Sharia in Brunei: Much Ado About Nothing?

On July 21, 2018, Bruneians woke up to shocking news: the Royal Brunei Police Force (RBPF) had arrested two judges in connection with a criminal breach of trust and money laundering. Hj Nabil Daraina, a senior magistrate at the Bandar Seri Begawan Magistrates Court, and his wife Ramzidah, a senior registrar at the High Court, were accused of misappropriating 15.75 million Bruneian dollars (US$11.3 million) from bankruptcy cases to buy luxury cars and other high-value assets. 

The trial of the accused was conducted at Brunei's high court, which on January 15, 2020, convicted the couple and sentenced them to long jail sentences. In this case, the punishment should have been very severe as the convicts not only stole public money but were judicial officers, which requires them to be of impeccable integrity and honesty.

Still, the punishment was not as harsh as it could have been. Theft of any kind is forbidden in Islam and if the couple had been tried under the Sharia Penal Code and given the hudud punishment, then their right hands, from the wrist down, could have been amputated.

The Sharia Penal Code Order, including hudud punishments such as amputation of limbs for theft and stoning to death for adultery, was fully implemented on April 3, 2019 in Brunei. In the year since, not a single criminal case has been dealt with according to the new Sharia law. 

When Brunei announced the implementation of the controversial law, it evoked loud protests from all over the world, with Hollywood celebrities like George Clooney calling for a boycott of hotels owned by Brunei's ruler Sultan Hassanal Bolkiah. Oxford University even withdrew the honorary degree it had awarded to the sultan.

Brunei explained that as a former British protectorate it has been practicing a dual legal system – one based on Sharia and the other on British common law –  and both systems will continue to run in parallel to maintain peace and order. The sultan himself announced that Brunei will continue its de facto moratorium on the death penalty and clarified the misconceptions about the Sharia Penal Code Order by saying that the new law will “respect the privacy of individuals.”

The West's biggest criticism against the Sharia law was that it is very cruel toward the LGBT community and that the rights of minorities – Christians and ethnic Chinese, most notably – professing faiths other than Islam will be severely curtailed. Fake new stories, like a ban on Christmas celebrations and the exodus of the LGBT community from Brunei, started appearing in the media.

The Diplomat talked to members of these minority groups to find out whether, one year on, the implementation of Sharia law has affected their lives.

Margie Salise, a Filipina who works as a waitress at a local restaurant, recounted, “To be very honest, initially I was little worried as rumors started spreading that Christians and Buddhists will be the main target of the Sharia law. Some even said you’ll not be allowed to worship, sale of pork will be banned, and non-halal restaurants like where I work will be closed. 

“There was panic among Filipino workers and many started applying for jobs in Hong Kong, Dubai, and other countries. But I decided to stay put.”

Salisa said she is happy with her decision as she has not felt insecure since the introduction of Sharia law. “There has been no change in my lifestyle and the way I dress. Although the sale of liquor is banned here, as foreigners we are allowed to bring a limited quota from nearby Malaysian cities of Limbang, Labuan, or Miri. On off days, we party like anything without fear or interference from the police. If you obey the law of the land and do not create trouble, nobody will bother you,” she said.

A Malaysian who asked to be identified only by her initials, FM, said, “The whole idea that Christians have been banned from celebrating Christmas is blown out of proportion. People in this country have the freedom to practice their religion and Christmas is also a public holiday in the country.”

FM added that there is no restriction of worship on people who are not Muslims. At the city center in the capital, Bandar Seri Begawan, stands a Buddhist temple, from which celebrations of Chinese New Year kick-off every year. Just a short distance away from the Buddhist temple are Our Lady of the Assumption Church and St. Andrew’s Anglican Church, where mass is regularly held on Sunday.

Nerissa, a devout Christian who teaches at a local school, said the Sharia law has in no way affected or restricted her religious belief.

“At school, I wear ‘baju kurung,’ traditional Malay dress, as it is the dress code for all teachers. Apart from this, I have never felt any restrictions on what I wear. I regularly go to Our Lady of the Assumption Church for Sunday mass,” Nerissa said.

A Bruneian businessman agreed: “One year after implementation of Sharia law in Brunei, there has been no difficulty for people of other races or religion, as I still see Sunday church goers enjoy their weekly worship [and] Chinese New Year [is] celebrated at everyone’s houses. I would say that celebrations are slightly muted in public places such as businesses and offices, but [whether] this [is] due to economic slowdown (i.e. less spending) or Sharia law, I can't say for sure. But personally for me, no, it has not affected me in any way.”

A Chinese businessman said that the Chinese New Year gala organized by the Chinese community is attended by Sultan Hassanal Bolkiah and all the members of the royal family. “Like every year, this year also the Crown Prince Haji Al-Muhtadee Billah and his wife Sarah attended the Chinese New Year Open House at the residence of prominent businessman Goh King Chin,” he said.

Fears that the LGBT community will be persecuted or targeted under the Sharia Penal Code have also proved unfounded.

As far as the LGBT community is concerned, they are still very visible at cafes, malls, and other public places. There have been no midnight raids or any kind of crackdown. 

James, an openly gay Bruneian, said, “There hasn't been any sort of raids here. We have some very vocal and prominent influencers who are LGBT and they continue to be visible online and offline.”

A prominent media personality, who wants to remain anonymous, said the Brunei government had time and again explained and clarified that the Sharia law was not being implemented specifically for targeting members of the LBGT community or any other groups. The Sultan himself, in one of his speeches, said that the Sharia law will not intrude into the privacy of individuals.

