Hijab In Brunei: Compulsory For Non-Muslims?

Brunei is a small country in Southeast Asia with a population of around 420,000 people. The official religion is Sunni Islam, and the country operates a dual legal system, with one secular and one Sharia law. While the constitution guarantees freedom of religion, the government has placed restrictions on the practice of non-Islamic beliefs. In the past, non-Muslim women who visited the country asked if they were required to wear a hijab. The answer is no, but there are still some important things to know about the country's dress code and cultural expectations.

Non-Muslims are not required to wear a hijab in Brunei

While the official religion in Brunei is the Shafi'i school of Sunni Islam, the constitution guarantees freedom of religion for individuals, stating that "all other religions may be practised in peace and harmony by the persons professing them". This means that non-Muslims are free to practise their own religions and are not obliged to follow Islamic practices such as wearing a hijab.

That being said, there have been reports of non-Muslim women feeling pressured by government officials or colleagues to wear Muslim attire, including a headscarf, when working in public schools. Additionally, at citizenship ceremonies, non-Muslims must wear national dress, which includes a Muslim head covering for both men and women.

It is important to note that the interpretation and application of religious laws in Brunei can be complex and may change over time. While currently, non-Muslims are not required to wear a hijab, it is always advisable to stay informed about the latest regulations and respect local customs and traditions when visiting or living in Brunei.

Overall, while non-Muslims are not legally required to wear a hijab in Brunei, they may still experience social pressure to conform to Islamic guidelines, including wearing modest clothing that covers the head and body. It is recommended to be respectful of the local culture and dress conservatively when in Brunei.

Non-Muslims working for the government or attending official functions must wear a hijab

In Brunei, non-Muslims working for the government or attending official functions must wear a hijab. This is a mandatory requirement for women of all religions, including Christians. While there is no legal requirement for women to wear head coverings in public, social pressure and customs encourage Muslim women to wear the tudong, a traditional headscarf, and many do so.

The hijab requirement for non-Muslim government workers and attendees of official functions is part of the country's implementation of Sharia law. In 2014, the Sultan of Brunei announced a controversial new law based on Islamic criminal punishments, which has been criticised by human rights groups. While Brunei has practised Islamic laws to regulate civil affairs, the new law extends to cover criminal offences. The country now enforces the Sharia Penal Code (SPC), which applies to both Muslims and non-Muslims, with some exemptions for non-Muslims.

The SPC includes provisions for corporal and capital punishment for various offences, including adultery, theft, rape, and blasphemy. While these punishments have not been enforced since 1957, the law has blurred the lines between the secular and religious legal systems. The government has also placed restrictions on the practice of non-Islamic beliefs, specifically targeting "deviant" groups like Jehovah's Witnesses and the Baháʼí Faith.

Non-Muslims in Brunei face social pressure to conform to Islamic guidelines. While the country's constitution guarantees freedom of religion, allowing all faiths to be practised "in peace and harmony", the reality is more complex. Non-Muslims are often coerced into following Islamic guidelines and face restrictions on their ability to proselytise. Additionally, non-Muslims must be careful to respect Islamic customs and laws when visiting mosques or during Ramadan.

It's important to note that Brunei's laws and social expectations primarily apply to citizens and residents of the country. For tourists or foreign visitors, the requirements are more relaxed. Non-Muslim women travelling to Brunei are not required to wear a hijab or veil, and they can generally dress as they would in other Southeast Asian countries. However, it is important to dress modestly and respect local customs and religious sites.

Sharia law in Brunei applies to both Muslims and non-Muslims

Brunei's Sharia law, or the Syariah Penal Code (SPC), applies to both Muslims and non-Muslims, including foreigners. However, non-Muslims are exempt from certain sections of the law. For example, men are not required to join Friday prayers or pay zakat (obligatory annual almsgiving).

The SPC, which came into force in 2019, is applied in parallel with the country's secular penal code. It includes provisions for corporal and capital punishment for various offences, including murder, theft, adultery, rape, and sodomy. While the death penalty has not been enforced since 1957, the Sultan of Brunei announced a de facto moratorium on it in 2019, which remains in place.

The SPC also incorporates longstanding Sharia-based domestic laws that prohibit drinking alcohol, propagating religions other than Islam, eating in public during Ramadan, cross-dressing, and close physical proximity between unmarried persons of the opposite sex. It also prohibits "indecent behaviour", including pregnancies out of wedlock.

The implementation of the SPC has had an impact on non-Muslims in Brunei. For example, non-Muslims can be punished for wearing indecent clothing that 'disgraces Islam'. Additionally, non-Muslims who work for the government or attend official functions are required to wear a hijab (head covering). The sale and importation of non-Islamic religious texts, such as Bibles, are also restricted.

