Sharia Law In Brunei: Foreigners And Its Applications

Sharia law in Brunei has sparked controversy and raised concerns about human rights violations, particularly regarding women and the LGBTQ+ community. The country's Sharia Penal Code, which came into effect in 2019, includes harsh punishments such as stoning, whipping, and amputation for offences like adultery, abortion, and same-sex relations. These laws apply to both Muslims and non-Muslims, including foreigners. While Brunei has faced criticism and calls for boycotts from the international community, there has been little vocal opposition within the country, where public criticism of the Sultan's policies is rare.

Sharia Law in Brunei: Does it apply to foreigners?

Sharia Law, or the Sharia Penal Code (SPC), has been implemented in Brunei since 2014, with the final elements coming into force in 2019. The SPC applies to both Muslims and non-Muslims, including foreigners, although non-Muslims are exempt from certain sections.

The Sharia Penal Code is a set of laws based on Islamic jurisprudence, which impose harsh punishments for various offences, including theft, adultery, and same-sex relations. The SPC was introduced in Brunei to bolster the influence of Islam in the oil-rich monarchy, where around two-thirds of the population is Muslim.

The SPC applies to foreigners in Brunei, even if they are not Muslim. Under the SPC, foreigners can be punished for zina (fornication or adultery) or khalwat (close physical proximity between two unmarried individuals of opposite sexes). Additionally, anyone who consumes food, drink, or tobacco in public during the Islamic holy month of Ramadan faces imprisonment and a fine.

International Reaction

The implementation of the SPC in Brunei has sparked widespread criticism and outcry from human rights groups, celebrities, and foreign governments. There have been calls for boycotts of luxury hotels belonging to Brunei's leader, Sultan Hassanal Bolkiah. The United States, United Kingdom, Germany, and France have all urged Brunei to halt its plans to implement the SPC.

The Sharia Penal Code in Brunei applies to both Muslims and non-Muslims, including foreigners, and imposes harsh punishments for various offences. The international community has expressed strong opposition to the SPC, citing concerns over human rights violations, particularly against women, LGBTQ+ individuals, and religious minorities.

Sharia Law: Stoning to death for adultery and same-sex relations

In 2019, Brunei implemented a new Sharia Penal Code, which applies to both Muslims and non-Muslims, including foreigners. The code includes a mandatory death penalty by stoning for many crimes, including adultery and same-sex relations.

Stoning, or Rajm in Arabic, refers to the Hudud punishment wherein an organised group throws stones at a convicted individual until they die. It is prescribed in cases of adultery committed by a married person, and requires either a confession from the adulterer or adulteress, or four witnesses of sexual penetration.

In Islamic law, stoning conflicts with the Quranic prescription for premarital and extramarital sex (zina), which states that those guilty of adultery or fornication should be flogged with a hundred stripes. As a result, some minority Muslim sects disagree with the legality of stoning. However, stoning is mentioned in multiple hadiths, which are considered an authoritative source of religious law and rulings, and therefore most schools of Islamic jurisprudence accept it as a punishment for adultery.

In recent times, stoning has been a legal or customary punishment in several countries, including Iran, Afghanistan, and Nigeria. In some countries, such as Afghanistan, it has been carried out extrajudicially by militants and tribal leaders. In 2023, the Taliban reaffirmed their commitment to administering the death penalty by stoning, with a particular focus on punishing women for adultery.

Sharia Law: Punishments for robbery and theft

Sharia Law in Brunei, known as the Syariah Penal Code (SPC), applies to both Muslims and non-Muslims, including foreigners. The SPC outlines punishments for various crimes, including robbery and theft.

The SPC stipulates that robbery ("hirabah") is punishable by multiple amputations, including the right hand and the left foot. This punishment is outlined in Articles 62-63 of the SPC. For theft ("sariqah"), the punishment is the amputation of the right hand for the first offence and the left foot for the second offence, as outlined in Articles 52 and 55. These punishments are considered acts of torture under international law.

In addition to these physical punishments, the SPC also imposes financial penalties for robbery and theft. Fines, imprisonment, whipping, and caning are also listed as possible punishments for theft in the SPC.

