Malaysia Legal Systems for Dummies

If you’re coming to Malaysia for an internship, the fastest way to feel confident in week 1 is to understand the “shape” of the system: where the law comes from, which courts decide what, and what a case looks like from filing to hearing.

Here’s the good news: you’re not starting from zero.

1. The Big Picture: Common Law Roots

Malaysia is a common law jurisdiction, so the legal “thinking style” will feel familiar. Judges and lawyers rely on precedent, structured legal reasoning, and concepts you already know - contract, tort, equity, and the usual discipline of working from the facts to the law.

 So don’t worry if you’re not across Malaysian statutes yet. If you can read a case, extract a principle, and apply it carefully, you’re already speaking the right language.

Where it does feel different is the overall structure.

2. A “Dual” System

Malaysia is often described as having a dual legal system, with two court structures running in parallel:

• Civil courts (the “main” court system) deal with most civil and criminal matters.

• Syariah courts are state-based and deal with certain matters involving Muslims, most commonly family and personal law.

Australia students often assume there’s one court system that covers everything like that in Australia.

 The Malaysia’s civil courts are generally structured as:

• Federal Court (apex)

• Court of Appeal

• High Court (two co-ordinate High Courts: High Court in Malaya, and High Court in Sabah and Sarawak)

• Subordinate Courts (Sessions Courts and Magistrates’ Courts)

 Consider this your early adjustment: in Malaysia, the right answer can depend on the right forum.

 When dealing with law issues, the one question that will save you hours when you come across anything that touches on:

• marriage or divorce

• inheritance

• religious status

• family arrangements

Start with:

“Which forum has power to decide this?”

 It’s a simple question, but it’s the difference between doing helpful research and going down a rabbit hole.

Intern takeaway: You don’t need to memorise the whole system before you land in KL. Just remember that Malaysia’s structure can be different to what you’re used to and when in doubt, ask your supervisor early. That’s what good interns do.