Us And Brunei: Laws And Their Applicability

The laws of Brunei and the USA are distinct and do not apply to each other. However, the two nations have had diplomatic relations since 1984, and the USA has an embassy in Brunei.

Brunei is an absolute monarchy, with the Sultan of Brunei as the head of state and government. The country's legal system is based on British common law, with a parallel Sharia law system for Muslims. The Sharia Penal Code, which applies to both Muslims and non-Muslims, includes harsh penalties such as amputation and death by stoning for certain offences.

On the other hand, the USA is a federal republic with a democratic system of government. While the specific laws and regulations differ between the two countries, it is important to note that US citizens travelling to or residing in Brunei are subject to local laws and penalties. Understanding and respecting the local customs and traditions of Brunei is crucial to avoid legal repercussions.

The USA and Brunei's differing views on freedom of speech and freedom of religion

The USA and Brunei have differing views on freedom of speech and freedom of religion. The USA is a democracy that upholds freedom of speech and religion as constitutional rights, while Brunei is an absolute monarchy that imposes significant restrictions on these freedoms.

Freedom of Speech

In the USA, freedom of speech is a foundational principle enshrined in the First Amendment to the US Constitution, which states that "Congress shall make no law [...] abridging the freedom of speech, or of the press." However, in recent years, this freedom has been eroded by political polarization, group interests, and the spread of false information. The New York Times and Siena College poll found that 66% of participants believe Americans do not enjoy free speech. The media and social media platforms have been criticized for spreading disinformation and contributing to the decline of free speech.

In contrast, Brunei's absolute monarchy imposes stringent restrictions on freedom of speech. The Sultan wields broad powers, and the country has been under a state of emergency since 1962, allowing the Sultan to pass any legislation deemed necessary. Online speech is monitored by authorities, and there are laws in place prohibiting "false and malicious" reporting, with penalties including fines and imprisonment for journalists.

Freedom of Religion

The USA guarantees freedom of religion as a constitutional right, with the First Amendment stating that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This principle, known as the "wall of separation" between church and state, has been a source of controversy and has evolved over time. While the government is prohibited from establishing an official religion, it has accommodated religious practices and made efforts to protect the religious freedom of its citizens.

Brunei, on the other hand, has a very different approach to freedom of religion. While its constitution guarantees freedom of religion, in practice, there are significant restrictions, especially for non-Muslims. The official religion is the Shafi'i school of Sunni Islam, and the Sultan is the 'guardian and protector' of Islam and tradition. The government actively promotes adherence to Islamic values and traditions among its Muslim residents.

Non-Islamic religious practices face restrictions, and proselytizing of non-Islamic faiths is prohibited. The government has banned several religious groups it considers "deviant," and there are incentives for converts to Islam, such as financial assistance and housing. The interpretation and application of Sharia law, which includes corporal and capital punishment for apostasy and blasphemy, further blur the lines between the secular and religious legal systems.

In summary, the USA and Brunei have fundamentally different approaches to freedom of speech and religion, with the USA prioritizing constitutional protections and Brunei imposing restrictions under its absolute monarchy.

The USA and Brunei's differing views on the death penalty

The USA and Brunei have differing views on the application of the death penalty. While the USA permits the death penalty in 27 states, the federal government, and American Samoa, Brunei has taken a more hard-line approach, applying the death penalty to both Muslims and non-Muslims.

In Brunei, the death penalty is applied for crimes such as rape, adultery, sodomy, robbery, and insulting the Prophet Muhammad. In contrast, the USA reserves the death penalty for the most serious crimes, such as aggravated murder.

The USA's history with the death penalty is a complex one. It was abolished in 1972 but reinstated in 1976, and since then, public opinion has shifted. In 2023, only 5 states carried out executions, and 7 states imposed new death sentences, as more Americans questioned the fairness of its application.

Brunei's death penalty laws sparked international outrage and condemnation from the UN, celebrities, and human rights groups. The laws were deemed to contravene international human rights standards, and the country eventually backtracked, announcing it would extend a moratorium on capital punishment.

The USA has also seen a shift towards abolishing the death penalty, with 23 states and Washington D.C. having abolished it. However, the USA still retains the death penalty in many states, and it remains a contentious issue, with some states passing laws that could challenge the restriction of its application.

The differing views on the death penalty between the USA and Brunei highlight the global debate surrounding capital punishment, with Brunei's initial hard-line stance facing significant international backlash, and the USA's continued application of the death penalty in many states despite growing domestic opposition.

The USA and Brunei's differing views on dual citizenship

The USA and Brunei have differing views on dual citizenship. The United States permits dual citizenship by default. The US government does not require naturalized citizens to give up their citizenship in their country of origin. While the Oath of Allegiance to the United States mentions renouncing "allegiance and fidelity" to other nations, US immigration law does not explicitly address dual citizenship. The US Supreme Court has summarised the government's position as follows: "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both."

On the other hand, Brunei does not recognise dual citizenship. Any citizen who obtains foreign citizenship loses their Bruneian citizenship. The only exception to this is children born abroad to Bruneian parents who obtain the citizenship of their country of birth. These children may retain dual citizenship until the age of majority (18), at which point they must choose one citizenship to keep.

