be a binding contract if it meets s 10. But some contracts must be in writing under specific laws, such as many land dealings, and a promise without consideration is only valid in the cases in s 26, most of which need writing. Writing is always better evidence.
Can my employer stop me working for a competitor after I leave?
Generally no. Under s 28, restraints on exercising a lawful profession, trade or business are void, except in the three narrow cases in the section, none of which covers ordinary employment. You must still not misuse confidential information. A 2026 reform proposal would introduce a reasonableness test, but it is not yet law.
The contract says I must pay RM10,000 if I cancel. Is that enforceable?
Under s 75, the other party can recover reasonable compensation up to that sum, without proving actual loss. Following Cubic Electronics (2019), if you say the sum is unreasonable, you must prove it, for example by showing it is extravagant compared with any loss they could suffer.
I was pressured into signing. Can I get out of the contract?
If your consent was caused by coercion, undue influence, fraud or misrepresentation, the contract is voidable at your option (ss 15 to 19). Act promptly: delay or continuing to take benefits under the contract can make it harder to cancel. You may need to return what you received (s 65).
At what age can I sign a contract?
At 18, the age of majority under the Age of Majority Act 1971. Contracts with minors are generally void, but suppliers of necessaries can be reimbursed (s 69), and scholarship agreements bind the scholar even if signed before 18.
What if something unexpected makes the contract impossible?
If performance becomes impossible or unlawful after the contract was made, and it is not one party's fault, the contract becomes void under s 57 (frustration). Money paid can usually be recovered under s 66 and the Civil Law Act 1956, s 15. Check the contract first: many contracts have force majeure clauses that deal with this.
How long do I have to sue for breach of contract?
Generally six years from the date of the breach, under s 6(1)(a) of the Limitation Act 1953 (Peninsular Malaysia). See the Limitation Act 1953 page for Sabah and Sarawak.
Courts of Judicature Act 1964 and Subordinate Courts Act 1948
How do I know which court to file my claim in?
Mostly by amount. Up to RM100,000 in the Magistrates' Court (SCA s 90), up to RM1 million in the Sessions Court (SCA s 65), and above that in the High Court. The Sessions Court has no limit for motor accidents, landlord and tenant, and distress. Some matters, such as civil divorce, probate, bankruptcy and judicial review, go to the High Court whatever the amount (CJA ss 24 and 25).
More: Courts of Judicature Act 1964 and Subordinate Courts Act 1948 →
Can I always appeal a decision I disagree with?
Not always. Small civil claims of RM10,000 or less from a subordinate court can only be appealed on a question of law (CJA s 28). Civil appeals to the Court of Appeal below RM250,000 need leave (CJA s 68), and civil appeals to the Federal Court always need leave (CJA s 96).
More: Courts of Judicature Act 1964 and Subordinate Courts Act 1948 →
How long do I have to appeal?
Usually 14 days from the decision for appeals from the Magistrates' or Sessions Court to the High Court, and for criminal appeals to the Court of Appeal (CJA s 51). Civil appeals from the High Court to the Court of Appeal generally have 30 days. Applications for leave to the Federal Court must be made within one month (CJA s 97).
More: Courts of Judicature Act 1964 and Subordinate Courts Act 1948 →
What is the maximum sentence a magistrate can give?
A First Class Magistrate can generally pass up to 5 years' imprisonment, a fine of RM10,000 and up to 12 strokes, or a combination (SCA s 87), unless a specific law gives more power. A Second Class Magistrate is limited to 6 months, RM1,000, or both (SCA s 89).
More: Courts of Judicature Act 1964 and Subordinate Courts Act 1948 →
Which court tries murder cases?
The High Court. The Sessions Court cannot try offences punishable with death (SCA s 63), and murder under s 302 of the Penal Code still carries death as one possible sentence.
More: Courts of Judicature Act 1964 and Subordinate Courts Act 1948 →
Can the Sessions Court hear a claim above RM1 million?
Yes, in motor vehicle accident, landlord and tenant, and distress cases (SCA s 65(1)(a)), and in other cases if all parties agree in writing (SCA s 65(3)).
More: Courts of Judicature Act 1964 and Subordinate Courts Act 1948 →
Criminal Procedure Code
What is the difference between seizable and non-seizable offences?
For a seizable offence the police may arrest without a warrant; for a non-seizable offence they normally need a magistrate's warrant. The classification for each Penal Code offence is in the First Schedule to the CPC.
How long can the police hold me?
No more than 24 hours without a magistrate's order (s 28 and Federal Constitution Art 5(4)). With a remand order under s 117, the total is at most 7 days for offences punishable with less than 14 years, or 14 days for more serious offences. Special laws may allow longer.
Do I have to give a statement to the police?
Under s 112 you must answer truthfully questions about the case, but you may refuse to answer questions whose answers would expose you to a criminal charge, penalty or forfeiture. Ask to consult a lawyer first (s 28A). Read your statement carefully before signing.
What does DNAA mean?
A discharge not amounting to an acquittal. Under s 254, when the Public Prosecutor decides not to proceed with a charge before judgment, the accused is discharged, but this is not an acquittal unless the court directs otherwise. The person can be charged again.
Can I get bail for any offence?
For bailable offences bail is a right (s 387). For non-bailable offences it is at the court's discretion (s 388) and is generally refused for offences punishable with death or life imprisonment, except in special cases such as a person under 16, a woman, or someone sick or infirm. Some special laws exclude bail altogether.
Can I appeal if I pleaded guilty?
After a guilty plea, appeals are usually limited to the extent or legality of the sentence. After a plea bargain under s 172C, appeal is limited to the extent and legality of the sentence. Appeal deadlines are short, usually 14 days.
Defamation Act 1957
What is the difference between libel and slander?
Libel is in permanent form: writing, print, pictures, online posts and broadcasts (s 3). Slander is spoken or otherwise temporary. Libel is actionable without proof of financial loss. Slander usually requires proof of loss, except in cases such as imputing unchastity to a woman (s 4) or disparaging someone in their profession or business (s 5).
Can I be sued for sharing someone else's post?
Yes. Each republication, including sharing, retweeting or forwarding, is a fresh publication. Under Evidence Act s 114A you may also be presumed to have published content on an account or device you control.
Is it defamation if what I said is true?
Truth (justification) is a complete defence to a civil claim (s 8), but you must be able to prove it. Criminal defamation under the Penal Code has its own, narrower exceptions, so truth alone may not be enough there.
