Legal System of Malaysia

Malaysia is located in East N Southeast Asia. It is geographically situated in southeastern asia, peninsula bordering thailand and northern one-third of the island of borneo, bordering indonesia, brunei, and the south china sea, south of vietnam. The country achieved independence on 31 august 1957 (from the uk). The capital is Kuala Lumpur.

Government Overview

Government Type: federal parliamentary constitutional monarchy Chief of State: King Sultan IBRAHIM ibni al-Marhum Sultan Iskandar (since 31 January 2024) Head of Government: Prime Minister ANWAR Ibrahim (since 24 November 2022) Cabinet: Cabinet appointed by the prime minister from among members of Parliament with the consent of the king Administrative Divisions: 13 states (negeri-negeri, singular - negeri); Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis, Pulau Pinang, Sabah, Sarawak, Selangor, Terengganu; and 1 federal territory (Wilayah Persekutuan) with 3 components, Kuala Lumpur, Labuan, and Putrajaya National Holiday: Independence Day (or Merdeka Day), 31 August (1957) (independence of Malaya); Malaysia Day, 16 September (1963) (formation of Malaysia) Suffrage: 18 years of age; universal

Legal System

The legal system of Malaysia is described as mixed system of English common law, Islamic law (sharia), and customary law; the Federal Court can review legislative acts at the request of the supreme head of the federation International Law: has not submitted an ICJ jurisdiction declaration; non-party state to the ICCt

Constitutional Framework

The constitution has the following history: previous 1948; latest drafted 21 February 1957, effective 27 August 1957 Amendment Process: proposed as a bill by Parliament; passage requires at least two-thirds majority vote by the Parliament membership in the bill’s second and third readings; a number of constitutional sections are excluded from amendment or repeal

Judicial Branch

Highest Court(s): Federal Court (consists of the chief justice, president of the Court of Appeal, chief justice of the High Court of Malaya, chief judge of the High Court of Sabah and Sarawak, 8 judges, and 1 “additional” judge) Judge Selection: Federal Court justices appointed by the monarch on advice of the prime minister; judges serve until mandatory retirement at age 66 with the possibility of a single 6-month extension Subordinate Courts: Court of Appeal; High Court; Sessions Court; Magistrates’ Court

Legislative Branch

The legislative structure consists of bicameral Lower Chamber: House of Representatives (Dewan Rakyat) (223 (all directly elected) seats) Electoral System (Lower Chamber): plurality/majority Upper Chamber: Senate (Dewan Negara)

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Malaysia Suffrage: 18 years of age; universal

Historical Background

Malaysia’s location has long made it an important cultural, economic, historical, social, and trade link between the islands of Southeast Asia and the mainland. Through the Strait of Malacca, which separates the Malay Peninsula from the archipelago, flowed maritime trade and with it influences from China, India, the Middle East, and the east coast of Africa.

This article provides a summary of the legal system and governmental structure of Malaysia based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.