It is important to note that while the SPC has been in effect since April 2019, there have been no reports of criminal cases being prosecuted under the new Sharia Law as of 2020. There is also a de facto moratorium on the death penalty in Brunei, which was announced by the Sultan in 2019 and remains in place.

Sharia Law: Impact on women and the LGBTQ+ community

Sharia law, which is based on the Quran, Sunnah (the Prophet's actions and non-Quranic statements), and fiqh (logic), has a significant impact on women and the LGBTQ+ community in Brunei.

Impact on Women

Sharia law has historically been interpreted and applied in ways that limit women's rights and freedoms in several countries, including Brunei. While the Quran grants women certain rights, such as the right to divorce and inheritance, the specific implementation of Sharia law can vary across different countries and communities.

In Brunei, the Sharia Penal Code (SPC) includes provisions that restrict women's rights. For example, the SPC requires women to obtain permission from their male guardians to marry, divorce, or have custody of their children. It also states that a husband's financial support is contingent on his wife's "obedience" and that she can lose this support if she refuses to have sex with him. Additionally, women are expected to move into the marital home and travel with their husbands if he desires. These provisions place restrictions on women's autonomy and freedom of movement.

Furthermore, the SPC includes dress codes and regulations that specifically apply to women. For example, women are required to wear a tudong (head covering) when applying for passports, driver's licenses, and national identity cards. While there is no legal requirement for women to wear a tudong in public, social customs and religious authorities encourage them to do so. Women who work for the government are expected to wear a tudong, and female students in government schools and institutions of higher learning are required to wear a uniform that includes a head covering.

Impact on the LGBTQ+ Community

The impact of Sharia law on the LGBTQ+ community in Brunei has been detrimental, with the country implementing harsh penalties for homosexual acts. The SPC criminalizes homosexual relationships and imposes punishments such as stoning, whipping, imprisonment, and even the death penalty for those found guilty. These punishments are based on interpretations of the Quran and later hadith traditions, which view homosexual acts as sinful and immoral.

The SPC's provisions against homosexuality apply to both Muslims and non-Muslims, including foreigners. This means that LGBTQ+ individuals in Brunei face the risk of legal punishment, as well as social stigma and discrimination. The criminalization of homosexuality has created a hostile environment for the LGBTQ+ community, limiting their freedom of expression and association.

Additionally, the SPC includes provisions that target transgender individuals. For example, it punishes "any man who dresses and poses as a woman or any woman who dresses and poses as a man in any public place" with prison time and a fine. This provision infringes on the rights of transgender and gender non-conforming individuals, restricting their freedom of expression and contributing to a climate of fear and discrimination.

Sharia Law: Freedom of religion in Brunei

Overview

Brunei is a unitary Islamic absolute monarchy, with the official religion being the Shafi'i school of Sunni Islam. However, the constitution guarantees freedom of religion for individuals, allowing all other religions to be practised "in peace and harmony". Since its independence in 1984, Brunei has operated a dual legal system, with one secular and one Sharia law.

Sharia Law in Practice

The Sharia Penal Code Order 2013 (SPC) is legally enforceable only for Bruneian Muslims. The SPC applies to both Muslims and non-Muslims, including foreigners, although non-Muslims are exempt from certain sections. The SPC enforces punishments for crimes such as murder, theft, adultery, rape, sodomy, apostasy, and blasphemy, which include fines, imprisonment, whipping, amputation, and death.

Freedom of Religion

Despite the constitutional provision for freedom of religion, the government has placed restrictions on the practice of non-Islamic beliefs, particularly on groups it considers "deviant", such as Jehovah's Witnesses and the Baha'i Faith. Proselytising of non-Islamic faiths is also restricted. Non-Muslims often face social pressure to conform to Islamic guidelines.

International Criticism

The SPC has faced international criticism for its harsh penalties and restrictions on the freedom of religion, particularly for religious minorities and the LGBTQ+ community. In 2019, Hollywood actor George Clooney led a campaign calling for a boycott of hotels owned by the Brunei government due to the SPC's inclusion of penalties such as "stoning and whipping to death any of its citizens that are proved to be gay". In response, the Sultan of Brunei issued a "de facto moratorium" on the death penalty.

Frequently asked questions