Can I criticise a politician or public figure?
Yes, opinions on matters of public interest are protected by fair comment if they are honestly held and based on facts that are true (s 9). False statements of fact are not protected just because the target is a public figure.
How long do I have to sue?
Defamation is a tort, so the general six-year limitation period under the Limitation Act 1953 s 6 applies, running from publication. Do not wait: online evidence can disappear and delay may weaken a claim for an injunction.
Can defamation lead to jail?
Yes. Under Penal Code s 500, criminal defamation is punishable with up to two years' imprisonment, a fine, or both. Prosecutions follow a police report and are decided by the Public Prosecutor.
Someone defamed me online. What should I do first?
Take dated screenshots with the URL and account name, note who saw it, and avoid replying in anger. Then consider a lawyer's letter of demand asking for removal, an apology and compensation, a police report if it is also a crime, and a report to the platform.
Domestic Violence Act 1994
Does the Domestic Violence Act apply to Muslims?
Yes. It is federal law that applies to everyone in Malaysia, Muslim or non-Muslim. Muslims may also have remedies in the Syariah Court, but protection orders under this Act are available to all.
Is emotional abuse domestic violence?
Yes. Since 2012 the definition in s 2 includes causing psychological abuse, including emotional injury. Since 2017 it also covers threats that cause distress and insulting communications, including electronic ones.
Do I need a police report to get protection?
Not for an Emergency Protection Order: s 3A(6) says no police report is required. An Interim Protection Order is linked to a police investigation, so you need to lodge a report for that, and a Protection Order is linked to criminal proceedings.
How fast can I get an Emergency Protection Order?
The authorised welfare officer must hear the application immediately and, where practicable, issue the order within two hours (s 3A(5)). It lasts 7 days and becomes enforceable once served on the abuser by the police.
Can my abuser be ordered to leave our home?
Yes. A Protection Order, and an IPO since 2017, can give you the right of exclusive occupation of the shared residence, even if the abuser owns or rents it (s 6(1)(a)). An EPO can stop the abuser from entering your home.
What if my boyfriend or girlfriend is abusing me?
The Act protects spouses, former spouses, children, incapacitated adults and other family members. A partner you are not married to is generally not covered, but violence, threats and stalking are still crimes under the Penal Code. Report to the police.
What happens if the abuser breaks the order?
Report it to the police immediately. A wilful breach is an offence: up to RM2,000 and/or 6 months; with violence, up to RM4,000 and/or 1 year; a repeat violent breach carries at least 72 hours' jail (ss 3E and 8).
Who can I call for help?
Talian Kasih 15999 (24 hours; WhatsApp 019-261 5999), the nearest Social Welfare Department (JKM) office, any police station, or a hospital. In an emergency, call 999.
Employment Act 1955
I earn RM6,000 a month. Does the Employment Act still protect me?
Yes. Since 1 January 2023 the Act covers every employee on a contract of service. But overtime, rest-day and public holiday pay, shift allowances and statutory termination benefits apply only if you earn RM4,000 or less or fall in a listed category such as manual work. Leave, maternity and paternity rights, notice and the sexual harassment rules apply to you regardless of salary.
How many hours can my employer make me work?
Normal hours may not exceed 8 a day or 45 a week, with a break of at least 30 minutes after 5 hours (s 60A). Extra hours count as overtime, which covered employees must be paid at no less than 1.5 times the hourly rate.
Does my employer have to agree to my flexible working request?
No, but it must respond. Under ss 60P–60Q you apply in writing, and the employer must approve or refuse in writing within 60 days and explain any refusal.
Is hospitalisation leave part of my 14 days' sick leave?
No. Since 2023 hospitalisation leave of up to 60 days a year is separate from ordinary sick leave of 14, 18 or 22 days (s 60F), so the two are counted separately.
My manager harassed me and HR ignored my complaint. What can I do?
Your employer must inquire into the complaint, or tell you in writing within 30 days why it will not (s 81B). You can take the matter to the Director General of Labour, who can direct an inquiry. You can also file a claim with the Tribunal for Anti-Sexual Harassment, and report any crime to the police.
Can I be sacked without notice?
Only in limited cases: for misconduct after a due inquiry (s 14), for wilful breach of contract (s 13(2)), or if the employer pays wages in lieu of notice (s 13(1)). If you believe the dismissal was without just cause, you have 60 days to file a representation under the Industrial Relations Act 1967.
Where do I complain about unpaid salary?
Lodge a complaint at the nearest Labour Department (JTK) office. The Director General can inquire and order payment under s 69. It is cheaper and faster than a civil suit.
Evidence Act 1950
Are WhatsApp screenshots accepted in Malaysian courts?
Yes, they can be admitted as computer-produced documents under s 90A, usually supported by a certificate or evidence from the person who controls the phone. The court then decides how much weight to give them under s 90B. Keep the original device and full, unedited chat exports.
Who has to prove the case?
The person who asserts a fact must prove it (ss 101 to 103). In criminal cases the prosecution must prove guilt beyond reasonable doubt. In civil cases the claimant must prove the claim on a balance of probabilities. An accused relying on a defence such as private defence must prove it (s 105).
Can I be blamed for something posted using my Wi-Fi or account?
Under s 114A, the registered subscriber of the network service and the person who controls the computer or account are presumed to have published the content, unless they prove otherwise. You can rebut the presumption with evidence that someone else did it.
Can my husband or wife be made to testify against me?
In criminal proceedings, the spouse of an accused is a competent witness (s 120(2)). Communications between spouses during the marriage are generally privileged under s 122, subject to exceptions. Ask a lawyer how this applies to your case.
Is what I tell my lawyer confidential?
Yes. Under s 126, an advocate may not disclose communications made in the course of professional employment without the client's express consent, and under s 129 you cannot be compelled to disclose confidential communications with your legal adviser. The privilege does not cover communications to further an illegal purpose.
Can a child be a witness?
Yes, if the court is satisfied the child can understand the questions and give rational answers (s 118). The Evidence of Child Witness Act 2007 provides special measures, such as video links and screens, to protect child witnesses.
Federal Constitution
Is Malaysia an Islamic state under the Constitution?
Art 3(1) makes Islam the religion of the Federation and allows other religions to be practised in peace and harmony. Art 4 makes the Constitution, not any religious text, the supreme law. Islamic law applies to Muslims in the matters the Ninth Schedule gives to the States, through State Enactments and Syariah courts. How these provisions fit together is still debated, and the courts have dealt with it case by case.
