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
- Check the time limit first — see the limitation checker.
- Use the forum finder to see which court or tribunal hears your problem.
- Send a letter of demand before suing, and keep a copy.
- Consider mediation — it is quicker, cheaper and confidential.
Which court or agency?
| Problem | Where to go | Law |
|---|---|---|
| Up to RM5,000 (individuals) | Magistrates' Court — small claims | Order 93 |
| Up to RM100,000 | Magistrates' Court | Act 92 s 90 |
| Up to RM1 million | Sessions Court | Act 92 s 65 |
| Above RM1 million | High Court | Act 91 |
| Islamic law matters (Muslims) | Syariah courts | State 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 91 | Courts of Judicature Act 1964 Akta Mahkamah Kehakiman 1964 | PDF · PDF (BM) · Official ↗ |
| Act 92 | Subordinate Courts Act 1948 Akta Mahkamah Rendah 1948 | PDF · PDF (BM) · Official ↗ |
| Federal subsidiary legislation | Rules of Court 2012 [P.U. (A) 205/2012] Kaedah-Kaedah Mahkamah 2012 | Official ↗ |
| Act 254 | Limitation Act 1953 Akta Had Masa 1953 | PDF · PDF (BM) · Official ↗ |
| Act 749 | Mediation Act 2012 Akta Pengantaraan 2012 | Official ↗ |
| Act 585 | Syariah Court Civil Procedure (Federal Territories) Act 1998 Akta Tatacara Mal Mahkamah Syariah (Wilayah-Wilayah Persekutuan) 1998 | PDF · PDF (BM) · Official ↗ |
| State enactment | Syariah Court Civil Procedure (State of Selangor) Enactment 2003 Enakmen Tatacara Mal Mahkamah Syariah (Negeri Selangor) 2003 | PDF (BM) · Official ↗ |
| No. 2 of 2013 | Time 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 2024 | Settlement 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.
Official links and forms
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).
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.
All questions & answers → · Ask your own →