Islamic Law in Brunei Darussalam (1425–2014)

Abstract

This chapter examines the development of Brunei Islamic laws and their relationship with the Melayu Islam Beraja (MIB, Malay Islamic Monarchy) concept. Islamic laws were enforced during the reign of Sultan Sharif Ali (r. 1425–32) with the establishment of the Brunei Legal Code. It continued to be the core of Bruneian legislature until the era of Sultan Hashim (r. 1885–1906). Brunei Islamic laws went through a bleak period when the British Residential administration was introduced in 1906. The British legal system was used not only in enacting civil but also Islamic laws. Thus, the role of Islamic laws was weakened and merely applicable with regard to family issues. This situation persisted until 2013, when Sultan Hassanal Bolkiah (r. 1967 to present) undertook efforts to revive Islamic laws in stages. This noble task, however, had to be postponed following international criticisms. As an aspect of life for Bruneian society, Islamic laws also have a close relationship with the MIB concept. These three components – Malay, Islam, monarchy – are interconnected and reinforce one another, thereby leading to racial and national strength and unity in the sultanate.