Do fundamental liberties apply to non-citizens?
Some do and some do not. Art 5 (life and liberty), Art 6, Art 7, Art 8(1) (equality before the law), Art 11 and Art 13 protect "persons", which includes non-citizens. Art 9 (movement), Art 10 (speech, assembly, association) and Art 12 (education) are limited to citizens. Art 5(4) has a special rule for non-citizens arrested under immigration law.
Can I sue a private company for breaching my constitutional rights?
Generally, the fundamental liberties protect you against the State and public authorities, not against private persons. Against a private party you normally rely on ordinary law, such as contract, tort, employment or anti-discrimination provisions in specific Acts. A lawyer can advise whether a public body is involved.
What is the Ninth Schedule?
It is the part of the Constitution that lists which subjects belong to Parliament (Federal List), which belong to the States (State List) and which both may legislate on (Concurrent List). For example, criminal law is federal, land and Islamic law are State matters, and town planning is concurrent (Art 74).
How hard is it to amend the Constitution?
Most amendments need the votes of at least two-thirds of all members of the Dewan Rakyat and of the Dewan Negara (Art 159(3)). Sensitive provisions, such as citizenship, the national language and Art 153, also need the consent of the Conference of Rulers (Art 159(5)). Some matters concerning Sabah and Sarawak also need the State's agreement (Art 161E).
Can a court strike down an Act of Parliament?
Yes, to the extent it is inconsistent with the Constitution (Art 4(1)). Courts usually try first to read a law in a way that fits the Constitution. A challenge that Parliament or a State had no power at all to make the law follows a special procedure needing Federal Court leave (Art 4(3) and (4)).
Does my child born abroad get Malaysian citizenship through me as the mother?
Parliament passed an amendment in 2024 to give overseas-born children of Malaysian mothers citizenship by operation of law, but it only applies to children born after it comes into force. As of mid-2026 the start date was still being fixed. Until then, you can apply for citizenship by registration under Art 15(2). Check the latest position with JPN or a Malaysian embassy.
Housing Development (Control and Licensing) Act 1966
Does the Act apply if I buy a house from a private owner?
No. It protects buyers from licensed housing developers. A sale between private owners is governed by the contract, the Contracts Act 1950 and the National Land Code.
More: Housing Development (Control and Licensing) Act 1966 →
How do I calculate LAD for late delivery?
Under Schedules G and H, LAD is 10% a year of the purchase price, calculated day by day from the end of the delivery period (24 months for landed, 36 months for strata) until vacant possession is delivered.
More: Housing Development (Control and Licensing) Act 1966 →
How long is the defects liability period?
24 months after you receive vacant possession under the current Schedules G and H. Report defects in writing during this period and keep copies.
More: Housing Development (Control and Licensing) Act 1966 →
What is the deadline for the Tribunal for Homebuyer Claims?
Generally within 12 months of the trigger date under s 16N, such as the issue of the CCC, the end of the defects liability period, or termination of the SPA. For defects, courts have held the 12 months run from the end of the defects liability period.
More: Housing Development (Control and Licensing) Act 1966 →
Can I use a lawyer at the Homebuyer Tribunal?
Usually not. Under s 16U lawyers are allowed only if the case involves complex legal issues and a party would face severe financial hardship without one; then both sides may have lawyers.
More: Housing Development (Control and Licensing) Act 1966 →
Does the Act apply in Sabah or Sarawak?
No. It applies only in Peninsular Malaysia. Sabah and Sarawak have their own housing development laws.
More: Housing Development (Control and Licensing) Act 1966 →
How do I check a developer is licensed?
Look for the developer's licence and advertising and sale permit numbers in its advertisements, and verify them with KPKT.
More: Housing Development (Control and Licensing) Act 1966 →
Industrial Relations Act 1967
How long do I have to file an unfair dismissal claim?
60 days from the date of dismissal (s 20(1A)). If you were given notice, you may file during the notice period, but no later than 60 days after it ends. The department cannot accept late claims, so file as soon as possible.
Do I need a lawyer?
Not to file. You can file the representation yourself at the Industrial Relations Department. At the conciliation stage lawyers are not allowed. In the Industrial Court, parties may be represented, including by lawyers with the Court's permission, but many workers use their union or appear themselves.
Will the Industrial Court give me my job back?
It can order reinstatement, but where the working relationship has broken down it usually awards compensation in lieu of reinstatement instead, plus back wages capped at 24 months (12 months for probationers).
Does this Act apply in Sabah and Sarawak?
Yes. Unlike the Employment Act 1955, the Industrial Relations Act applies throughout Malaysia.
Can a manager file an unfair dismissal claim?
Yes. Section 20 is open to any "workman", which the Act defines as any person (including an apprentice) employed under a contract of employment to work for hire or reward, so it is not limited by job grade or salary. Managers cannot, however, be represented by a union of rank-and-file workers.
Can the employer or I appeal the award?
Yes. Since 1 January 2021, either side may appeal to the High Court within 14 days of receiving the award (s 33C). Judicial review is still possible in principle but less likely to be allowed.
What is the difference between the Labour Department and the Industrial Relations Department?
The Labour Department (JTK) handles money claims and minimum-terms complaints under the Employment Act 1955. The Industrial Relations Department (JPP) handles unfair dismissal representations, union recognition and trade disputes under this Act.
Law Reform (Marriage and Divorce) Act 1976
Can I get divorced in the first two years of marriage?
Not normally. Section 50 bars a divorce petition within two years of the marriage. A judge may give leave to file earlier only for exceptional circumstances or exceptional hardship, after considering any children and the chance of reconciliation.
What is the difference between a joint petition and a single petition?
A joint petition (s 52) is filed by both spouses who agree to divorce and agree on arrangements for the wife and children; it is usually faster and cheaper. A single petition (s 53) is filed by one spouse alone, who must prove the marriage has irretrievably broken down using one of the facts in s 54, usually after going to the marriage tribunal (s 106).
Do I have to go to the marriage tribunal?
For a single petition, generally yes: s 106 requires a certificate from a conciliatory body that it failed to reconcile you. It is not needed for a joint petition (s 52) or a conversion petition (s 51), and there are exceptions, for example where your spouse has deserted you and cannot be found or lives abroad.
Can a 17-year-old non-Muslim marry?
