Brunei's Conservatism: A Cultural And Historical Perspective

Brunei is a conservative country due to its absolute monarchy, where the Sultan of Brunei is both the head of state and head of government. The country gained independence from Britain in 1984, after which the Sultan proclaimed the concept of a Malay Muslim Monarchy, which is now the national philosophy. The country's laws are largely derived from religious law, with Islamic law, Malay culture, and monarchical rule forming the basis of the country's political, social, religious, and cultural framework. The Sultan has pushed for stricter observance of Islamic precepts, and the country has a long history of trading relations with both the West and the East. Brunei's society and governance are heavily influenced by conservative religious values, which shape various aspects of life, including education, family, and community.

Brunei's absolute monarchy

Brunei is one of the few remaining absolute monarchies in the world, and the only one in Asia. The Sultan of Brunei is the absolute monarch and is the head of state and head of government. He 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 complete executive power, unconstrained by politicians or parliament. His word is law. Since independence in 1984, the Sultan has pushed Brunei towards an ever-stricter observance of Islamic precepts. The country has been ruled under a state of emergency since 1962, which gives the Sultan wide legislative powers and tightly restricts freedom of assembly and expression. The media cannot report freely, and critics of the government can be prosecuted under laws such as the sweeping Sedition Law.

The absolute monarchy in Brunei has been described as a "Malay Islamic Monarchy", or Melayu Islam Beraja (MIB) in Malay. This state ideology encapsulates norms of Malay culture, Islamic religion, and the political framework under the monarchy. The MIB is instilled in Bruneians as the national philosophy and is described by the government 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 implementation of harsh Islamic punishments, such as death by stoning for gay sex and adultery, has been seen as a bid by the Sultan to boost support among conservatives and highlight a steady drift away from the West. Analysts believe that the Sultan is seeking to burnish his Islamic credentials among conservative supporters at a time when the economy is weakening due to declining oil prices and crude reserves. The shift towards more conservative Islamic values has also been interpreted as a way to ensure the continued support of the Islamic establishment and head off potential Islamic opposition that might question the monarchy's legitimacy.

Influence of Islam

Islam is the official religion of Brunei, with 82.1% of the population identifying as Muslim, according to the 2021 government census. The country's constitution states that the official religion is the Shafi'i school of Sunni Islam, and that all other religions may be practised "in peace and harmony". The Sultan is the head of the official religion and is advised by the Islamic Religious Council on all matters relating to Islam.

The influence of Islam in Brunei can be traced back to as early as the 10th century, when a Chinese Muslim diplomat and trader, P'u-lu-shieh, arrived in the country in 977. A delegation from Brunei, led by another Muslim, P'u A-li (Abu Ali), then visited China, indicating that Islam was practised in the country's royal court, even if the monarch was not Muslim. Islamic tombstones from the 13th century further demonstrate the prevalence of Islam in Brunei long before its first Islamic monarch, Sultan Muhammad Shah, who converted to Islam in the late 14th century.

The arrival of Arab immigrant Sheikh Syarif Ali, a descendant of Prophet Muhammad, in the 15th century, had a significant impact on the spread of Islam in Brunei. He promoted Islam in Java and constructed a mosque in Brunei, giving Friday lectures. Islam was also spread throughout Borneo and into the southern Philippines by other sultans. By the 16th century, Brunei had solidified Islam, and Islamic components were incorporated into its legislation.

Following a period of decline due to incursions, British intervention in the 19th century contributed to the stabilisation and preservation of Islam in Brunei. As a British protectorate, Brunei accepted military defence from the British in 1888, and a British Residency system implemented in 1906 increased British influence over the Sultan. This strategy unintentionally served to strengthen the Sultan's position as the protector of Islam, which had been undermined by colonialism.

A set of Sharia laws, the Mohammedan Enactments, were created in 1912-1913 to govern civil matters pertaining to marriage, family, and inheritance. The discovery of the Seria oil field in 1929 brought new wealth to Brunei, which was used to sponsor the building of mosques, finance religious study, and promote Islamic practice.

After Brunei gained independence in 1984, the Sultan committed significant resources to the country's Islamic development, constructing ornate mosques and steering the country toward a stricter interpretation of Islam through the state-run media and educational system. The Sultan also established the Sultan Haji Hassanal Bolkiah Foundation in 1992 to support secular and religious studies.

In recent years, the implementation of harsh Sharia laws, including death by stoning for gay sex and adultery, has sparked global outcry and concerns about a drift away from the West. Analysts believe that the Sultan is seeking to boost his Islamic credentials among conservative supporters and shift investment towards China, which typically refrains from criticising trading partners on human rights.

The influence of Islam is evident in various aspects of daily life in Brunei. For example, Muslim Bruneians are required by law to attend mosques on Fridays, and the country enforces strict customs controls on the import of non-Islamic religious texts. Additionally, all organisations, including religious groups, must register and provide the names of their members to the government. The propagation of non-Islamic religions to Muslims or persons of no faith is prohibited, and there are restrictions on the ability of non-Muslims to proselytise. Social pressure to conform to Islamic guidelines regarding behaviour is also prevalent, and non-Muslims may be arrested for zina (fornication or adultery) or khalwat (close physical proximity between unmarried individuals of opposite sexes) if the other accused party is Muslim.

