Brunei: A Country With A Muslim-Majority Population

Brunei is a Southeast Asian country with a Muslim majority and Islam as its official religion. The Sunni Shafi'i school of Islam is practised by 82.7% of the population, who are mostly Malay, Arab, and Indian. The Sultan, who is the head of state and government, is also the head of the official religion. While the constitution allows for the practice of other religions, restrictions and social pressures exist for both Muslims and non-Muslims. Brunei's laws and policies reflect a strong influence of Islam, with the country facing international criticism in recent years for its attempts to tighten and expand Sharia criminal law.

Islam is the official religion of Brunei, with 82.7% of the population identifying as Muslim

The introduction of Islam to Brunei is believed to date back to the 10th century when P'u-lu-shieh, a Chinese Muslim diplomat and trader, arrived in 977. Brunei's conversion to Islam is attributed to Awang Alak Betatar, later known as Sultan Muhammad Shah, in the late 14th century. Over time, Islam became firmly established in Brunei, and by the 16th century, the country had built one of its largest mosques.

Today, Islam plays a pivotal role in the country's political landscape and the absolute monarch, Sultan Hassanal Bolkiah, derives his authority and legitimacy from Islam. The Sultan is recognised as the head of state, head of government, and head of the official religion of Islam. While Brunei's constitution allows for the freedom of religion, with other faiths being practised alongside Islam, the country has faced criticism for its implementation of Sharia law and the Syariah Penal Code, which impose strict regulations and harsh punishments.

The Syariah Penal Code

The country is a Malay Islamic Monarchy, with the Sultan as the Head of State and Head of Religion

Brunei is a Malay Islamic Monarchy with the Sultan as the Head of State and Head of Religion. This means that the country's political system is governed by the constitution and the national tradition of the Malay Islamic Monarchy (MIB). The three components of MIB cover Malay culture, Islamic religion, and the political framework under the monarchy.

The Sultan, currently Hassanal Bolkiah, is the Head of State with full executive authority. He also serves as the state's prime minister, finance minister, and defence minister. The Sultan's authority includes emergency powers, which are renewed every two years, meaning that Brunei has technically been under martial law since the 1962 Brunei Revolt.

The Sultan is also the Head of the official religion of the country, Islam, specifically the Sunni denomination and the Shafi'i school of Islamic jurisprudence. The official name of the country, Negara Brunei Darussalam, translates to "Nation of Brunei, the Abode of Peace". The country's constitution states that "the Muslim religion according to the Shafi'i sect of that religion" is the official religion of Brunei, and that the Sultan is the head of "the official religion". The constitution also states that all other religions may be practised "in peace and harmony".

The Islamisation of law is rarely criticised within Brunei, unlike in neighbouring Malaysia. This is due to three unique elements resulting in an arguable lack of internal discourse: the monopoly on the official discourse of Islam, which results in a monolithic understanding of Islam, and the general lack of a critical civil society.

The criminalisation of diverting from the officially sanctioned interpretation of Islam makes it difficult to express political or religious dissent in Brunei. In addition, the country has been in a constant state of emergency since 1962, and ranks low in terms of press freedom.

Brunei has a dual legal system, with Sharia law applying to both Muslims and non-Muslims

Brunei has a dual legal system, with one set of laws based on secular common law and the other on Sharia law. Sharia law is based on the Shafi'i school of Sunni Islam, which is the official religion of Brunei. 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", the Sharia Penal Code (SPC) applies to both Muslims and non-Muslims, including foreigners, with non-Muslims being exempt from certain sections.

The SPC, enforced by the Ministry of Religious Affairs (MORA), outlines corporal and capital punishments for offences such as apostasy, blasphemy, theft, adultery, rape, sodomy, and murder. While stoning to death, amputation of hands or feet, and caning are listed as punishments, only caning has been used since 1957. 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.

The SPC is enforced alongside the secular penal code, with an "assessment committee" of secular and Sharia law officials determining which court system will try a case when an offence is covered by both codes. The Sharia courts, which follow the Shafi'i school of Islamic jurisprudence, have jurisdiction over criminal law and civil/family matters involving Muslims. The civil courts, on the other hand, are based on common law.