A boy cannot. A girl who has turned 16 can marry only if the Chief Minister grants a licence (s 10 and s 21(2)). Anyone under 21 also needs written consent from a parent (s 12).
Who gets the children after divorce?
The court decides, with the welfare of the child as the paramount consideration (s 88). It considers the parents' wishes and the child's wishes if the child is old enough. A child under seven is presumed to be better with the mother, but that presumption can be rebutted.
How long must a father pay child maintenance?
Usually until the child turns 18. Since the 2017 amendment to s 95, it can continue while the child is pursuing further or higher education or training, and for as long as a child has a physical or mental disability.
Is my marriage valid if it was never registered?
Registration is compulsory (s 27), but s 34 says registration alone does not make a marriage valid or invalid. However, the court can generally grant a divorce only for a marriage registered or deemed registered under the Act (s 48), so an unregistered marriage can cause serious problems. Get advice.
Legal Profession Act 1976
How can I check if someone is really a lawyer?
Only a person on the Roll with a current practising certificate may act as an advocate and solicitor (s 36). The Malaysian Bar's website has a search for lawyers with current practising certificates. Pretending to be a lawyer is an offence under s 37(1)(b).
Can a non-lawyer prepare my sale and purchase agreement or tenancy agreement?
Not for a fee. Under s 37(2)(a), preparing documents relating to immovable property for or in expectation of a fee, gain or reward is an offence for an unauthorised person, unless an exception in s 38 applies. You may prepare documents for your own matters yourself (s 38(1)(d)).
Can someone who is not a lawyer write my will?
Section 37 does not cover wills: s 38(2) excludes wills and other testamentary documents from "document" and "instrument". Will-writing companies therefore operate outside s 37. Make sure the will is properly signed and witnessed under the Wills Act 1959 (or follows the rules on wasiat if you are Muslim).
Can a paralegal working for a law firm draft documents?
Yes, if they are a full-time employee of an advocate and solicitor, drafting under the authority of a practising lawyer and for the firm's purposes (s 38(1)(m)). An independent contractor is not covered by that exception on the words of the Act; see the section on outsourced drafting above.
How do I complain about my lawyer?
Complaints of professional misconduct go to the Advocates and Solicitors Disciplinary Board, an independent body set up under s 93. It can impose sanctions from a reprimand to striking off. For disputes about the amount of a bill, you can ask for the bill to be taxed by the court. For lost money, you may need a civil claim; in cases of dishonesty, the Bar's Compensation Fund may help.
Are lawyers' fees fixed?
For non-contentious work such as conveyancing, fees are governed by the Solicitors' Remuneration Order (currently the 2023 Order). Litigation fees are agreed with the lawyer, and costs ordered by the court are assessed separately. Ask for a written fee estimate before you instruct a lawyer.
Can a company director represent the company in court?
Under s 38(1)(d), a full-time paid employee acting solely for their employer company in a matter to which it is a party is exempt from s 37, but has no right to represent the company in court or in chambers. The court's rules govern representation of companies in court proceedings, so get advice.
Limitation Act 1953
How long do I have to sue for breach of contract?
Six years from the date of the breach (s 6(1)(a)), in Peninsular Malaysia. Time runs from the breach, not from when you signed the contract or when you discovered the breach (except in cases of fraud or mistake under s 29).
Does the Limitation Act apply in Sabah and Sarawak?
No. Section 1(2) says it applies to West Malaysia only. Sabah and Sarawak have their own limitation ordinances, with some different periods. Check the local law or ask a lawyer there.
If the debtor admits the debt, does the clock restart?
Yes, if the acknowledgment is in writing and signed by the debtor or their agent, or if they make a part payment (ss 26 and 27). The right of action is treated as accruing afresh from that date.
Can a squatter get my land after 12 years?
For land registered under the National Land Code, s 9(2) says the 12-year rule does not apply against the registered proprietor except as that Code allows. A squatter does not gain title just by occupying registered land for 12 years. You should still act against trespassers promptly.
How long do I have to enforce a court judgment?
An action on a judgment must be brought within 12 years from the date it became enforceable, and arrears of interest on the judgment debt can only be recovered for 6 years (s 6(3)). Under the rules of court, leave may be needed to execute an older judgment. See Enforcing a judgment.
What if I did not know I had been cheated until years later?
Under s 29, where your claim is based on the defendant's fraud, or the fraud concealed your right of action, time starts only when you discovered it or could with reasonable diligence have discovered it. This does not help against an innocent buyer who paid value.
Is there a time limit for criminal cases?
The Limitation Act applies to civil actions. Criminal prosecutions generally are not subject to it, although some specific laws set their own time limits for prosecutions. Ask a lawyer about a particular offence.
National Land Code (Revised 2020)
What does "indefeasible title" mean?
Once you are registered as owner, your title cannot be challenged except in the cases in s 340(2): fraud or misrepresentation you were party to, forgery, an insufficient or void instrument, or unlawful acquisition under a statutory power.
Does my 2-year tenancy agreement need to be registered?
No. Tenancies of 3 years or less are exempt from registration and can be oral or in any written form (ss 213, 223). The agreement should still be stamped.
How long does a private caveat last?
Up to 6 years (s 328), unless withdrawn or removed sooner. If the owner applies to the Registrar for removal, it lapses 2 months after notice unless the court extends it (s 326).
Can the bank auction my house without going to court?
For land under Land Office title, the bank applies to the Land Administrator (s 260); for Registry title land, it applies to the High Court (s 256). Either way, a Form 16D notice giving at least a month to remedy must come first (s 254).
Can a non-Malay buy Malay reserve land?
Generally no. State Malay Reservation Enactments restrict dealings in reserve land to Malays and approved bodies, and these laws prevail over the Code (s 4(2)). Always check the title before agreeing to buy.
Does the National Land Code apply in Sabah and Sarawak?
No. Sabah has the Land Ordinance and Sarawak has the Land Code. The National Land Code applies in Peninsular Malaysia and, with modifications, Labuan.
Penal Code
What is the difference between cheating and criminal breach of trust?
In cheating (s 415), the offender deceives you into handing over property in the first place. In criminal breach of trust (s 405), you entrusted property to the person lawfully, and they later dishonestly misused it. Both carry imprisonment, whipping and a fine (ss 420 and 406).
Can a child be charged with a crime?
