Brunei's Governance: A Comprehensive Overview

Brunei is a constitutional absolute monarchy ruled by the Sultan, who is both the head of state and the head of government. The country has been ruled by the same family for over six centuries. The Sultan's role is enshrined in the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, which combines Islamic law, Malay culture, and monarchical rule. Brunei has a legislative council with 36 appointed members, but the Sultan holds absolute executive authority, including the power to appoint legislative council members and supreme court judges. The country has been under a state of emergency since 1962, which grants the Sultan even more legislative powers and means that Brunei has technically been under martial law since then.

Brunei is an absolute monarchy ruled by the Sultan, who is both head of state and government

Brunei is an absolute monarchy, also known as a sultanate, ruled by the Sultan, who is both head of state and government. The country has been ruled by the same family for over six centuries. The Sultan holds absolute executive authority and appoints the legislative council members and supreme court. The sultan and prime minister are hereditary roles.

The Sultan's role is enshrined in the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy, which combines Islamic law, Malay culture, and monarchical rule. Brunei is the only ruling monarchy in Southeast Asia and is one of seven monarchic dictatorships in the world.

The Sultan of Brunei is the King, Prime Minister, Minister of Defence, Minister of Finance, and Minister of Foreign Affairs and Trade. He is also the official 'guardian and protector' of Islam and tradition in Brunei. The Sultan has ruled under a State of Emergency since 1962, which is renewed every two years, meaning that Brunei has technically been under martial law since then.

Brunei gained independence from British rule in 1984 and became a constitutional monarchy. However, the Sultan retains absolute power, and the country has not held national elections since 1962. The Sultan appoints the members of the Legislative Council, which has no political authority and serves only in a consultative role.

The Sultan has absolute executive authority and appoints the legislative council members and supreme court judges

The government of Brunei is a union government created by the 1959 Constitution of Brunei, which outlines the nation's absolute monarchy framework. The Sultan of Brunei is both the head of state and the head of government (Prime Minister of Brunei). The Sultan holds absolute executive authority and appoints the legislative council members and supreme court judges.

The Sultan's role is enshrined in the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy. This philosophy combines Islamic law, Malay culture, and monarchical rule. As the ruler of Islam, the Sultan does not wield all authority alone. The country has been under a state of emergency since 1962, which is renewed every two years, and during this time, the Sultan retains absolute authority.

The Legislative Council, established by Sultan Omar Ali Saifuddien III in accordance with the 1959 Constitution, has 34 members who are appointed by the Sultan. The Legislative Council advises the Sultan, creates laws, oversees budgets, and voices objections to actions taken by the executive branch. However, it has no independent authority and must formally approve the state budget.

The Supreme Court is the highest court of the land, and it deals with non-Islamic law matters. The Shariah Court of Appeal, on the other hand, handles Islamic law matters and has no term limits for its judges. The Sultan appoints the judges for both the Supreme Court and the Shariah Court of Appeal. Supreme Court judges can serve until the age of 65.

Brunei's legal system is based on English common law, with a parallel Sharia law system for Muslims

Brunei's legal system is a complex blend of English common law and Islamic Sharia law, reflecting the country's historical ties to Britain and its religious foundations. As a former British protectorate, Brunei adopted the English common law system, which forms the basis of its legal framework. However, the country also recognises a parallel Sharia law system for its Muslim population, which takes precedence over common law in specific areas.

English common law, rooted in the Middle Ages, is a system of law based on judicial decisions and precedents. It evolved from local customs and the rulings of judges, rather than relying solely on legislation enacted by parliament. Over time, it has spread beyond England, influencing the legal systems of former colonies and commonwealth nations, including Brunei. Common law stands in contrast to civil law, which is prevalent in continental Europe and is characterised by a more purposive interpretation of legislation.

Sharia law, on the other hand, is derived from Islamic religious texts, primarily the Quran, as well as the Sunnah and Hadith, which record the deeds and sayings of the Prophet Muhammad. It serves as a comprehensive code of conduct for Muslims, encompassing not only criminal law but also daily practices such as prayers, fasting, and donations to the poor. Sharia law is interpreted by religious scholars, and its application can vary depending on local culture and customs.

In Brunei, the Sharia law system operates alongside the common law system, specifically for the country's Muslim population. Sharia law supersedes common law in areas such as family and property law, and it also governs Islamic law matters addressed by the Sharia Court of Appeal. Notably, in 2014, Brunei became the first Southeast Asian country to adopt a strict Sharia criminal law framework, which applies to both Muslims and non-Muslims.