While Sharia law generally applies only to Muslims in some countries, most articles of the SPC in Brunei apply to both Muslims and non-Muslims. For example, non-Muslims can be punished for living together, cohabiting, or being in close proximity to another person of the opposite sex in private. Additionally, anyone who consumes food, drink, or tobacco in public before sundown during Ramadan faces imprisonment and a fine, regardless of their religion.

The dual legal system in Brunei has raised concerns among human rights organisations and other countries. The harsh punishments outlined in the SPC, such as stoning and whipping to death, have been criticised as violations of fundamental human rights and international law. There are also concerns about the lack of independence of the judiciary, as both secular and Sharia courts fall under the Prime Minister's Office, and the Sultan appoints all higher-court judges.

The Syariah Penal Code Order 2013 (SPCO 2013) criminalises blasphemy and apostasy, with punishments including fines, imprisonment, whipping, amputation and death

Brunei is an independent Islamic sultanate on the northern coast of the island of Borneo in Southeast Asia. It is predominantly Sunni Muslim, with the official religion being the Shafi'i school of Sunni Islam. In 2021, there were 362,035 Sunni Muslims in Brunei, making up 82.7% of the population.

The Syariah Penal Code Order 2013 (SPCO 2013) was implemented to enforce stricter adherence to Islamic law in the country. Offences under the SPCO include blasphemy and apostasy, with punishments including fines, imprisonment, whipping, amputation, and death.

The SPCO 2013

The SPCO 2013 was introduced in phases, with the first phase implemented in 2014 and the second in 2019. The code includes a range of punishments for various offences, with the severity of the punishment depending on the type and specifics of the offence. While the SPCO retains the death penalty, there is currently a moratorium on its implementation.

Blasphemy and Apostasy

Blasphemy is considered an insult to God, Prophet Mohammad, or other revered figures in Islam. It can be committed by both believers and non-believers. Apostasy, on the other hand, refers to when a Muslim renounces or rejects Islam through their words or actions. It is considered a serious offence in Islam, often resulting in severe penalties.

Punishments

The SPCO outlines corporal and capital punishments for various offences, including blasphemy and apostasy. These punishments include fines, imprisonment, whipping, amputation of hands or feet, or death (including by stoning). The SPCO also includes provisions for specific offences, such as:

• Insulting or deriding Islamic scriptures
• Declaring oneself as God
• Failing to join Friday prayers (for men)
• Propagating religions other than Islam
• Cross-dressing
• Close physical proximity between unmarried individuals of the opposite sex

Application of the SPCO

The SPCO applies to both Muslims and non-Muslims, including foreigners, residing in or visiting Brunei. However, non-Muslims are exempt from certain sections of the code, such as requirements for men to join Friday prayers. The SPCO is enforced by the Royal Brunei Police Force and the Religious Enforcement Division under the Ministry of Religious Affairs.

The country has a history of Islamic rule, with the first Muslim ruler, Awang Alak Betatar, reigning around AD 1400

Brunei has a long history of Islamic rule, with the country's first Muslim ruler, Awang Alak Betatar, reigning around AD 1400. Born Awangku Alak Betatar, he converted to Islam in the 14th century and took the name Sultan Muhammad Shah. He ruled as Raja Awang Alak Betatar until the early 1360s and established a new village in Negeri Garang in the current Temburong District. He then moved to Brunei on the waters around Kota Batu, as the new location was more suitable as an administrative centre.

Awang Alak Betatar was the first monarch of Brunei, crowned despite not being the firstborn prince. He was charming and attractive, and his half-brother was Awangku Semaun. They were two of 14 siblings, born to Dewa Emas Kayangan and a Murut woman from Limbang.

Awang Alak Betatar's conversion of the Malay Hindu-Buddhist monarchy of Brunei to Islam transformed the country's religious landscape. However, due to the strong Hindu-Buddhist influence, Islam had not yet thoroughly permeated Bruneian society in the immediate wake of his conversion.

Awang Alak Betatar's name was recorded in Ming historical records as Mo-ha-mo-sha, and he died in 1402. He was allegedly succeeded by Sultan Abdul Majid Hassan.

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