A child under 10 cannot commit an offence (s 82). A child aged 10 to under 12 is not liable if they lacked sufficient maturity to understand the act (s 83). Older children can be charged, but are dealt with in the Court for Children under the Child Act 2001.
Is stalking a crime in Malaysia?
Yes, since 31 May 2023. Section 507A makes stalking punishable with up to 3 years' imprisonment, a fine, or both. It covers online and offline conduct such as repeated unwanted contact, following and monitoring. Victims can also apply for protection orders.
Is the death penalty still in force?
Yes, but it is no longer mandatory. Since 4 July 2023, for murder and other offences that used to carry a mandatory death sentence, the court can choose between death and imprisonment of 30 to 40 years, usually with whipping. People already on death row could apply for review of their sentences.
Is attempted suicide still an offence?
No. Section 309 was repealed with effect from 10 September 2025. People in crisis are now directed to care and assessment. Helping or encouraging someone to take their own life is still a crime. If you or someone you know is in distress, contact emergency services or a crisis helpline.
Can I be jailed for letting a friend use my bank account?
Yes. Since October 2024, ss 424A to 424C make it an offence to allow others to control your account or payment instrument without lawful authority, to control someone else's, or to use accounts for unlawful transactions. Never lend, sell or rent your bank account or ATM card.
How much force can I use to protect myself?
Only what is necessary to defend against the threat (s 99). You may cause death only in the serious situations listed in s 100 (for example reasonable fear of death, grievous hurt, rape or kidnapping) or, for property, s 103. Once the danger is over, the right of private defence ends.
Personal Data Protection Act 2010
Does the PDPA apply to government departments?
No. Section 3(1) says the Act does not apply to the Federal Government and State Governments. Government agencies are subject to other laws and policies. Private companies, including those working for the government, are covered when they process data in commercial transactions.
Can a shop photocopy my IC?
The PDPA does not ban it outright, but the shop must have a lawful purpose directly related to its business, collect only what is necessary, tell you why in a written notice, and keep the copy secure and delete it when no longer needed (ss 6, 7, 9, 10). You can ask why it is needed.
How do I find out what data a company holds about me?
Make a written data access request (s 30). The company must respond within 21 days (s 31). It can refuse only on the grounds listed in s 32, and must tell you why (s 33).
What should a business do after a data breach?
Contain it, assess the harm, and if it causes or is likely to cause significant harm (or affects more than 1,000 people) notify the Commissioner within 72 hours under the Commissioner's guideline, then notify affected individuals within 7 days of that. Keep a record of the breach.
Does my small business need a Data Protection Officer?
Under the DPO guideline, a DPO is required if you process personal data of more than 20,000 people, sensitive personal data of more than 10,000 people, or carry out regular and systematic monitoring. Many small shops fall below these thresholds, but the seven principles still apply.
Is posting a photo of someone on my personal Facebook covered?
If it is purely for personal, family or household purposes, the PDPA does not apply (s 45(1)). It may still raise issues under other laws, such as defamation, harassment or the Communications and Multimedia Act. If you post for a business, the PDPA applies.
Where do I complain?
Write to the Personal Data Protection Commissioner through the Personal Data Protection Department (JPDP), pdp.gov.my. The Commissioner can investigate (s 105) and issue an enforcement notice (s 108). Breaches can also be prosecuted.
Road Transport Act 1987
What is the legal alcohol limit for driving?
22 micrograms of alcohol per 100 ml of breath, 50 mg per 100 ml of blood or 67 mg per 100 ml of urine (s 45G, since 2020). There is no safe amount to drink before driving.
Can a drink-driving charge be settled with a compound?
Drink-driving offences under ss 44, 45 and 45A go to court and carry fines, jail and minimum disqualification periods. Compounds are for prescribed minor offences.
What happens if I don't pay a traffic summons?
Since 1 January 2026, unpaid compoundable summonses lose their discount after 30 days, and after 60 days you may face court action or be blacklisted, which can block road tax or licence renewal.
Does my P licence get cancelled for a traffic offence?
For serious offences, yes. If a probationary licence holder is convicted under ss 41, 42 or 45A, among others, the court must revoke the licence.
A family member was killed in a road accident. Can we claim?
Yes. Dependants can bring a claim for loss of support, and certain relatives can claim bereavement damages, under s 7 of the Civil Law Act 1956. The claim must be filed within 3 years of the death. The driver's insurer must pay any judgment if it was notified of the case in time (s 96).
Is it an offence to lend my car to a friend without a licence?
Yes. Under s 26 no one may employ or permit an unlicensed person to drive. If the friend is not covered by insurance, you may also commit an offence under s 90.
Specific Relief Act 1950
My tenant has stopped paying. Can I just change the locks?
No. Under s 7(2), once the tenancy has ended and the tenant stays on, you must recover possession through the court. A re-entry clause in the agreement does not override this. Serve a proper notice, then sue for possession and arrears. Self-help can make you liable for trespass and damages.
What can I do if my landlord locks me out?
Write to the landlord demanding access, make a police report if your belongings are taken, and see a lawyer. The court can grant an urgent injunction to restore access, and you may claim damages. You can also sue under s 8 to recover possession if you were dispossessed without consent and without due process.
Can a court force someone to complete a contract?
Yes, through specific performance, but only in the court's discretion and usually where money would not be adequate, as with land or unique items (ss 11 and 21). Contracts for personal service, and those the court cannot supervise, cannot be specifically enforced (s 20).
Can I get an injunction to stop a government department?
Section 54(d) says an injunction cannot be granted to interfere with the public duties of any department of any Government in Malaysia. Other remedies, such as judicial review or a declaration, may be available against public bodies. Get legal advice.
Can my employer stop me working for a competitor while I am still employed?
Under s 55, a court can enforce a negative promise in a contract, such as not to serve a rival during the term of employment, even though it will not order you to work. After employment ends, restraints are generally void under s 28 of the Contracts Act 1950.
What is the difference between an interim and a final injunction?
An interim (temporary) injunction keeps things as they are until the case is decided or a set date (s 51(1)). A perpetual injunction is part of the final judgment after the court decides the merits (s 51(2)).
Strata Management Act 2013
How much sinking fund do I have to pay?
At least 10% of your maintenance charges. The JMB or MC can raise it at a general meeting but cannot go below 10% (ss 25(4), 61(3)).
Can the management cut my water or access card if I don't pay?
