Sharia Law In Brunei: A Complex Reality

Brunei enforces Sharia law, or Islamic law, alongside common law. The country's foreign ministry has stated that the implementation of Sharia law is about prevention rather than punishment, with the aim to educate, deter, rehabilitate and nurture. Sharia law in Brunei applies to both Muslims and non-Muslims, and includes punishments such as stoning to death for adultery and gay sex, and amputation for theft. The decision to implement Sharia law sparked global condemnation, with critics arguing that it violates human rights and curtails the rights of minorities.

Sharia law in Brunei: education and deterrence

Brunei is a small, oil-rich nation of fewer than half a million people, with one of the highest rates of social media usage in the world. In 2013, the government of Brunei announced its intention to introduce Islamic criminal law at the national level, marking the beginning of a three-phase implementation of Sharia law. The move brought the country into the international spotlight, with some praising the peace and tranquility of Brunei and others criticising the laws as barbaric and backward.

Education

Sharia law is taught in Bruneian schools as part of the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy. MIB is a compulsory subject for students in both public and private schools, including at the university level. It is defined as:

> a system that encompasses strong Malay cultural influences, stressing the importance of Islam in daily life and governance, and respect for the monarchy as represented by His Majesty the Sultan.

In addition to MIB classes, Muslim children between the ages of seven and 15 are required to take a course on Islamic religious knowledge. This course is mandatory for children who have at least one parent who is a citizen or permanent resident of Brunei. Non-Muslim students are exempt from religious study requirements but are still required to take MIB classes.

Deterrence

The Bruneian government has stated that Sharia law is focused more on deterrence than punishment and that its implementation would provide room for addressing doubts or misconceptions. However, the international community has expressed concern over the harsh penalties outlined in the Sharia Penal Code (SPC), which include stoning, amputation, and whipping for crimes such as theft, adultery, and sodomy.

The SPC applies to both Muslims and non-Muslims, including foreigners, although non-Muslims are exempt from certain sections, such as requirements for men to join Friday prayers. The SPC also incorporates longstanding Sharia-based domestic laws that prohibit drinking alcohol, propagating religions other than Islam, and eating in public during the fasting hours of Ramadan.

The implementation of Sharia law in Brunei has been met with mixed reactions from both the international community and local Bruneians. While some view it as a necessary step to maintain peace and order, others worry about the impact on human rights and the LGBT community. There is also concern that the laws will paint a negative picture of Brunei and Islam on the world stage.

Sharia law punishments

Sharia law, or Islamic law, is derived from the Quran, hadith literature, and sunnah (accounts of the sayings and living habits attributed to the Islamic prophet Muhammad during his lifetime). It is used in some countries as a justification for retaining capital punishment. However, there are Islamic scholars who argue that Sharia law encourages alternatives to capital punishment and creates stringent conditions for its use.

Sharia law is implemented in Brunei, where it runs in parallel with a secular, common law-based penal code. The Sharia Penal Code (SPC) in Brunei applies to both Muslims and non-Muslims, including foreigners, although non-Muslims are exempt from certain sections. The SPC outlines corporal and capital punishments for crimes such as murder, theft, adultery, rape, sodomy, apostasy, blasphemy, and other acts deemed criminal under Sharia law. These punishments include fines, imprisonment, whipping, caning, amputation of hands or feet, or death (including by stoning). However, it is important to note that, apart from caning, no capital or corporal punishments have been enforced in Brunei since 1957, and there has been a de facto moratorium on the death penalty since 2019.

• Stoning: This is a form of capital punishment that involves throwing stones at a convicted person until death. It is prescribed for crimes such as adultery and has been mentioned in the Hadiths, a source of Sharia law. However, stoning has not been implemented for many years in most countries.
• Amputation: The amputation of limbs, usually hands or feet, is a punishment for theft under Sharia law. This is based on the idea of "an eye for an eye" and is intended to serve as a deterrent.
• Lashing or whipping: This type of punishment involves striking the convicted person with a whip or lash a certain number of times. It is often used for crimes that are considered to violate public morality, such as fornication or alcohol consumption.
• Fines: Monetary fines may be imposed for various crimes, such as theft or violating religious norms.
• Imprisonment: Sharia law also allows for imprisonment as a punishment for certain crimes.

It is important to note that the interpretation and application of Sharia law can vary across different countries and regions, and some Muslim-majority countries have not performed executions in several decades, even if death sentences are still given. Additionally, there are ongoing debates and efforts to abolish or reduce the use of capital punishment within the context of Sharia law.

Sharia law and LGBT rights

Sharia law, also known as Islamic law, is based on the teachings of the Prophet Muhammad as outlined in the Quran and hadith (the collections of the Prophet's sayings and actions). It governs the lives of Muslims, covering a wide range of civil and criminal matters, including LGBT rights. While the Quran and hadith have been interpreted in various ways throughout history, resulting in differing attitudes towards LGBT individuals within Muslim societies, it is clear that Sharia law has often been used to justify violence and discrimination against LGBT individuals.

In the Quran, the story of Sodom and Gomorrah is often cited as a condemnation of homosexuality. The Quranic narrative describes the "people of Lot" attempting to engage in homosexual acts and facing destruction as a consequence. This story has been interpreted by Islamic scholars and jurists as evidence of the immoral nature of homosexuality. Additionally, certain hadith attributed to the Prophet Muhammad prescribe harsh punishments, including death, for those who engage in homosexual acts. These sources form the basis for Sharia law's stance on LGBT rights.

In countries where Sharia law is implemented, such as Brunei, LGBT individuals face severe penalties for their sexual orientation and gender identity. For example, in Brunei, the Sharia Penal Code (SPC) criminalizes same-sex relations between men, prescribing death by stoning as punishment. This law reflects a broader pattern of criminalizing homosexuality in Muslim-majority countries, with several other nations, including Iran, Saudi Arabia, and Afghanistan, also imposing the death penalty for homosexual acts.

