Brunei's Stoning Punishment: Understanding The Harsh Law

In 2019, the small island kingdom of Brunei introduced stoning to death as a punishment for homosexuality and adultery, sparking international outrage from human rights groups and celebrities. This move was part of the country's adoption of Shariah law, which was first announced in 2013 and gradually implemented over several years. The new penal code, which also includes amputation of hands and feet for thieves, makes Brunei the first country in Southeast Asia to have a Sharia penal code at the national level. While the government of Brunei defended its decision, citing its sovereignty and Islamic teachings, the international community, including foreign governments, human rights organizations, and celebrities, strongly condemned the move as a violation of human rights and called for boycotts and sanctions.

Stoning for gay sex

In 2019, the small island kingdom of Brunei introduced a series of strict Islamic laws, or Sharia law, that made anal sex and adultery punishable by stoning to death. This move sparked international condemnation from human rights groups, celebrities, and foreign governments.

The new measures, which came into force on April 3, 2019, caused shock and fear among the LGBT community in Brunei, as homosexuality was already illegal in the country and punishable by up to 10 years in prison. The new laws also included punishments such as amputation of hands and feet for thieves and 40 lashes for lesbian sex.

The stoning punishment for gay sex, or liwat (consensual intimacy between men), was met with outrage from the international community, including governments, the European Parliament, the UN, and other human rights organizations. Celebrities such as George Clooney, Richard Branson, and Ellen DeGeneres joined the chorus of condemnation, with Clooney and pop star Elton John calling for a boycott of luxury hotels owned by the Sultan of Brunei, such as The Dorchester in London and the Beverly Hills Hotel in Los Angeles.

Despite the international backlash, the Sultan of Brunei, Hassanal Bolkiah, showed no signs of backing down. In a public address, he called for "stronger" Islamic teachings in the country and stated that Brunei was "fair and happy." The Muslim-majority country issued a statement defending its decision, saying that it "enforces its own rule of law."

It is important to note that the likelihood of stoning being carried out is very low, as there must be four Muslim witnesses to the act for it to be prosecuted. However, the introduction of these laws has had a profound impact on the LGBT community in Brunei, with many living in fear and seeking asylum in other countries.

Stoning for adultery

In 2019, Brunei introduced stoning as a punishment for adultery, alongside other strict Islamic laws that criminalised anal sex and theft, which would be punished by amputation. These laws were introduced by the Sultan of Brunei, Hassanal Bolkiah, who called for stronger Islamic teachings in the country.

The new laws caused outrage among human rights groups and celebrities worldwide, with many calling for a boycott of luxury hotels owned by the Sultan, including The Dorchester in London and the Beverly Hills Hotel in Los Angeles. The United Nations labelled the laws "cruel and inhumane", and Amnesty International called on Brunei to "immediately halt its plans to implement these vicious punishments".

Despite the international condemnation, the Sultan showed no sign of backing down, insisting that Brunei "enforces its own rule of law". However, it is unclear whether the death by stoning punishment will actually be implemented, as there is a high burden of proof required, and Brunei has not executed anyone for decades.

In order to be convicted of adultery or anal sex, individuals must confess or there must be at least four witnesses present. This has led some to believe that the laws are more symbolic than practical, with one former expat suggesting that they are simply a way for Brunei to gain credibility as an Islamic country. Nonetheless, the laws have had a chilling effect on Brunei's small LGBTQ community, with many living in fear and some even seeking asylum in other countries.

International condemnation

Brunei's implementation of stoning as a punishment under anti-LGBTQ+ laws has sparked international condemnation from human rights groups, celebrities, and foreign governments. The United Nations has labelled the laws as "cruel, inhuman and degrading", constituting a serious setback for human rights protection.

Amnesty International has also spoken out against the laws, with Brunei researcher Rachel Chhoa-Howard stating that the laws are "deeply flawed" and violate human rights. Stephen Cockburn, Deputy Director of Global Issues at Amnesty International, has expressed concern over the unspeakably cruel punishments, urging the international community to condemn Brunei's decision.

Additionally, celebrities such as George Clooney, Ellen DeGeneres, and Elton John have called for a boycott of luxury hotels owned by Brunei, including the Dorchester in London and the Beverly Hills Hotel in Los Angeles.

Foreign governments, including Germany, France, and Australia, have also protested the plan, with Australian Foreign Minister Marise Payne stating their opposition to the death penalty and commitment to the rights of LGBTQ+ individuals.

Sharia law in Brunei

In 2014, Brunei introduced Sharia law, also known as the Sharia Penal Code (SPC), despite widespread international condemnation. The country has a dual legal system, with Sharia law running in parallel with a common law-based secular penal code. The SPC was fully implemented in 2019, and includes hudud punishments such as amputation of limbs for theft and stoning to death for adultery.

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 law states that offences such as apostasy, blasphemy, rape, adultery, sodomy, and robbery are punishable by death, although the death penalty has not been enforced since 1957. The law also states that theft is punishable by amputation of the right hand, and that lesbian sex carries a penalty of 40 strokes of the cane and/or a maximum of 10 years in jail.

The implementation of the SPC has been met with international criticism, particularly regarding the harsh punishments for the LGBT community and the curtailment of the rights of religious minorities. There have been calls for a boycott of hotels owned by the Sultan of Brunei, and for the country to reverse its implementation of the SPC. Despite this, the Sultan has shown no sign of backing down, and Brunei has stated that it will continue its de facto moratorium on the death penalty.

The impact on Brunei's LGBT community

Brunei's LGBT community has expressed shock and fear at the country's decision to implement stoning as a punishment for adultery and gay sex. The small underground community has been left reeling from the news, with many individuals now living in fear and some seeking asylum in other countries. The new law has shattered any sense of security that existed within the community, with people now afraid to use dating apps or even discuss their sexuality.

The LGBT community in Brunei is already facing discrimination, stigma, and legal risks in their daily lives. The new law, which prescribes death by stoning for gay sex and other acts, has only served to deepen the climate of fear. People are now afraid to meet others for dates or even chat online, worried that they could be talking to a government spy. This has left the community feeling isolated and vulnerable, with a pervasive sense of fear and a desire to leave the country. Several members of the community have already left, seeking asylum in nations like Canada.

The impact of the new law is also being felt beyond the LGBT community, with family members of those in the community also affected. For example, one individual shared the complicated situation of wanting to leave the country but feeling unable to do so due to the financial support they provide for their family. The law has created a climate of suspicion and fear, tearing apart families and communities.

The implementation of stoning as a punishment for gay sex and adultery is a direct attack on the human rights of the LGBT community in Brunei. It sends a clear message that their lives and relationships are not valued and that they are not safe in their own country. The law has been widely condemned by human rights groups and celebrities, with many calling for a boycott of Brunei-owned businesses and hotels. Despite this international outcry, the Sultan of Brunei has shown no sign of backing down, insisting that the country "enforces its own rule of law".

While it is unclear if the death by stoning punishment will ever be carried out, the mere existence of the law has had a devastating impact on the LGBT community in Brunei. It has created an environment of fear and suspicion, causing members of the community to go further underground or seek asylum elsewhere. The law has also had a chilling effect on free expression and individual freedoms, with people afraid to speak out or live openly. The LGBT community in Brunei is now facing an even more challenging and dangerous situation, fighting for their basic rights and safety.

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