The Act provides specific ways to recover arrears: a written demand, a claim in court or at the Tribunal, and a warrant of attachment from the COB (ss 34–35, 78–79). Whether other measures are allowed depends on the by-laws and the circumstances; get advice if your services are cut.
What is the difference between a JMB and an MC?
A JMB (s 17) manages the building after vacant possession but before strata titles are issued and includes the developer and buyers. An MC is formed when strata titles are issued and is made up of all the owners. It takes over from the JMB.
What is the Strata Management Tribunal's limit?
Claims listed in the Fourth Schedule up to RM250,000 (s 105). The Limitation Act does not apply, but file promptly.
Can I bring a lawyer to the Strata Management Tribunal?
Normally no. Lawyers are allowed only if the case involves complex issues of law and a party would suffer severe financial hardship without one (s 110).
Who do I complain to about bad management?
Raise it first at a general meeting or with the committee. Then complain to the Commissioner of Buildings at your local council, or file a claim at the Strata Management Tribunal.
Wills, intestacy and probate (non-Muslim estates)
Do I need a lawyer to make a will?
No. Any will that meets the Wills Act formalities is valid: in writing, signed at the end, and witnessed by two people present at the same time (s 5). A lawyer, trust company or Amanah Raya can help avoid mistakes, especially for larger or complicated estates.
Does getting married cancel my will?
Yes. Under Wills Act s 12, marriage revokes an earlier will, unless the will says it was made in contemplation of that particular marriage. Make a new will after you marry.
What is the difference between probate and letters of administration?
Probate is granted to the executor named in a valid will (PAA s 3). Letters of administration are granted when there is no will, or no executor willing or able to act, usually to the people entitled to the estate (s 30). Both give legal authority to collect and distribute the estate.
My father died without a will. Who inherits?
For non-Muslims, the Distribution Act 1958 s 6 decides. For example, a spouse and children with no surviving parents share 1/3 to the spouse and 2/3 to the children. If his parents are also alive, the split is spouse 1/4, children 1/2, parents 1/4.
How long does the executor have to distribute?
The law does not force distribution before one year from the death (PAA s 77). In practice, getting the grant and collecting assets often takes longer, especially for contested estates.
Where do I apply if the estate is small?
If there is no will and the total is RM5 million or less, apply to the Land Administrator (Estate Distribution Unit) under the Small Estates (Distribution) Act 1955. If it is movable property only, up to RM600,000, Amanah Raya Berhad can handle summary administration. Otherwise, apply to the High Court.
Can a stepchild or an unmarried partner claim?
Not as an heir under the Distribution Act, which follows blood, marriage and legal adoption. The family provision claim is also limited to a spouse and certain sons and daughters (IFPA s 3). A person in that position should make sure a will provides for them.
Sharia law library
Administration of Islamic Law (Federal Territories) Act 1993 (Act 505)
Is every mufti statement legally binding?
No. Under s 34(2) only a fatwa published in the Gazette is a fatwa. Once gazetted, it binds Muslims resident in the Federal Territories and is recognised by the courts (s 34(3)–(4)). Other statements, such as advice columns or press statements, are guidance only. States have similar rules in their own enactments.
More: Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) →
Which Syariah court do I file in?
For Federal Territories residents, claims about family, inheritance, hibah or wakaf between Muslims go to the Syariah High Court (s 46). If the value is RM50,000 or less, or cannot be valued in money, the Subordinate Court can hear it (s 47, as in the 2013 reprint). Registry staff at the Mahkamah Syariah Wilayah Persekutuan will help you pick the right court and case code.
More: Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) →
Can a non-lawyer represent me in the Syariah court?
Generally no. Only a Peguam Syarie admitted by MAIWP, or an exempted government legal officer such as a Legal Aid Department officer, may appear for a party (s 59(4)). You may also act for yourself.
More: Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) →
Who looks after wakaf land?
In the Federal Territories, MAIWP is the sole trustee of every wakaf and nazr 'am, whatever the original deed says (s 61), and the property vests in MAIWP (s 62). In each state, the state Islamic religious council plays the same role under its own enactment.
More: Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) →
What makes a conversion to Islam legally valid in the Federal Territories?
Under s 85 the person must utter the shahadah in reasonably intelligible Arabic, understand its meaning, and do so of his own free will. He becomes a Muslim on completing it (s 86). Registration (s 89) gives a Certificate of Conversion, which is conclusive proof of the facts in it (s 90).
More: Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) →
Why does this Act not apply in my state?
Islamic law is a state matter under the Constitution. Act 505 covers only the Federal Territories; your state has its own administration enactment with the same kinds of rules. See the State Islamic enactments page.
More: Administration of Islamic Law (Federal Territories) Act 1993 (Act 505) →
Islamic Family Law (Federal Territories) Act 1984 (Act 303)
Does Act 303 apply to me if I live in Selangor?
No. Act 303 applies to the Federal Territories. Selangor has its own Islamic Family Law Enactment (2003), and every other state has one too. The rules are similar, but check your own state's section numbers and penalties.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
Does my wife have to agree before I take a second wife?
Under s 23 her consent is not an absolute requirement, but the court must summon and hear her, and the application must say whether her consent or views were obtained. The court will refuse permission if the marriage would cause her darar syarie or you cannot support or treat your wives equally.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
Is a talaq by text message valid?
Whether a talaq is valid under Hukum Syarak is decided by the Syariah court. Pronouncing talaq outside court without permission is an offence under s 124 (up to RM1,000, 6 months, or both), and the husband must report it to the court within 7 days so the court can inquire whether it is valid (s 55A). Go to the court promptly to confirm the status.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
How long must a father pay child maintenance?
Under s 79 a child maintenance order normally ends at 18. The court can extend it for further or higher education, and it continues for a child with a disability and for an unmarried daughter.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
Can a wife claim harta sepencarian for assets in her husband's name?
Yes. s 58 lets the court divide assets acquired during the marriage by joint effort, or by one spouse's sole effort with the other contributing to the home. Whose name is on the title does not decide it.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
What is nusyuz?
Under s 59(2), a wife who unreasonably refuses her husband's lawful wishes, for example by leaving the home against his will without a valid reason, loses her right to maintenance while she remains nusyuz. It does not affect child maintenance.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
Where can I find the current text?
The official text is on the Laws of Malaysia portal (lom.agc.gov.my). For your state's enactment, check the state Syariah judiciary or religious council website.
More: Islamic Family Law (Federal Territories) Act 1984 (Act 303) →
Sharia in the Federal Constitution
Is Malaysia an Islamic state under the Constitution?
