ISLAMIC SCIENCE UNIVERSITY OF

M A L A Y S I A
Faculty of Syariah and Law

LBA 1043
Malaysian
Legal Special Court
System II
Court of Rulers
© Muhammad
Nizam
Awang @ Ali
 • Definition of ‘Ruler’?
• What is ‘Ruler’s sovereignty’?
• Who can sue ‘Ruler’?
• Who are the members of the
Discussion Court of Ruler?
• What is the court jurisdiction?
Points
• How the court the conduct the
trial?
• What is the status of the court
decision?

• Legislation: Federal Constitution

 Who is a ‘Ruler’?
Art.160
• Negeri Sembilan – Yang Di-Pertuan Besar
acting on behalf of himself and the
Rulings Chief is in accordance with the
State Constitution
c) In any other state - person who
according to the State Constitution
exercises the function of the Ruler
Case: Dato Menteri Othman bin Baginda &
Anor v. Dato Ombi Syed Alwi Syed Idrus [1981]
MLJ 29
- Ruling Chiefs of Negri Sembilan fall under the
definition of ‘Ruler’
What is ‘Ruler’s sovereignty’?
Art. 181(1):
Sovereignty,
prerogatives, powers and
jurisdiction of the Rulers
and Ruling Chiefs of Negeri
Sembilan shall remain
affected within their
respective territories
 Who can Sue Ruler?
• Pre-1993 - Absolute immunity
– Ruler enjoyed unlimited/absolute
immunity
– Case:
– Mighell v. Sultan of Johore
[1894] QB 147
 Who can Sue Ruler? (2)
• Post-1993 - Conditional
sovereignty
– Action can be sought against Ruler
in his personal capacity (in Court of
Rulers)
 Cases in Discussion
- DYTM Tengku Idris Shah ibni Sultan
Salahuddin Abdul Aziz Shah v DIKIM
Holdings Sdn Bhd & Anor [2003] 1 CLJ
801
- Regent exercising the function of the
Ruler was not a ‘Ruler’ according to Art
181(2), the 3rd and 5th Schedules.
Thus, he could be sued in the ordinary
courts
- The court adopted purposive
approach- by looking back at the
purpose of the establishment of the
Court of Rulers
 Cases in Discussion (2)
– Karpal Singh v. Sultan of Selangor
[1988] 1 MLJ 64
– Mobil Oil Malaysia Sdn Bhd v.
Official Administrator, Malaysia
[1988] 1 MLJ 518
Who are the Court Members?
Art. 182(1) – Sittings of the Court:
b) Chief Justice of the Federal Court
(Chairman)
c) Chief Judges of the HCs; and
d) 2 judges who hold or have held of
the Federal Court; or
e) 1 judge of the HC appointed by the
Conference of Rulers
 What is the Court Jurisdiction?
• Art. 182(2) – Proceeding brought
only in Ruler’s personal capacity
• Art 182(3) –
– Criminal Cases: shall have exclusive
jurisdiction to try all offences
committed in the Federation by the
YDPA or Ruler of the State
– Civil Cases: By or against the YDPA or
Ruler of the State notwithstanding
where the cause of action arose
 Cases in Discussion
- DYTM Tengku Idris Shah ibni Sultan
Salahuddin Abdul Aziz Shah v DIKIM
Holdings Sdn Bhd & Anor [2003] 1 CLJ
801
• Faridah Begum bte Abdullah v Sultan
Haji Ahmad Shah [1996] 1 MLJ 617
- Art 181(2) is ‘of special and
exceptional kind’, therefore non-
Malaysian citizen cannot sue a Ruler.
Unless there is clear principle of
reciprocity between Commonwealth
nations
 How the court
conduct the trial?
- Art 182(5)
The similar procedure in the inferior
courts, HCs and Fed. Court) shall
similarly be applicable in the Special
court (unless the Parliament make
special provision on that)

- Art. 183- Proceeding shall be instituted with

the personal consent of the Attorney
General
– Case in discussion: Faridah Begum bte
Abdullah v Sultan Haji Ahmad Shah [1996] 1
MLJ 617
 How the court
conduct the trial? (2)
• Art 182(4) – Court of Rulers has
similar jurisdiction and power as
vested in the inferior courts, HC and
the Federal Court (coordinate
jurisdiction)

• Case in discussion: Faridah

Begum bte Abdullah v Sultan Haji
Ahmad Shah [1996] 1 MLJ 617
 What is the status of
the court decision?
Art 182(6) – Decision court
• By majority opinion of the court
members
• Shall be final and conclusive
• shall not be challenged in any court n
any ground
 Next
Lesson Special Courts

Court for Children

Legislation: Child Act
2001
 NEXT LESSON:
• Court Martial

• Native Courts in Sabah