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Malaysian law only. Federal and state law, and Syariah law as applied in Malaysia — General information, not legal advice.

Courts & disputes

Mahkamah & pertikaian

Which court or tribunal hears your case, small claims, how a civil case runs, Syariah court procedure, appeals and enforcement.

Civil claims start in the court that matches the amount: a First Class Magistrate hears claims up to RM100,000 (Subordinate Courts Act 1948, s 90) and the Sessions Court up to RM1 million (s 65(1)(b)) — with unlimited jurisdiction for motor-vehicle accidents, landlord-and-tenant and distress (s 65(1)(a)). Bigger claims go to the High Court. Claims of RM5,000 or less by individuals can use the small claims procedure without lawyers. Many disputes are cheaper at a tribunal. Syariah courts hear matters of Islamic law for Muslims under each state's law.

What to do first

  1. Check the time limit first — see the limitation checker.
  2. Use the forum finder to see which court or tribunal hears your problem.
  3. Send a letter of demand before suing, and keep a copy.
  4. Consider mediation — it is quicker, cheaper and confidential.

Which court or agency?

ProblemWhere to goLaw
Up to RM5,000 (individuals)Magistrates' Court — small claimsOrder 93
Up to RM100,000Magistrates' CourtAct 92 s 90
Up to RM1 millionSessions CourtAct 92 s 65
Above RM1 millionHigh CourtAct 91
Islamic law matters (Muslims)Syariah courtsState enactments

Read the guides

Courts and their powersSmall claims (RM5,000 and below)How a civil case runsAppealsEnforcing a judgmentTribunals and alternatives to courtSyariah courtsSyariah Court Civil Procedure (Federal Territories) Act 1998 (Act 585)

Tools

Key laws — read the copy

Act 91Courts of Judicature Act 1964
Akta Mahkamah Kehakiman 1964
PDF · PDF (BM) · Official ↗
Act 92Subordinate Courts Act 1948
Akta Mahkamah Rendah 1948
PDF · PDF (BM) · Official ↗
Federal subsidiary legislationRules of Court 2012 [P.U. (A) 205/2012]
Kaedah-Kaedah Mahkamah 2012
Official ↗
Act 254Limitation Act 1953
Akta Had Masa 1953
PDF · PDF (BM) · Official ↗
Act 749Mediation Act 2012
Akta Pengantaraan 2012
Official ↗
Act 585Syariah Court Civil Procedure (Federal Territories) Act 1998
Akta Tatacara Mal Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1998
PDF · PDF (BM) · Official ↗
State enactmentSyariah Court Civil Procedure (State of Selangor) Enactment 2003
Enakmen Tatacara Mal Mahkamah Syariah (Negeri Selangor) 2003
PDF (BM) · Official ↗
No. 2 of 2013Time limits for mentions and trials in the Syariah courts
Arahan Amalan JKSM No. 2 of 2013: Had masa sebutan dan perbicaraan
PDF (BM) · Official ↗
No. 5 of 2024Settlement agreements already reached need not be referred to sulh at registration
Arahan Amalan JKSM No. 5 of 2024: Perjanjian penyelesaian/persetujuan oleh pihak-pihak, peguam syarie dan pegawai sulh/pengantara tidak perlu dirujuk ke Majlis Sulh pada peringkat pendaftaran
PDF (BM) · Official ↗

Each law opens our mirror page: a copy of the official text with its capture date and version history, plus the official link.

Questions people ask

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 →

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 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).

More: Limitation Act 1953 →

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.

More: Limitation Act 1953 →

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.

More: Limitation Act 1953 →

All questions & answers → · Ask your own →

General information about the law in Malaysia, not legal advice. Check the current law and get advice on your own facts.
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