The USA and Brunei's differing views on the rights of the LGBTQI+ community

The USA and Brunei have differing views on the rights of the LGBTQI+ community, with Brunei's laws and societal attitudes presenting significant challenges to the safety and freedom of LGBTQI+ individuals in the country. In contrast, the USA has made strides towards greater acceptance and protection of LGBTQI+ rights, although there are still areas of contention and room for improvement.

Brunei's Perspective

In Brunei, a small Southeast Asian nation ruled by an absolute monarch, homosexuality has been outlawed since 1906 when the country became a British Protectorate. The criminalization of same-sex relations was maintained after Brunei gained independence in 1984. The implementation of Sharia law in 2014 further exacerbated the situation, with provisions of the Syariah Penal Code Order (SPCO) prescribing death by stoning and corporal punishments for adultery and sodomy. While a moratorium on the death penalty was put in place in 2019, same-sex sexual activity between men remains illegal and punishable by imprisonment and whipping, while sex between women is punishable by caning or imprisonment.

The LGBTQI+ community in Brunei faces widespread discrimination and pressure to remain discreet about their sexual orientation. They report intimidation by police, threats to their employment and education, and restrictions on their freedom of assembly and expression. The community is largely hidden, and Bruneian society tends to associate homosexuality with "effeminate men". The government does not allow individuals to change their name or gender on official documents, and sex reassignment surgery is prohibited.

USA's Perspective

The USA, on the other hand, has generally moved towards greater acceptance and protection of LGBTQI+ rights, although there are still areas of contention and room for improvement. In 2023, over three-quarters of Americans supported policies protecting LGBTQI+ individuals from discrimination in housing, employment, and public accommodation. A majority of Americans also opposed allowing businesses to refuse service to LGBTQI+ individuals based on religious beliefs. Additionally, two-thirds of Americans supported same-sex marriage rights, an increase from previous years.

However, there are still pockets of opposition and discrimination towards the LGBTQI+ community in the USA. For example, in 2023, support for LGBTQI+ nondiscrimination laws among Republicans dropped by seven percentage points from the previous year. Additionally, certain states, particularly in the South, have lower proportions of residents who identify as LGBTQI+ and lower levels of support for LGBTQI+ rights. Furthermore, there have been efforts by some conservative groups in the USA, such as "Project 2025", to roll back protections for the LGBTQI+ community and restrict their rights.

In conclusion, while both the USA and Brunei have areas where they can improve their support for the LGBTQI+ community, the two countries differ significantly in their overall approach to LGBTQI+ rights. Brunei's laws and societal attitudes present significant challenges to the freedom and safety of LGBTQI+ individuals, while the USA has made progress towards greater acceptance and protection, although pockets of opposition and discrimination persist.

The USA and Brunei's differing views on the consumption of alcohol

Alcohol laws in the USA and Brunei are worlds apart. In the USA, Gallup, Inc. reported that 60% of adults drank alcoholic beverages in 2021, with the average number of drinks consumed in the previous seven days being 3.6. In Brunei, alcohol is forbidden. You cannot buy it anywhere in the country, and you cannot drink it in public. However, non-Muslims are allowed to bring a small amount of alcohol into the country for personal consumption in their accommodation.

The USA has a long history of alcohol consumption, and it continues to be a significant part of the country's culture. While there have been periods of prohibition, such as the National Alcohol Prohibition in the 1920s and 1930s, alcohol has generally been legal and widely available. Today, alcoholic beverages are readily available in stores, bars, and restaurants across the country. The legal drinking age in the USA is 21, and it is illegal to drink alcohol in public spaces such as parks or on the street. However, there are some cities that have designated public spaces where drinking is allowed.

On the other hand, Brunei has a very different approach to alcohol. As a strict Muslim state, the sale and consumption of alcohol are highly restricted. Alcohol is not available for purchase anywhere in the country, and there are strict laws against drinking in public. These laws are enforced by the Royal Brunei Police Force and the Internal Security Department, who work under the Ministry of Home Affairs. While non-Muslims are allowed to bring a limited amount of alcohol into the country for personal consumption, it must be stored and consumed in their accommodation, and even then, it is not always easy to get alcohol into the country.

The differing views on alcohol consumption between the USA and Brunei can be largely attributed to cultural and religious differences. In the USA, alcohol is often seen as a social lubricant and an integral part of many social gatherings and celebrations. Additionally, the country has a strong craft beer and wine industry, with many consumers interested in trying new and exciting options. In contrast, Brunei's population is predominantly Muslim, and Islam prohibits the consumption of alcohol. As such, the country has strict laws against the sale and consumption of alcohol, which are enforced by the religious enforcement officers from the Ministry of Religious Affairs.

While the USA and Brunei have differing views on alcohol consumption, it is important to note that both countries have taken steps to address the negative consequences of alcohol abuse. In the USA, there is a growing trend towards low and non-alcoholic beverages, with consumers increasingly considering the health benefits of their drink choices. Additionally, the legal drinking age and laws against public intoxication are in place to help prevent alcohol abuse. In Brunei, the strict laws against the sale and consumption of alcohol are also aimed at reducing alcohol-related harm and ensuring that the country's Islamic values are respected.

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