Brunei's New Sharia Penal Code: Understanding The Changes

Brunei, officially Brunei Darussalam, is a small, oil-rich nation in Southeast Asia. In 2019, the country introduced strict new Islamic laws that made anal sex and adultery punishable by stoning to death. The new measures also cover a range of other crimes, including amputation for theft. These laws have sparked international condemnation, with celebrities such as George Clooney and Ellen DeGeneres calling for a boycott of luxury hotels owned by the country's ruling royals. Brunei has retained the death penalty but has not carried out an execution since 1957. The new laws apply mostly to Muslims, who make up about two-thirds of the country's population, though some aspects also apply to non-Muslims. While the laws have been widely criticised, some see their introduction as largely performative, and it is thought unlikely that the punishments will be enforced.

Sharia law

In 2014, Brunei first introduced Sharia law, despite widespread condemnation, giving the country a dual legal system. The Sultan of Brunei, who is also the prime minister and among the wealthiest people in the world, said at the time that the new penal code would be implemented in phases over several years. The first phase, covering crimes punishable by prison sentences and fines, was implemented in 2014. The final two phases, which cover crimes punishable by amputation and stoning, were delayed.

In 2019, the small, oil-rich nation sparked international outcry when it implemented strict new Sharia laws that made anal sex and adultery offences punishable by stoning to death. The new measures also included punishment for theft by amputation. These laws mostly apply to Muslims, who make up about two-thirds of the country's population, though some aspects apply to non-Muslims as well.

Under the new laws, individuals accused of certain acts will be convicted if they confess or if there were witnesses present. Offences such as rape, adultery, sodomy, robbery, and insult or defamation of the Prophet Muhammad carry the maximum penalty of death. Lesbian sex carries a different penalty of 40 strokes of the cane and/or a maximum of 10 years in jail. The punishment for theft is amputation.

While Brunei has been criticised for these laws, with some calling for the country to be suspended from the Commonwealth, the likelihood of these harsh punishments being enforced is very low, according to people inside the country. One explanation for the introduction of these laws is that it is a way for the government to strengthen its hold on power in the face of a declining economy. Another theory is that it is an attempt to attract more investment and tourists from the Muslim world.

LGBT+ rights

Brunei's LGBT+ community has been subjected to strict Islamic laws that infringe on their rights and freedoms. Homosexuality was already illegal in Brunei, but new measures introduced in 2019 include punishments of stoning to death and amputation for offences such as anal sex, adultery, theft, and insult or defamation of the Prophet Muhammad. Lesbian sex carries a penalty of 40 strokes of the cane and/or a maximum of 10 years in jail. These laws apply mostly to Muslims, who make up about two-thirds of the country's population, but some aspects also affect non-Muslims.

The implementation of these laws has sparked international condemnation and outrage, with celebrities such as George Clooney, Ellen DeGeneres, and Elton John calling for a boycott of luxury hotels owned by the Brunei Investment Agency. The UK government has also faced calls to suspend Brunei from the Commonwealth due to these abuses of LGBT+ rights.

Despite the severity of the punishments, some believe their introduction is largely performative, as Brunei has not carried out an execution since 1957. There are also doubts about the likelihood of the laws being enforced, due to the high burden of proof required, including four Muslim witnesses to the act of anal sex or adultery for it to be prosecuted.

Members of the LGBT+ community in Brunei have expressed fear and shock at the "medieval punishments", with one gay man stating that people are "afraid" and that it is now rare for anyone to use dating apps, as they are concerned about inadvertently speaking to a police officer. The LGBT+ community in Brunei faces additional challenges due to the lack of freedom of speech and assembly, as well as government surveillance. They have also reported familial pressure towards heterosexual marriage and childbearing, as well as societal discrimination in employment, housing, and obtaining public services, including education.

The government of Brunei does not support the human rights of LGBT+ individuals and has implemented policies that restrict their freedoms and infringe on their human dignity. These laws have been introduced despite Brunei having signed and ratified the Commonwealth Charter, which includes a commitment to respect and protect the human rights of all individuals, regardless of sexual orientation.

Death penalty

In 2019, Brunei introduced strict new Islamic laws that made anal sex and adultery punishable by stoning to death. The laws also covered a range of other crimes, including theft, which was punishable by amputation.

These laws sparked international condemnation, with celebrities such as George Clooney and Ellen DeGeneres calling for a boycott of luxury hotels owned by the Sultan of Brunei. The UK government also faced calls to suspend Brunei from the Commonwealth.

The death penalty has been a part of Brunei's legal system since 1957, although the country has not carried out an execution since then. The new laws introduced in 2019, which are based on a strict interpretation of Sharia or Islamic law, include the death penalty for various offences, such as:

• Rape
• Adultery
• Sodomy
• Robbery
• Insulting or defaming the Prophet Muhammad

The laws mostly apply to Muslims, who make up about two-thirds of the country's population, although some aspects also apply to non-Muslims. Individuals accused of certain acts will be convicted if they confess or if there were multiple Muslim witnesses present.

