Legal framework on freedom of religion and actual application
The Sultanate of Brunei is located on Borneo, an island that it shares with Malaysia and Indonesia. Once a major empire, Brunei declined during the 19th century, becoming a British Protectorate in 1888. The Japanese occupied the Sultanate during the Second World War. Brunei did not recover its full independence from the United Kingdom until 1984.
The current Constitution of Brunei was adopted in 1959 and revised in 2006. Under Article 2 (1), the official religion is Islam “according to the Shafeite sect of Ahlis Sunna Waljamaah.” The “Shafeite sect,” also referred to as the Shafi’i School, is one of the four major schools or forms of Islamic jurisprudence (fiqh). Article 3 of the constitution provides a certain measure of protection for religious freedom insofar as it declares that “all other religions may be practised in peace and harmony by the persons professing them.”[1]
The Sultanate of Brunei is an absolute monarchy. With the help of a Supreme Council, the Sultanate promotes the national philosophy of Melayu Islam Beraja (MIB), or Malay Islamic Monarchy.[2] The mandate of the Supreme Council is to boost the MIB philosophy and promote the practice of Islam.[3]
Brunei’s civil and Shari‘a courts operate in parallel. The civil courts are based on English common law and a secular penal code. Shari‘a courts are based on Islamic law as interpreted by the Shafi’i School. Shari‘a courts hear criminal, family and other civil cases. They apply longstanding Shari‘a legislation. They also apply the new Syariah (Shari‘a) Penal Code (SPC). The government enacted the first phase of the SPC in 2014, followed by the implementation of the second and third phases in April 2019.
Shari‘a applies to Muslims and non-Muslims. All Bruneians, Muslim and non-Muslim, as well as foreign visitors, are forbidden to engage in any conduct considered un-Islamic and are subject to criminal sanction. Shari‘a prohibitions include drinking alcohol and eating in public during the hours of the Ramadan fast, which are routinely enforced. However, non-Muslims are not subject to some of the specific requirements of Islamic religious practice, such as Friday prayers and zakat (almsgiving).
Sweeping legal provisions protect the official religion in other ways. Any act that “tends to tarnish the image of Islam” is a criminal offence. It is also illegal to criticise the Syariah Penal Code.[4] The celebration of Christmas, including the public display of decorations and singing carols, has been banned since 2015 because it could damage the “aqidah (beliefs) of the Muslim community.”[5] Despite the ban, some establishments sold merchandise or advertised Christmas-related activities and Christmas remained an official national holiday.[6] Likewise, since 2015, the government has tightened restrictions on the public celebration of Chinese religious festivals.[7]
All religious groups must register with the authorities. This entails providing information about their organisation, membership, and activities. Registration is essential, but the Registrar’s Office has discretionary powers and can deny registration. Failure to register may lead to a charge of unlawful assembly and result in fines. Membership in an unregistered organisation is punishable under criminal law, including a custodial sentence not exceeding three years. Any gathering in public of five people or more, including for worship, requires official permission.[8]
The renovation and expansion of buildings operated by non-Muslim religious groups are subject to government regulation, and, as a result, facilities are often too small or otherwise inadequate. A few churches exist in Brunei, along with a small number of Buddhist, Taoist, and Hindu temples. While Churches and Church-run private schools may in principle repair their sites, in practice the approval process is lengthy, complex, and subject to delays. A standing fatwa discourages Muslims from assisting non-Muslims in maintaining their religion, and this also hinders work on non-Muslim facilities.[9]
The government has banned several religious groups. These include the ‘Ahmadi form of Islam, Al Arqam (a Malaysian-based Islamic sect), the Baha’i faith, and the Jehovah’s Witnesses. The bans are included in fatwas issued by the State Mufti and the Islamic Religious Council. Muslims who wish to renounce their faith may do so at present, but must formally notify the Islamic Religious Council.[10]
Schools administered by the Ministry of Religious Education or the Ministry of Religious Affairs provide Islamic religious education. In these schools, Islamic education is compulsory for Muslim children and optional for non-Muslim students. Muslim parents are also required to enroll their children in schools that provide supplemental religious education. If they fail to do so, they may be fined or imprisoned for up to one year. Government-approved religious education curricula do not cover non-Muslim faiths.[11]
The Ministry of Education recognises private Church schools, which can accept pupils of any religion. However, even Church-run private schools are not permitted to offer Christian religious instruction; failure to comply may result in criminal charges. No provision is made for the teaching of other forms of Islam. Faiths other than Shafiʽi Islam may be taught only in private settings, such as family homes, or in registered churches.[12]
The Ministry of Religious Affairs dictates the content of sermons at Friday prayers, which can be delivered only by imams registered with the State.[13] The government has warned the population against other forms of Islam, such as liberal Islam, Salafism and Wahhabism. Brunei’s official approach to Islam is sometimes justified as a bulwark against extremism.[14]
Most official meetings open with Islamic prayers. Businesses are closed during Friday prayers and restaurants do not serve food during the fasting hours of Ramadan. Residents are required to carry identity cards, which, in practice, are used to identify the religion of the bearer. When making a visa application, prospective visitors to the country are asked to specify their religion.[15]
Brunei maintains its implementation of the Syariah Penal Code (SPC), which enforces strict regulations on religious practices. The SPC prohibits the propagation of religions other than Islam to Muslims or individuals without a faith, with penalties including fines, imprisonment, or both.
Additionally, the SPC includes provisions that make it illegal to criticize Islam or the SPC itself, and bars contempt for or insult of the Sultan or any law related to Islam. These measures continue to impact religious freedom within the country.[16]
Incidents and developments
In Brunei, Islamic New Year was celebrated on the 7th and 8th of July of 2023. The Sultan gave an important address regarding mental health issues. He noted that over 11,000 people are receiving psychiatric and psychological treatment at Raja Isteri Pengiran Anak Saleha Hospital. The Sultan stressed the need for enhanced mental health programs and the integration of scientific and spiritual approaches, including religious education. He linked these efforts to the concept of hijrah, which represents positive change and improvement. His Majesty also highlighted this year’s theme, “Nurturing the Mind”, underscoring the importance of a healthy mind for a healthy life and the prohibition of intoxicants in Islam.[17]
Later in 2023, Brunei joined other Muslim-majority countries in condemning the Quran-burning incident in Sweden. The government expressed strong disapproval of the act, calling it Islamophobic and urging international legal measures to prevent such actions.[18]
Since the death of Cardinal Cornelius Sim in 2021, Brunei’s small Catholic community has continued to persevere under the leadership of Vicar General Father Robert Leong. Despite being a tiny minority in a predominantly Muslim country, the local Church—comprising three parishes—remains vibrant, thanks in large part to the active participation of Filipino migrant faithful. Their devotion and rich popular religious practices sustain and deeply enrich the Catholic life of the nation.[19]
Filipino immigrants in Brunei play a key role in the Catholic Church in the country. Although the diocese is one of the smallest in Asia, they are fortunate to have a sizeable Filipino congregation that “greatly enriches the faith.”[20]
Prospects for freedom of religion
During the period in review, Brunei's religious landscape is characterized by stringent enforcement of Islamic law, with severe restrictions on religious freedom for non-Muslims. The Sharia Penal Code, which includes harsh penalties like death by stoning for adultery and homosexuality, and amputation for theft, remains in force.[21] Non-Muslim religious practices are tightly controlled, with significant limitations on public worship, religious education, and the distribution of religious materials. These developments highlight Brunei's continued emphasis on consolidating power through religious authority despite international criticism and concerns over human rights violations.
Sources
Brunei