The coexistence of these two legal systems reflects Brunei's unique cultural and religious context, as well as its historical connections to Britain. The Sultan of Brunei, as the absolute monarch, possesses wide legislative powers and has the authority to appoint members of the Legislative Council and the Supreme Court, the highest court in the land.

The country has been under a state of emergency since 1962, allowing the Sultan to retain absolute authority

Brunei has been under a state of emergency since 1962, allowing the Sultan to retain absolute authority. This state of emergency has been renewed every two years, and it has given the Sultan, who is both the head of state and head of government, broad powers to govern with few limitations on his authority. The Sultan's role is enshrined in the national philosophy of "Melayu Islam Beraja" (MIB), or Malay Islamic Monarchy.

The country's politics take place within an absolute monarchy framework, with the Sultan of Brunei serving as both head of state and head of government. Brunei is the only ruling monarchy in Southeast Asia and is one of seven monarchic dictatorships in the world as of 2023.

The Sultan's authority was established in the 1959 Brunei Constitution, which was created when the country was a British protected state. The Sultan holds absolute power for administrative purposes and is the ruler of Islam in Brunei. While the Sultan does not wield all authority alone, the state of emergency has allowed him to retain absolute authority since 1962.

The state of emergency was declared in response to a small armed rebellion against the monarchy in 1962, which was indirectly related to the Indonesia-Malaysia confrontation and led to the ban of the pro-independent Brunei People's Party. This revolt also influenced the Sultan's decision to keep Brunei out of the Malaysian Federation. With the help of British troops, the rebellion was suppressed.

The state of emergency has had significant implications for Brunei's political landscape. Since 1962, the country has not conducted direct parliamentary elections, and the lack of national elections limits legitimate political involvement. While village-level councils are elected, the government screens the candidates, and social movements offer restricted channels for contesting unpopular policies.

The Sultan's authority extends to various aspects of governance. He appoints the legislative council members, supreme court judges, and sharia court of appeal judges. The legislative council, which has a consultative role, is composed of appointed, indirectly elected, and ex officio members. The Sultan also serves as the prime minister, finance minister, and defence minister, further solidifying his grip on power.

The state of emergency in Brunei has enabled the Sultan to retain and exert absolute authority, shaping the country's political landscape and limiting avenues for democratic participation.

Brunei's politics are guided by the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy

Brunei is an absolute monarchy, with the Sultan of Brunei serving as both the head of state and the head of government. The country gained independence from British rule in 1984 and has since operated as a constitutional monarchy guided by the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy.

MIB combines Islamic law, Malay culture, and monarchical rule, and was officially proclaimed as the national philosophy of Brunei on the day of its independence on 1 January 1984 by Sultan Hassanal Bolkiah. The concept of MIB is deeply rooted in the country's history and values, with archaeological sources suggesting that it dates back more than 600 years. The sultan, as the ruler of Islam in Brunei, reminded citizens to practice and implement the teachings of Islam, which is the official and state religion.

MIB is described as:

> "...a blend of Malay language, culture, and Malay customs, the teaching of Islamic laws and values, and the monarchy system which must be esteemed and practiced by all."

The "Melayu" in MIB refers to Brunei as a Malay nation that upholds traditional values and culture. The seven indigenous tribes included in the 1959 Brunei Constitution—Brunei Malay, Kedayan, Belait Malay, Tutong Malay, Bisaya, Dusun, and Murut—are referred to as Brunei Malay. The Malay language is used in all official proceedings and communication and is a symbol of interethnic cooperation.

Islam, the dominant religion in Brunei, is the guiding principle of the administration of the Brunei Sultanate. The sultan is in charge of the royal institution and serves as the head of state, with his authority outlined in the 1959 Brunei Constitution. As part of the MIB philosophy, which is based on the Al-Quran and hadith, the sultan encouraged Bruneians to adopt stricter adherence to traditional Islamic principles.

MIB serves as the foundation for the country's administrative policy, with His Majesty stating:

> "The policy in this country is MIB, thus all programmes and actions must be formed on the basis of MIB. Strong and perfect policy can hasten development, as well as creating harmony in society."

MIB has helped shape Brunei's identity as a Malay Islamic country governed by a monarchy and has contributed to the country's independence, protection from globalisation, and advancement in political relations and its economy. It is viewed as a gift from Allah and a source of solidarity and harmony for the people of Brunei.

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