According to the media personality, “The hysteria around chopping limbs was very much inflated by foreign media who do not understand our culture. But in fact, just recently a Commonwealth LGBT group was on a visit here to observe the situation and whether LGBT people were being persecuted... [the group] found they are not. It is business as usual, but not because Brunei has failed to use its Sharia law and punishments. It’s because the foreign media never understood how, where, which and what situations Sharia law was being administered in the first place.”

A Malaysian who was born and raised in Brunei and spent around 12 years working there said he had “not seen any changes in day-to-day life once Sharia law was implemented.”

“I haven’t seen Sharia police going around, raiding restaurants, houses, or any other [place] and arresting people like what happens in the Indonesian province of Aceh,” he said.

FM also says tourists, businessmen, and other officials who visit the country initially feel wary but their views and opinions about Brunei completely change after their stay.

One area where Bruneians do want the Sharia law to be strictly implemented is to check thefts, house break-ins, and car stealing. They feel that the strict and harsh punishments prescribed in the Sharia law have failed to work as a deterrent to check crime.

James said, “I don’t see any changes. We've had people caught for all sorts of crimes, including break-ins but they all end up in civil court anyways. Especially, the latest case involving millions of dollars [referring to the judge Nabil case].” 

Another Bruneian said that every week you can find stories of people stealing and other crimes. It seems that the Sharia law is not deterring criminals.

James added that the situation “Kind of makes all that noise just hot air as the social media is abuzz with posts about cars being stolen from homes, etc…”

He said netizens are calling for Sharia and hudud punishments for such crimes but are often sorely disappointed when the respective punishments cannot be implemented because of the lack of necessary evidence. If viewed as a deterrent, the penal code has failed to make any meaningful impact.

One Singapore-based journalist, Syed Khalid, feels that the real reason Brunei is not implementing the hudud punishments is the international outcry.

“I think it’s more because of international backlash – the threat to the country’s and the sultan’s reputation and calls for a boycott of his properties – than anything else,” Khalid said. Running two sets of law – British common law and Sharia – could be another reason for not implementing Sharia law yet, he added.

Sharia law is not a separate system. It’s in place alongside British common law, and applied where it is relevant. The hudud that everyone is so obsessed with has always required and still requires a very high burden of proof, and therefore does not get meted out unless it meets those requirements.

Many Bruneians say the international backlash could be one of the reasons but not the main reason these punishments have not been put into practice. Many who live there see Brunei's social fabric as very tolerant.

James said the international media coverage made it seem as if the Sharia law was enacted to target the LGBT community specifically. “They are not aware of ground conditions,” he said. “Brunei never had a history of vigilantism or moral policing like Saudi Arabia or Aceh.”

A retired civil servant said the problem is that the moment one talks about Sharia law the images of public beheadings and floggings carried out in Saudi Arabia come to mind.

“Brunei is not the only country which has introduced Sharia law and does not mete out hudud punishments,” he said. “Take the case of the UAE, the closest ally of Saudi Arabia, which also practices the Wahabbi strand of Islam. There, women are allowed to drive, there is no public dress code for women – a hijab is not compulsory for Emirati women. Have you ever heard of public flogging or caning in Dubai or any other emirate? But it’s carried out regularly in a secular country like Singapore.”

A Bruneian Islamic scholar said there is uniformity in Islam but not in its interpretation and implementation. As Islam spread across the world, it blended with the local culture.

“The case of Brunei is very different. Although Islam is the official religion of the state and most of its Muslim population is Sunni, it also officially follows ‘Mazhab Shafi’i,’ which is one of the four schools of Islamic law or jurisprudence,” he said. “Besides, the people of the entire Malaya region have converted from Hinduism to Islam. That is why many customs and traditions of Hindus have become part of Islam practiced by Malays of Brunei, Indonesia, and Malaysia. 

“So, Islam practiced in Saudi Arabia cannot be compared with Brunei. The culture plays an important role in the way Islam is practiced.”

Unlike many Arab countries, there is no dress code for women in Brunei. Most Malay women wear a “tudong” (headscarf) but it is not compulsory except at official functions, and then only for Muslim women. For Chinese and other communities there is no such rule. It is a common sight to find girls wearing hot pants at shopping malls and other places.

There is no restriction of any kind on women as far as employment is concerned and they form a large part of the workforce. In Brunei, women don’t just drive cars; they teach men how to drive, as most of the driving instructors are women.

A Bruneian historian outlined why. “Islam was brought to Malaya shores by the Indian Muslims, where Sufism has greatly influenced the Islamic teachings. For example, take the case of Maulidur Rasul, celebrations marking the birth of Prophet Muhammad. In Brunei, it is celebrated in a big way and the Sultan leads the celebrations. Whereas, in Saudi Arabia, such celebrations are banned because the Wahabbi strand of Islam considers it a ‘bida’ (a sinful innovation in religion). So, Brunei cannot be compared with Saudi Arabia or any other Arab country by any stretch of the imagination, who are very rigid in their interpretation.”

Khalid says Maulidur Rasul and other practices are common in Southeast Asia because of Sufism, which allows for such innovations.

However, one journalist added a word of caution. People think things are business as usual. No hudud punishments like chopping off limbs or flogging have been meted out so far because the burden of proof to administer these punishments is always very high. But, the journalist warned, Bruneians should remember that hudud punishments are part of the Sharia Penal Code and can be implemented any time.