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Sarawak’s Judiciary is headed by the Chief Judge of Sabah and Sarawak. He oversees the administration and working of all the various courts. The Judiciary in Sarawak comprises of the High, Session & Juvenile Courts, the Sarawak Syariah Judicial Department, and the Native Court.


High Court

» Criminal Cases

Generally, the High Court has the jurisdiction to hear cases which carry the death penalty. Specifically, the jurisdiction of the High Court in criminal cases is provided in sections 22, 26, 31 and 35 of the Courts of Judicature Act, 1964.

» Civil Cases

The High Court has the jurisdiction to hear civil cases in respect of :
divorce and matrimonial causes; admiralty; bankruptcy and company cases; appointment and control of guardians of infants and their property; appointment and control of guardians of disabled persons and their estate; and grant of probates of wills and letters of administration.

Specifically, the jurisdiction of the High Court in civil cases is provided in sections 23, 24, 24A, 25 (including Schedule), 25A, 28, 30, 32, 33 and 35 of the Courts of Judicature Act, 1964.

» More information about High Court


Sessions Court

» Criminal Cases

The Sessions Court has the jurisdiction to try all offences other than offences punishable with death.

» Civil Cases

The Sessions Court has unlimited jurisdiction to hear running down cases, landlord and tenant, and distress; to try other suits where the amount in dispute does not exceed RM250,000; and with the consent of the parties involved, to try cases exceeding RM250,000 but the award is limited to the statutory limit of RM250,000 only.


Magistrates' Court

» Criminal Cases

A First Class Magistrate Court has the jurisdiction to try all offences where the maximum term of imprisonment provided by law does not exceed 10 years or which are punishable with fine only or cases involving robbery and housebreaking by night.

Generally, a First Class Magistrate may pass any sentence allowed by law not exceeding 5 years imprisonment; a fine of RM10,000 whipping up to 12 strokes; or any sentence combining any of the sentences aforesaid.

However, in some cases such as under the Dangerous Drugs Act 1952 and Betting Act 1953 the Magistrate may impose a fine higher than RM10,000.

» Civil Cases

A First Class Magistrate Court has the jurisdiction to try all actions and suits of a civil nature where the amount in dispute does not exceed RM25,000.


The Syariah Court

The Syariah Court which came under the Sarawak Islamic Religious Department, was established as a separate department in 1991. Its objective is to hear and decide on civil cases involving divorce and matrimony, civil and property claims, guardianship of infants and, inheritance.

» Ordinances Implemented for Sarawak Syariah Court

Since 1991, six ordinances passed by State Assembly and two rules and regulations passed by Majlis Islam Sarawak have been enforced and implemented in the state. They are the Ordinan Mahkamah Syariah, 1991, Ordinan Undang-Undang Keluarga Islam, 1991, Ordinan Acara Mal, 1991, Kanun Acara Jenayah, 1991, Ordinan Keterangan Syariah, 1991, Ordinan Kesalahan Jenayah Syariah, 1991, Kaedah Peguam Syarie, 1992 and Kaedah-Kaedah Prosiding Suami Isteri, 1992.

According to Section 10 and 1, Ordinan Mahkamah Syariah, 1991, Syariah Court has jurisdiction in criminal matters, to hear and decide on any wrongdoings under Ordinan Majlis Islam (Pemerbadanan), Ordinan Kesalahan Jenayah Syariah, 1991, Ordinan Undang-Undang Keluarga Islam, 1991 or any written law which is under jurisdiction of Syariah Court.

On Civil claims, it hears and decides on any matters which all parties are Muslim such as engagement, marriage, divorce, fasakh, faraq, custody of the children, maintenance of wife and children, claims to property during marriage, inherence, waqaf and nazar, etc.


The Native Court

The Native Court administers the Native Courts System and enforces Native Customs (Adat). The Native Courts Rules (1993) provides valuable standard guidelines as to the mode of instituting proceedings and the manner in which cases should be dealt with.

Sarawak’s Native Courts headquarters is based at Sri Muhibah, Jalan Taman Budaya, Kuching. A Chief Registrar who is the Chief administrator of Native Courts supervises all Registrars, who are District Officers and Sarawak Administrative Officers in charge of sub-districts.

To date 58 Registrars have been appointed to receive claims, complaints, appeals, applications, payments of fees, fines, keep all court records of cases within their respective areas and submit the returns for proceedings. The Chief Registrar, Registrars and all the subordinate Court Officers is obliged to take special directions of the State Secretary.

» Activities/Roles of Native Courts in Sarawak

The implementation of the new Native Courts System involves the following activities or roles:
a. Administration of the Registries
b. Conducting courses and seminars for all Court Officials, Magistrates, Presiding Officers, Chiefs, Headmen and all key officials who administer the Courts
c. Speedy disposal of cases - civil and breaches of customs
d. Giving advice and consultation to persons who have to avail themselves in the Native Courts as an avenue to resolve disputes as well as to persons whose duty is to adjudicate disputes.
e. Compilation of returns of court proceedings.
f. To liaise with the State Attorney General on the interpretation of the Native Courts Ordinance 1992 and the Native Courts Rules 1993.
g. To liaise with the Majlis Adat Istiadat Sarawak on the Interpretation of the Native Customary Laws.
h. Translation for the Native Courts Ordinance 1992 and Native Courts Rules 1993 to native dialects.
i. Enforcement of all Court orders and judgments.


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