The Constitution says Islam is the religion of the Federation (Art 3(1)) and that other religions may be practised in peace and harmony. Art 3(4) says this does not override other provisions, and the Constitution is the supreme law. Whether Malaysia is an "Islamic state" is a political debate; legally, Islamic law applies to Muslims in the areas the Constitution allows.
Why does each state have different Islamic laws?
Islamic law is in the State List (Ninth Schedule, List II, item 1), so each State Legislature makes its own enactments under Art 74(2), with its Ruler as Head of Islam. Parliament makes the Islamic laws only for the Federal Territories. Many state laws follow similar models but section numbers and penalties differ.
Can a civil court overrule a Syariah court?
Not on matters within the Syariah courts' jurisdiction (Art 121(1A)). But the civil courts decide whether a matter is within that jurisdiction, interpret the Constitution, and can review state action for constitutional validity (Indira Gandhi, 2018).
Do Syariah laws apply to non-Muslims?
No. Syariah courts have jurisdiction only over persons professing Islam (List II item 1). A non-Muslim may be affected indirectly, for example in a dispute about whether someone was a Muslim, but is not subject to Syariah offences. Some state rules on propagation of other religions among Muslims (Art 11(4)) can apply to anyone.
Why can't Syariah courts impose heavier punishments?
List II item 1 says Syariah courts have no criminal jurisdiction except as conferred by federal law. That law is Act 355, which caps punishment at 3 years' jail, a RM5,000 fine and 6 strokes of whipping, or a combination.
Who is the Head of Islam where I live?
In states with a Ruler, the Sultan or Raja (or the Yang di-Pertuan Besar in Negeri Sembilan) under that state's constitution. In Melaka, Penang, Sabah, Sarawak and the Federal Territories it is the Yang di-Pertuan Agong (Art 3(3), (5)).
Small Estates (Distribution) Act 1955 (Act 98)
What is the current limit for a small estate?
RM5 million in total value (s 3(2)), counting land and movable property together, without deducting debts. The limit was raised from RM2 million by the 2022 amendment, which came into force on 15 July 2024.
Do Muslims and non-Muslims use the same procedure?
Yes. Act 98 is a federal civil law for everyone. The difference is the law of succession: faraid for Muslims, the Distribution Act 1958 for non-Muslims. The officer decides which applies (s 12(7)).
Do I need a faraid certificate?
For a Muslim estate the officer must determine the heirs and shares under Islamic law, and Syariah courts issue faraid certificates for this (for example Act 505 s 50 in the Federal Territories). Many distribution offices ask for one; check with your local unit.
What if one heir refuses to come or sign?
Notice is served on all heirs (s 9). An heir who cannot attend may send a letter of consent (s 12(11)). If no letter is sent, the officer may still conclude the hearing (s 12(12)) and distribute by law.
Is Amanah Raya the same thing?
No. ARB is a government-owned trust company. Under Act 98 it can petition, hold money for heirs and give documents to the officer (ss 8A, 16, 18). It also runs its own summary process for movable-only estates up to RM600,000.
How long do I have to appeal?
30 days from the officer's order, decision or act, to the High Court (s 29). The High Court's decision is final. There is no appeal from an order based on a ruling on Islamic law or custom referred under s 19.
Is there a deadline to apply?
Act 98 sets no fixed deadline for heirs, but if no proceedings are taken within six months of the death, ARB or the Majlis may report the matter and petition (s 18). Delay causes problems with land and later disputes, so apply early.
State Islamic laws: a guide to the 13 states and the Federal Territories
Why are Islamic laws different in each state?
Because the Constitution makes Islamic law a state matter (List II item 1). Each state assembly passes its own enactments under its Ruler as Head of Islam. Most follow similar models, so the main rules are alike, but details differ.
More: State Islamic laws: a guide to the 13 states and the Federal Territories →
Which state's law applies to me?
Usually the state where you live (for family matters), where the property is (wakaf, some estate matters), or where an offence was committed. The Syariah court registry will tell you whether it has jurisdiction.
More: State Islamic laws: a guide to the 13 states and the Federal Territories →
Where can I read my state's enactment?
On the official site of your state's Islamic council, Syariah judiciary department or state law office (links above), or the Sarawak LawNet and Sabah State Attorney-General's sites. Federal Territories Acts are on the Laws of Malaysia portal.
More: State Islamic laws: a guide to the 13 states and the Federal Territories →
Can I rely on the Federal Territories pages in this library?
They explain the concepts and the usual structure. For section numbers, penalties and time limits, always check your own state's enactment, which may differ.
More: State Islamic laws: a guide to the 13 states and the Federal Territories →
Does my state have a Muslim wills law?
As listed here, Melaka, Negeri Sembilan, Pahang, Perak and Selangor have Wasiat Orang Islam enactments. In other states Muslim wills are governed by Hukum Syarak and the administration enactment. Check with your state's religious council.
More: State Islamic laws: a guide to the 13 states and the Federal Territories →
Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585)
Do I need a lawyer for a Syariah civil case?
No, you may act for yourself, and the court can allow an oral claim (s 16). If you want someone to represent you, it must be an admitted Peguam Syarie (Act 505 s 59). The Legal Aid Department and some NGOs help with Syariah family cases.
More: Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585) →
What is sulh?
Sulh is an amicable settlement under Islamic law. Under s 99 the parties may hold sulh at any stage. Family cases are usually referred to a sulh officer first, and an agreement can be recorded as a binding consent order (ss 94, 131).
More: Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585) →
Summons or application: which do I use?
Use a summons (Form MS 2) for most claims. Use an application (Form MS 3 with affidavit) only for matters listed in the Second Schedule, such as permission for a minor to marry, appointing a wali 'am or an injunction against molestation (s 7). Divorce follows Act 303.
More: Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585) →
How long do I have to appeal?
14 days from the decision, by notice of appeal in Form MS 29 (s 139). Appeals from the Subordinate Court to the High Court as of right are limited by Act 505 s 48; some need leave.
More: Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585) →
Can I file papers in English?
Malay is the language of proceedings and documents unless the Chief Syariah Judge orders otherwise. Documents in other languages must come with a Malay translation (s 232). MSWP checklists ask for bilingual pleadings where a party does not understand Malay.
More: Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585) →
What happens if the other side never turns up?