While the SPC applies to both Muslims and non-Muslims, there are some offences that specifically target non-Muslims. For instance, non-Muslims can be arrested for zina (fornication or adultery) or khalwat (close physical proximity) if the other accused party is Muslim.

Brunei's constitution states that all religions may be practised in peace and harmony

The Constitution of Brunei states that the official religion of the country is the Shafi'i school of Sunni Islam. However, it also guarantees freedom of religion for individuals, stating that "all other religions may be practised in peace and harmony by the persons professing them". This means that, in principle, non-Muslims in Brunei are free to practise their own religions and are not required to wear a hijab.

In practice, however, the situation is more complex. While there is no legal requirement for women to wear head coverings in public, there is social pressure for women to do so. This pressure comes from both the government, which encourages Muslim women to wear the tudong (a traditional head covering), and from society, where women who choose not to cover their heads may face disapproval or ostracism.

Additionally, the Brunei government has placed certain restrictions on the practice of non-Islamic beliefs, particularly on groups it considers "deviant", such as Jehovah's Witnesses and adherents of the Baháʼí Faith. The government also prohibits proselytising of non-Islamic faiths and bans the importation of religious teaching materials, such as the Bible.

The interpretation and enforcement of these laws can be unclear, and there have been reports of non-Muslims being pressured to follow Islamic guidelines and dress codes, especially during official functions and in schools. For example, at citizenship ceremonies, non-Muslims must wear national dress, which includes a Muslim head covering for both men and women. In government schools, female students, regardless of their religion, are required to wear a uniform that includes a head covering. There have also been reports of non-Muslim women teachers in public schools being pressured by officials or colleagues to wear Muslim attire.

Furthermore, the implementation of Sharia law in Brunei has blurred the lines between the secular and religious legal systems. While Sharia law is supposed to apply only to Bruneian Muslims, there are concerns that it may increasingly affect non-Muslims as well. For example, under Sharia law, it is illegal to eat or drink in public during Ramadan, and this restriction applies to both Muslims and non-Muslims. There are also reports of non-Muslims being turned away from visiting mosques, which were once designated as visiting days for everyone.

In conclusion, while the Brunei Constitution guarantees freedom of religion and allows all faiths to be practised in peace and harmony, the reality is that non-Muslims may still face social pressure to conform to Islamic guidelines and, in some cases, legal restrictions on their religious practices. The situation is further complicated by the ongoing implementation of Sharia law and the government's efforts to promote adherence to Islamic values and traditions among its citizens.

There is social pressure for women to wear head coverings in public

Brunei is a Unitary Islamic absolute monarchy, with the official religion being the Shafi'i school of Sunni Islam. While the constitution guarantees freedom of religion for individuals, stating that "all other religions may be practised in peace and harmony by the persons professing them", there is no denying that the country heavily leans towards an Islamic way of life. This is reflected in the social pressure for women to wear head coverings in public.

The Syariah Penal Code Order 2013 has blurred the lines between the secular and Sharia law in the country, and interpretation can be unclear. While there is no legal requirement for women to wear head coverings in public, there is indeed social pressure for them to do so. This pressure comes from religious authorities who reinforce social customs to encourage Muslim women to wear a head covering, known locally as a tudong. When applying for passports, driver's licenses, and national identity cards, Muslim women are required to wear a tudong. This sets a standard and influences the perception of appropriate public attire for women.

Additionally, Muslim women employed by the government are expected to wear a tudong to work, although it is not mandatory. In government schools and institutions of higher learning, Muslim female students are required to wear a uniform that includes a head covering. This normalises the practice of wearing head coverings from a young age and reinforces the idea that it is a social expectation. Women who are incarcerated, including non-Muslims, are also required to wear a uniform that includes a tudong, further emphasising the expectation of modesty in public.

The government's official national philosophy, Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, is taught in schools and universities. This philosophy promotes the importance of Islam in daily life and governance and influences the social norms and expectations within the country. The government actively promotes adherence to Islamic values and traditions among its Muslim residents, and Islamic authorities organise various activities to propagate Islam and offer incentives for conversion. This creates an environment where non-Muslims may feel pressured to conform to Islamic guidelines, including the wearing of head coverings.

While non-Muslims are not required by law to wear head coverings, the social pressure is evident. This pressure comes from both official sources, such as religious authorities and government policies, as well as from societal expectations and the dominant Islamic religious ethos. As a result, women who choose not to wear head coverings in public may stand out or face scrutiny, which can deter them from exercising their freedom of choice in attire.

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