In addition to the death penalty, the laws also include other harsh punishments such as caning and amputation. For example, lesbian sex carries a penalty of up to 40 strokes of the cane and/or a maximum of 10 years in jail. The punishment for theft is amputation.

The introduction of these laws has been met with shock and fear by Brunei's gay community, with some expressing concern that it could lead to increased discrimination and persecution. There are also concerns that the laws could be used to target religious minorities and those with dissenting political views.

Freedom of expression

Brunei, officially Brunei Darussalam, is a constitutional absolute monarchy ruled by Sultan Hassanal Bolkiah, who has been in power since 1967. The country's legal system is a fusion of English common law and Islamic jurisprudence, including Sharia law. While Brunei's 1959 constitution provides for freedom of speech for members of the Legislative Council, it also prohibits language or behaviour deemed "irresponsible, derogatory, scandalous, or injurious".

In practice, the government heavily restricts freedom of expression, particularly when it comes to criticism of the royal family, the government, or Islam. The country's emergency powers, in place since 1962, allow the Sultan to govern with few limitations on his authority, and the Legislative Council has only a consultative role.

Media Censorship

The government owns the country's only local television station and heavily regulates media content. The law allows the government to close a newspaper without notice and requires local newspapers to obtain operating licenses and prior approval for hiring foreign staff. Foreign publications must obtain a government permit to be distributed, and the government can bar their distribution at its discretion. The government also monitors and censors online content, particularly that which is deemed to be propagating religious extremism, subversive views, or content that is immoral or against the public interest.

Academic Freedom

While there are no official restrictions on academic freedom, government authorities must approve public lectures, academic conferences, and visiting scholars. The Sultan serves as chancellor of all major universities. Academics have reported practicing self-censorship and the government has restricted cultural events.

Freedom of Assembly

The government's emergency powers also restrict the right to assembly, requiring permits for public gatherings of 10 or more people and allowing police to disband unofficial assemblies of five or more people. Civil society leaders have reported challenges in advancing social causes due to the country's censored and insular society.

LGBTQI+ Community

The LGBTQI+ community in Brunei faces significant restrictions on their freedom of expression, with the government monitoring their activities and communications and refusing to issue permits for community events. They also experience familial pressure toward heterosexual marriage and childbearing, as well as societal discrimination in employment, housing, recreation, and obtaining public services, including education.

International Reaction

The introduction of strict Islamic laws in Brunei has sparked international condemnation, with celebrities such as George Clooney, Ellen DeGeneres, and Elton John calling for boycotts of luxury hotels owned by the Sultan. The UK government has also faced calls to suspend Brunei from the Commonwealth due to the introduction of these laws.

Human rights

Brunei, officially Brunei Darussalam, is a country in Southeast Asia, situated on the northern coast of the island of Borneo. It is a constitutional absolute monarchy ruled by Sultan Hassanal Bolkiah, who has led the country since 1967.

In 2019, Brunei introduced strict new Islamic laws that sparked international condemnation. The laws, which came into effect in April 2019, make anal sex and adultery offences punishable by stoning to death, and introduce punishments of amputation or death for offences including adultery, sodomy, robbery, and rape. The laws also stipulate that lesbian sex carries a penalty of 40 strokes of the cane and/or a maximum of 10 years in jail, and that individuals who "persuade, tell or encourage" Muslim children under 18 to accept religions other than Islam are liable to a fine or jail.

These laws have been criticised by human rights organisations, including Amnesty International, who described Brunei's penal code as a "deeply flawed piece of legislation containing a range of provisions that violate human rights". The United Nations also expressed "deep concern", calling the legislation "cruel, inhuman and degrading" and marking a "serious setback" for human rights protection.

The laws have been described as particularly harmful to the LGBTQI+ community, who have reported experiencing familial pressure towards heterosexual marriage and childbearing, as well as societal discrimination in employment, housing, recreation, and obtaining public services, including education. Members of the LGBTQI+ community in Brunei have also reported that the government monitors their activities and communications, and that the government does not issue permits for community events on LGBTQI+-related topics.

The laws have also been criticised for restricting freedom of expression and media, including censorship. The government has been reported to restrict access to the internet and censor online content, and has the capability to monitor private online communications. The government also owns the only local television station, and has been known to close newspapers without notice or cause.

In addition, the laws have been criticised for restricting freedom of assembly and association. Public gatherings of 10 or more people require a government permit, and police can disband unofficial assemblies of five or more people deemed likely to cause a disturbance. Civil society leaders have reported challenges in advancing social causes in the country's censored and insular society.

The laws also restrict freedom of religion, with the government interpreting the Sharia Penal Code to prohibit the public celebration of religions other than Islam, including publicly displaying Christmas decorations.

Brunei's adoption of these hardline Islamic laws has been described as a shift away from the West and towards China, with some suggesting that the laws were introduced to gain credibility as an Islamic country and to appeal to Muslim tourists and investors.

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