After proof of proper service, the court may hear and decide the case in his absence, but you must first take the oath of istizhar (s 121).
More: Syariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585) →
Syariah Court Evidence (Federal Territories) Act 1997 (Act 561)
What is the difference between syahadah and bayyinah?
Syahadah is formal testimony given with the word 'asyhadu' by a witness who meets all the conditions in s 83. Bayyinah is any evidence proving a right, including qarinah. Many people who cannot give syahadah, such as a minor or someone biased, can still give bayyinah, which the court weighs (s 83).
More: Syariah Court Evidence (Federal Territories) Act 1997 (Act 561) →
Do I need two male witnesses for everything?
No. The default is two men or one man and two women (s 86(5)), but there are exceptions: one man for certain matters, a woman alone for matters usually within women's knowledge, and documents, experts, qarinah and oaths can also prove facts.
More: Syariah Court Evidence (Federal Territories) Act 1997 (Act 561) →
Can a non-Muslim be a witness in the Syariah court?
A non-Muslim cannot give syahadah, but may give bayyinah for a Muslim where Islamic law allows, and a non-Muslim expert's evidence is admissible even against a Muslim (s 83(2)).
More: Syariah Court Evidence (Federal Territories) Act 1997 (Act 561) →
Can my spouse give evidence for me?
Yes, but evidence for your spouse, parent or child counts only as bayyinah, while evidence against them counts as both syahadah and bayyinah (s 85).
More: Syariah Court Evidence (Federal Territories) Act 1997 (Act 561) →
Are screenshots and emails accepted?
Yes. A computer-produced document is primary evidence (s 49), and digital records can be qarinah. The court still weighs their authenticity, so keep originals and metadata.
More: Syariah Court Evidence (Federal Territories) Act 1997 (Act 561) →
Does the civil Evidence Act apply in the Syariah court?
Not in the Federal Territories: s 131 says the Evidence Act 1950 does not apply to the Syariah courts. Many rules are similar, but Act 561 and Hukum Syarak govern.
More: Syariah Court Evidence (Federal Territories) Act 1997 (Act 561) →
Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355)
What does '3-5-6' mean?
It is shorthand for the Act 355 s 2 ceiling on Syariah criminal punishment: 3 years' jail, a RM5,000 fine and 6 strokes of whipping, or any combination.
More: Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) →
Has RUU355 been passed?
No. Hadi Awang's private member's bill (2016, revised 2017) was never debated or passed. The government's own amendment has been under consultation since 2023. No report was found of it being tabled or passed by October 2026.
More: Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) →
Does Act 355 apply in Sabah and Sarawak?
Yes. The Act was originally for Peninsular Malaysia and was extended to Sabah and Sarawak in 1989; s 3 validates earlier trials there.
More: Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) →
Would amending Act 355 bring in hudud?
Act 355 only sets a ceiling. Whether a state could create hudud offences depends on the constitutional limits in List II item 1 and the Federal List, which the Federal Court has applied strictly (Nik Elin, 2024). Raising the ceiling would not on its own remove those limits.
More: Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) →
Can a Syariah court impose hudud punishments now?
No. Whatever a state enactment says, the Syariah court cannot impose more than 3 years' jail, RM5,000 fine or 6 strokes (s 2).
More: Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) →
Does Act 355 apply to non-Muslims?
No. It confers jurisdiction only over persons professing the religion of Islam.
More: Syariah Courts (Criminal Jurisdiction) Act 1965 (Act 355) →
Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559)
Can a non-Muslim be charged with khalwat?
No. Act 559 applies only to persons professing Islam (s 1(2)(b)). If a Muslim and a non-Muslim are found together, only the Muslim can be charged. The same is true under state enactments.
More: Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) →
What is the maximum punishment under Act 559?
The heaviest is a fine of RM5,000, jail of 3 years, or whipping of up to 6 strokes, or any combination. That is the ceiling set by Act 355. Many offences carry lower maximums, such as RM1,000 / 6 months for missing Friday prayers (s 14).
More: Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) →
Does Act 559 apply in Selangor or Johor?
No, only in Kuala Lumpur, Labuan and Putrajaya. Each state has its own Syariah Criminal Offences Enactment with its own list and penalties. If you are charged in a state Syariah court, check that state's enactment.
More: Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) →
Is whipping under Syariah law like civil-court caning?
No. Act 560 s 125 sets a different method: a light rod, average force without lifting the hand above the head, no cutting of the skin, clothed offender, medical check, and postponement for pregnancy.
More: Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) →
Is it an offence to hold a view different from a fatwa?
Under s 12, giving or spreading an opinion contrary to a fatwa in force in the Federal Territories is an offence. 'Fatwa' here means a gazetted fatwa under Act 505 s 34, and prosecution needs the Chief Syariah Prosecutor's sanction (Act 560 s 73).
More: Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) →
Are there alternatives to jail?
Yes. The court can order counselling or rehabilitation for up to 6 months for certain belief-related offences (s 55) and committal to an approved home for women convicted of decency offences (s 56). First and young offenders can be bound over under Act 560 ss 128–129.
More: Syariah Criminal Offences (Federal Territories) Act 1997 (Act 559) →
Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560)
Can religious officers arrest me without a warrant?
Yes, for seizable offences, those punishable with 1 year's jail or more, or where there is reasonable suspicion or credible information (s 18). Police officers and Pegawai Masjid have the same power. For lesser offences a warrant is usually needed.
More: Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560) →
How long can I be held?
No longer than reasonable, and never more than 24 hours (excluding travel time) before being brought before a Syariah Subordinate Court judge (s 22). The court then decides on bail or remand.
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Do I have to answer questions?
Officers may require witnesses to attend and be examined (ss 58–59). What you tell an enforcement officer generally cannot be used as evidence at trial (s 60), but a false statement can itself be prosecuted. Get advice from a Peguam Syarie early.
More: Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560) →
Is bail available?
Yes. A person arrested without warrant who is prepared to give bail shall be released on bail (s 185). The amount must not be excessive, and the Syariah High Court can change it (s 186).
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How long do I have to appeal?
14 days from the decision for a notice of appeal, from the Subordinate Court (s 138) or the High Court (s 153). If you pleaded guilty, you can appeal only against the sentence.
More: Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560) →
Is the Act the same in every state?
No. It applies in the Federal Territories. States have their own Syariah Criminal Procedure Enactments with similar rules; check your state's version.
More: Syariah Criminal Procedure (Federal Territories) Act 1997 (Act 560) →