Brunei's Strict Laws: A Tourist's Guide To The Country

Brunei is a small, wealthy, and safe country with a low crime rate. However, it has a formidable set of laws and customs, operating under Sharia law, with harsh punishments for various offences. The country has gained global attention for its strict Islamic laws and punishments, such as stoning to death for adultery and sodomy. The sultan, who has complete executive power, has pushed for an ever-stricter observance of Islamic precepts since independence. While violent crime is rare, visitors should be cautious as petty crimes such as theft do occur. Additionally, the country has severe penalties for criminal activity, including corporal punishment and the death penalty for certain offences.

Sharia law is imposed on visitors

The sale and consumption of alcohol, for example, are banned in Brunei under Sharia law. However, non-Muslims over the age of 17 are allowed a duty-free alcohol allowance when entering the country, and can consume alcohol in private settings such as hotel rooms. It is important to note that drinking in public or being intoxicated in public is illegal.

Another example is the country's "close proximity" law, which forbids men and women who are not blood relatives or married from being alone together. This law primarily applies to Bruneian Muslims, but it is important for visitors to be aware of this restriction, as punishments can be harsh, especially when authorities suspect adultery.

Additionally, during the month of Ramadan, it is illegal for anyone to eat, drink, or smoke in public. While non-Muslim tourists are not prohibited from these activities, they should avoid doing so in public to avoid causing offence to Muslim residents.

It is also important to dress and behave conservatively when visiting Brunei, in adherence to the country's social norms. For example, when visiting a mosque, women should cover their heads and not expose their knees or arms, and it is customary for all visitors to remove their shoes.

Finally, it is worth noting that Sharia law in Brunei includes harsh punishments for certain crimes, such as stoning to death for adultery, amputation for theft, and caning for visa violations. These punishments apply to both Muslims and non-Muslims, including foreigners.

Harsh punishments for criminal activity

Brunei has a reputation for strict laws and harsh punishments for criminal activity. The country operates under Sharia law, with deeply held reverence for religion. The legal system is based partly on Sharia Law, which also applies to visitors in some circumstances.

Corporal punishment

Corporal punishment is used for many serious crimes, such as murder, kidnapping, and drug offences. Robbery and visa offences are generally punished by caning. The country also has the death penalty for a range of violent and non-violent crimes, including murder, terrorism, treason, homosexual activity, adultery, sodomy, rape, apostasy, blasphemy, and insulting Islam. The legal methods of execution are hanging and stoning.

Stoning

In 2019, Brunei introduced harsh new laws as part of its Islamic Penal Code, which included stoning as a punishment for sex between men and adultery, as well as amputation of limbs for theft. These laws were widely condemned by human rights groups and celebrities as "cruel" and "barbaric". Despite the international backlash, it is unclear what the real status of these laws is today and how they will affect non-citizens.

Other laws

Other laws in Brunei include the prohibition of alcohol, with the sale of alcohol banned, and restrictions on drinking in public. It is also illegal for men and women who are not married or related to be alone together, and unmarried couples are not allowed to share a hotel room. Eating, drinking, and smoking in public during Ramadan are also prohibited and can result in a fine or prison sentence. Possession and distribution of pornography are illegal, and there are strict laws against defamation of the royal family.

Restrictions on alcohol and tobacco

Brunei's strict Sharia law bans the sale of alcohol in the country. However, non-Muslims above the age of 17 can bring in a limited amount of alcohol, i.e., two litres of liquor or 12 cans of beer, into the country every 48 hours. They must fill in a customs form at the airport and keep it with them at all times in case of an inspection. Tourists can drink alcohol in hotel rooms or private residences but are not allowed to be intoxicated in public. Some cheaper restaurants may serve alcohol illegally using euphemisms like 'special tea'.

During the holy month of Ramadan, it is illegal for anyone to consume food, drink, or smoke in public during fasting hours. This law applies to both Muslims and non-Muslims. Non-Muslim tourists who violate this law can face a fine of up to B$4,000 ($2,932 USD) or a one-year prison sentence.

Smoking is prohibited in certain public places, including shopping and eating areas, bus stops and stations, car parks, and near buildings. It is also banned in specific places, including government buildings, hospitals, recreational and educational centres, and public transport.

LGBT+ people face discrimination and danger

Brunei's LGBT+ community faces some of the most challenging circumstances in the world. The country's laws, which are based on Sharia law and Islamic principles, impose harsh penalties for same-sex sexual activity and the expression of gender identity.

Same-sex sexual activity has been illegal in Brunei since 1906, when the country became a British Protectorate. The current law, the Syariah Penal Code Order (SPCO), imposes a maximum penalty of death by stoning for married men, with unmarried men facing one year in prison or 100 lashes. Sexual relations between women are punishable by a combination of any two penalties: a caning of 40 lashes, a maximum prison term of 10 years, and a fine of up to B$40,000. While there is limited evidence of these laws being enforced in recent years, LGBT+ people in Brunei still face regular discrimination, harassment, and threats.

The LGBT+ community in Brunei is forced to remain hidden and secret due to the illegality of their sexual orientation. They face societal discrimination in public, employment, housing, recreation, and education. The government has also been accused of monitoring their activities and communications, and restricting their assembly and expression. LGBT+ individuals have reported intimidation by police, including threats to expose their sexuality and hamper their career prospects.

The situation for the LGBT+ community in Brunei is dire, with international human rights activists advising them to remain discreet. The country's laws and social norms pose significant challenges to their safety and well-being, forcing many to consider leaving the country.

Criticism of the Sultan is illegal

The Sultan of Brunei, Hassanal Bolkiah, is one of the few remaining absolute monarchs in the world. He has been the Sultan of Brunei since 1967 and the prime minister since the country gained independence from the United Kingdom in 1984.

Criticising the Sultan is illegal in Brunei. The technical term for defamation of the royal family as a crime is lèse-majesté, and this is illegal in Brunei. This means that saying or sharing anything unfavourable about the Sultan or Prince is a crime.

The punishment for most criminal activity is fairly extreme in Brunei, and the country operates under Sharia law, with strict rules in line with its deeply held reverence for religion. Corporal punishment and a mandatory death penalty apply to many serious crimes, and robbery and visa offences are generally punished by caning.

The Royal family retains a venerated status in Brunei, and it is an offence to insult, make fun of, or denigrate them.

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