Law of Malaysia

Module 3

Federalism, the states and legal pluralism: the federal and state lists, Sabah and Sarawak and the Malaysia Agreement, Islamic law and the Syariah courts, native customary law and the boundaries between the courts

Malaysia is a federation of thirteen states and three Federal Territories, and the division of legislative power between the Federation and the states is one of the most important parts of its law. Land, Islamic law, local government and Malay custom belong to the states, while criminal law, civil and criminal procedure, citizenship, commerce and internal security belong to Parliament. Sabah and Sarawak joined in 1963 on special terms: they control their own land law, their own immigration and, in many matters, their own native law and custom. And the legal order has three kinds of court, the civil courts, the Syariah courts for Muslims and the native courts in Sabah and Sarawak, whose boundaries are set by the Constitution and have often been tested before the Federal Court. For a foreigner, this module answers a practical question: which law, which state and which court?

General education on the law of Malaysia, using invented people and businesses. It states laws and procedures in simplified form and is not legal advice. The law and its practice change, and every case turns on its facts, the state and the authority concerned. It does not offer legal representation or a legal opinion on any case. Consult a Malaysian advocate and solicitor for any real matter.

This course was written on 5 November 2026. To the best of our knowledge, it describes the law of Malaysia as it stood on that date. Laws change, and we may have missed or misunderstood something. If you notice a change, or have other information, please do not hesitate to contact us: we will review it and update the course. We do not claim to be the final source of the law.