Sharia law

Brunei's implementation of Sharia law, or the Sharia Penal Code (SPC), has been a source of controversy and international outcry. The SPC includes harsh punishments such as stoning to death, amputation of limbs, and whipping for offences such as adultery, sodomy, theft, and blasphemy. These punishments are based on the country's official religion, the Shafi'i school of Sunni Islam. While Brunei has a dual legal system with British common law, the introduction of the SPC has been seen as a bid by the absolute monarch, Sultan Hassanal Bolkiah, to boost his Islamic credentials and gain support from conservatives.

The SPC has been criticised, particularly by Western countries, for being cruel and inhumane, and restrictive of the rights of minorities and the LGBT community. For example, it includes provisions that prohibit "indecent behaviour", such as pregnancies out of wedlock, and any act that "tends to tarnish the image of Islam". It also bans most non-Sunni forms of Islam and practices deemed "deviant" by the state.

The SPC applies to both Muslims and non-Muslims, including foreigners, although non-Muslims are exempt from certain sections, such as requirements for men to join Friday prayers. The law has different standards of proof for sentencing, with some offences requiring a confession or the testimony of multiple pious Muslim male eyewitnesses. While the most severe punishments, such as stoning to death, have not been carried out, the SPC has restricted the freedom of religion and expression in Brunei.

The introduction of the SPC in Brunei has had a significant impact on the lives of its citizens and the country's relationship with the West. It has led to a shift in investment towards China, which refrains from criticising trading partners on human rights. The SPC has also caused divisions within Bruneian society, with some citizens expressing worry about the impact on the LGBT community and rising homophobia, while others feel proud that the law solidifies the country's Islamic identity.

Suppression of freedom of expression

Brunei has been described as a "silent nation", with the country's media unable to report freely. The country has been ruled under a state of emergency since 1962, which restricts freedom of assembly and expression. The Sedition Act criminalises criticism of the Sultan or the royal family, and the media is heavily censored. The country's only television station is state-run, and the main English-language newspaper, the Borneo Bulletin, is controlled by the Sultan's family.

Journalists in Brunei have expressed concern about the lack of freedom they have to do their jobs, with self-censorship being commonplace. They live in fear of "overstepping the invisible line" that defines what they can say. This fear is instilled in Bruneians from an early age, with children being told not to ask "wrong" questions about religion or the royal family. As a result, Bruneians have been conditioned to not question the authority of the government, and self-censorship is widespread.

The CIVICUS Monitor downgraded the state of civic space in Brunei to 'repressed' in 2019, and there has been no documented progress on improving fundamental freedoms since. Brunei's absolute monarchy, in which the Sultan exercises executive power, has made no effort to address recommendations by the UN Human Rights Council to guarantee the rights to freedom of expression and association. The Sedition Act, which can be used against government critics, has not been amended or repealed.

Reporters Without Borders ranked Brunei 154th out of 180 countries in its press freedom index, and the country is rated 'Not Free' by Freedom House, with a Global Freedom score of 28 out of 100. Authorities monitor online speech, and academic freedom is also restricted, with institutions requiring approval from authorities to host visiting scholars, public lectures, and conferences.

Suppression of LGBTQ+ rights

Brunei has been described as "the country that has the most worrisome state of rights for LGBT people in Southeast Asia" by OutRight Action International. Both male and female expressions of homosexuality are illegal in Brunei. Sexual activity between men is punishable by death, with de facto lesser penalties of imprisonment and whipping. Sex between women is punishable by caning or imprisonment.

In 2019, Brunei implemented the Syariah Penal Code Order (SPCO), which prescribes death by stoning for adultery and sodomy. The implementation of these laws sparked widespread international condemnation, with the United Nations urging Brunei to review its laws, describing them as "medieval" and "uncivilized". In response to the backlash, the Brunei government extended its moratorium on the death penalty to encompass the SPCO, meaning that the death penalty by stoning provisions are not enacted for as long as the moratorium continues. However, the moratorium could be lifted at any time by the absolute monarch, Sultan Hassanal Bolkiah, with minimal process and no warning.

Under the SPCO, the penalty for same-sex sexual relations between married men is death by stoning, provided they admit to the acts or four male adult Muslim eyewitnesses testify. If the evidentiary standards are not met, the maximum penalty is seven years' imprisonment and thirty lashes. For unmarried men, the penalty is one year in prison or one hundred lashes. Sexual relations between women are punishable by a combination of any two of the following: forty lashes of the cane, a maximum prison term of ten years, and a fine of up to 40,000 Brunei dollars.

The LGBT community in Brunei is very hidden and secret, and members face societal discrimination, intimidation by police, and government monitoring of their activities and communications. They are advised by international human rights activists to remain discreet, as anyone convicted of "tarnishing the image of Islam" may be heavily punished.

The implementation of harsh Islamic laws has been attributed to the Sultan's bid to boost support among conservatives and highlight a steady drift away from the West. It is also seen as a way to strengthen the government's hold on power in the face of a declining economy and to attract more investment and tourists from the Muslim world.

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