However, it is important to note that the application and interpretation of Sharia law vary across different countries and legal schools. While some Muslim-majority countries have enacted harsh anti-LGBT laws, others, like Turkey, Jordan, and Lebanon, have taken a more tolerant approach, either legalizing or decriminalizing homosexual acts. Additionally, within Muslim societies, there have been varying degrees of acceptance and tolerance of LGBT individuals throughout history.

In recent times, there has been a growing movement of LGBTQ-affirming Islamic organizations and congregations, particularly in Western countries and South Asian nations. These groups advocate for the inclusion and acceptance of LGBT individuals within the Muslim community, challenging traditional interpretations of Sharia law. They argue for a more progressive and inclusive understanding of Islam, promoting the idea that sexual orientation and gender identity are innate and should be respected.

While Sharia law has often been used to justify discrimination and violence against LGBT individuals, it is essential to recognize the diversity of interpretations and the existence of more progressive voices within the Muslim world. The struggle for LGBT rights within the context of Sharia law is complex and multifaceted, with varying levels of acceptance and tolerance across different countries and legal schools.

Sharia law and women's rights

Sharia law, or Islamic law, is a legal system derived from the Quran, Islam's holy book, as well as the Sunnah and Hadith—the deeds and sayings of the Prophet Muhammad. It acts as a code for living that all Muslims should adhere to, encompassing prayers, fasting, and donations to the poor. While it provides guidance on how to lead a moral life, it does not outline a specific set of laws.

In countries where Sharia law holds sway, its implementation can disproportionately impact women's rights and freedoms. Here is a closer look at how Sharia law intersects with women's rights in Brunei and other countries.

Brunei

Brunei has a dual legal system, with one based on Sharia (the Sharia Penal Code, or SPC) and the other on British common law. The SPC enforces punishments such as corporal and capital punishment, including stoning to death, amputation, and caning, for offenses such as apostasy and blasphemy. While these punishments are outlined, they have not been enforced since 1957, and a de facto moratorium on the death penalty remains in place. The SPC applies to both Muslims and non-Muslims, with non-Muslims exempted from certain sections, such as the requirement to attend Friday prayers.

The SPC also incorporates longstanding Sharia-based laws that prohibit drinking alcohol, propagating religions other than Islam, eating in public during Ramadan, cross-dressing, and close physical proximity between unmarried individuals of the opposite sex. It further criminalizes any act that "tends to tarnish the image of Islam" or "brings bad influence." While the law does not require women to wear head coverings in public, social customs encourage Muslim women to do so, and it is mandatory for official documents, government employment, and schools.

Other Countries

In Saudi Arabia, Iran, and Afghanistan, the implementation of Sharia law has been associated with strict restrictions on women's rights and freedoms. Women in these countries may face limitations on their education, employment, healthcare access, and fundamental human rights.

In Saudi Arabia, despite reforms such as lifting the driving ban for women, activists argue that these changes are superficial. Women still require male guardianship to marry, divorce, or have custody of their children, and their financial support from their husbands is contingent on their "obedience."

In Iran, a similar male guardianship system is in place, and the enforcement of dress codes, particularly the mandatory hijab, has been a contentious issue. Women who do not comply with the dress code face fines, arrest, or imprisonment, and those advocating for gender equality may face harsh persecution.

In Afghanistan, under the Taliban's rule, women have been barred from working outside the home, attending school, or working for NGOs. They are required to be accompanied by a male relative when outside their homes, severely restricting their participation in public life.

While Sharia law provides a moral and legal framework for Muslims worldwide, its interpretation and implementation vary across different countries and cultures. In some cases, it has been used to perpetuate inequality and restrict women's rights and freedoms. Efforts by women's rights activists, legal reforms, and increased awareness are crucial steps towards advancing positive change and promoting gender equality within the context of Sharia law.

Sharia law and freedom of expression

Sharia law in Brunei, as well as in other countries, has been criticised for its impact on freedom of expression. This is due to the fact that it forbids and punishes blasphemy, which is perceived as an insult to Islam. Blasphemy can be committed by both believers and non-believers and is punishable by death in some cases.

In Brunei, the Sharia Penal Code (SPC) is enforced, which states that offences such as apostasy and blasphemy are punishable by corporal and capital punishment, including stoning to death, amputation, caning, or whipping. The SPC applies to both Muslims and non-Muslims, including foreigners, although non-Muslims are exempt from certain sections, such as the requirement to attend Friday prayers.

The implementation of the SPC in Brunei has raised concerns among human rights groups and international organisations, including the United States government and Hollywood celebrities. There have been calls for a boycott of businesses associated with Brunei's ruler, Sultan Hassanal Bolkiah, and Oxford University revoked an honorary degree it had awarded to him.

While Brunei has a dual legal system based on Sharia law and British common law, the retention of penal laws targeting apostasy and blasphemy within the SPC is notable. This has led to restrictions on the freedom of expression, particularly for religious minorities, who face social pressure to conform to Islamic guidelines. Additionally, there are restrictions on importing and distributing non-Islamic religious texts, and non-Muslim religious minorities are banned from proselytising.

The impact of Sharia law on freedom of expression is a complex and controversial issue. While some interpretations of Sharia law emphasise the harsh punishments for blasphemy and apostasy, there are also Quranic verses that advocate for absolute freedom of religion and expression. Islamic jurists and scholars are divided on the scope of punishment for blasphemy and apostasy, with some arguing for a guaranteed right to freedom of religion and expression, while others support penal sanctions only when the Islamic state is challenged.

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