Brunei and Shari’ah

Brunei has come of age. The Sultan of Brunei, who marked 50 years on the throne in spectacular style in 2017, has made Brunei a prosperous nation and proved that people in the country enjoy lasting prosperity and peace. The Bruneian society is founded on the solid foundations of Equity and Justice, and is run…

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AFTAB HUSAIN KOLA

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Brunei has come of age.  The Sultan of Brunei, who marked 50 years on the throne in spectacular style in 2017, has made Brunei a prosperous nation and proved that people in the country enjoy lasting prosperity and peace. The Bruneian society is founded on the solid foundations of Equity and Justice, and is run without any discrimination.

Located at the heart of Southeast Asia and flanked by the South China Sea along the northern coast of the island of Borneo, the tiny nation of Negara Brunei Darussalam is wedged between the Malaysian states of Sarawak and Sabah. As a monarchy ruled by Sultan Hajji Hassanal Bolkiah Mu’izzadin Waddaulah, Brunei was founded on the principles of Islam, and it prospers today thanks to a generous natural endowment of oil reserves.

Muslims in Brunei form the majority with 78.8%, Christians 8.7%, Buddhists 7.8%, while others (including indigenous beliefs) 4.7%. Among Muslims, Sunnis of Malay origin, who follow the Sha’fi school of Islamic law, constitute the overwhelming majority.

As a Muslim country, Brunei is trying its best to adhere to the full Shari’ah system. And cautiously moving to incorporate as many Shari’ah laws as possible into the country’s system. The oil-rich nation has long implemented many aspects of Shari’ah, mainly for civil matters such as marriage, etc. The Sultan has announced a plan to introduce full Islamic law. Some of laws related to the offences which include insulting the Prophet Muhammad (peace and blessings of Allah be to him), drinking alcohol, getting pregnant outside of marriage and “sodomy”, etc. are being made more stricter.

Minister of Religious Affairs Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Haji Awang Badaruddin bin Pengarah Dato Paduka Haji Awang Othman said that the daily practice of Islam in Brunei has contributed to the country’s socio-political stability. Although Islam is the official religion, religious minorities have the right to observe their religious values and traditions. In this regard, the Constitution of the State of Brunei (1959) holds that ‘the religion of the State shall be the Muslim religion, provided that all other religions may be practised in peace and harmony by the persons professing them in any part of the State.’

In a determined bid to implementing the next phase of the Syariah (Shari’ah) Penal Code 2013, a draft on Criminal Procedures Code on Syariah (CPC Syariah) has been approved by the Brunei Islamic Religious Council and has been consented to by His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, Sultan and Yang Di-Pertuan of Brunei Darussalam for gazetting.

Brunei’s Shari’ah courts were limited to family matters like marriage and inheritance. YB Pehin Udana Khatib Dato Paduka Seri Setia Ustaz Haji Awang Badaruddin bin Pengarah Dato Paduka Haji Awang Othman, the Minister of Religious Affairs, said that the first phase has been implemented on May 1, 2014, while the next phase will be carried out according to the administrative time-frame.

The minister observed that the phased implementation of Syariah (Shari’ah) Penal Code 2013 is aimed at providing or enabling strategic planning and early preparation in an orderly manner and concrete actions by various relevant agencies, including investigations, prosecution and judiciary with the implementation of sentences and penalties. It is being implemented in three phases.

However, several other procedures need to be looked upon before the implementation of CPC Syariah whereby a grace period will be given especially for law practitioners, justice practitioners and execution of the sentences.

He added that the draft provides all rules (laws) and prosecutions that will act as a guide for agencies and parties to implement their roles and responsibilities in upholding justice. Apart from CPC Syariah, provisions towards a number of Standard Operating Procedures (SOPs) have already been provided by all relevant parties in ensuring investigation procedures, prosecutions, trials and implementation of sentences are in accordance to the prescribed CPC Syariah.

Islamic values and ethos, traditions and ethics have been intrinsically incorporated and reflected within Brunei culture, society and politics. The concept of the MIB (Melayu Islam Beraja or Malay Muslim Monarchy) has been the cornerstone of the religio-political philosophy of Brunei. The majority of Islamic organisations or departments in Brunei are established and maintained by the government. The Ministry of Religious Affairs, established in 1986, is comprised of five different departments – namely, Mosque, Hajj, Islamic Studies, Islamic Law, and Islamic Da’wah (propagation) Centre.

The Quran (16:125) says, “(O Prophet!) Call men to the way of your Lord with wisdom and goodly exhortation, and reason with them in the best manner possible.” Considering Dawah to be the fundamental duty of believers, the Islamic Da’wah Centre, Brunei is engaged in the propagation and expansion of Islamic teachings among both Muslims and non-Muslims in Brunei. Every year, hundreds of Muslims enter the fold of Islam. It also undertakes research and studies on Islam-related subjects, publishes Islamic books, pamphlets, and periodicals and establishes networks with other Muslim countries by exchanging information and organising conferences, seminars and meetings on various Islamic issues. The Centre’s Publication Control and Censor Unit censors books, periodicals, journals, and newspapers which contradict Islamic belief and teachings.

Even the finance sector incorporating Islamic principles is well acknowledged. There is an increased interest in Islamic finance and banking. This is reflected with the increase in total Islamic banking assets from $1.4 trillion in 2015 to $1.5 trillion in 2016; the increase in the volume of Sukuk outstanding to $318.5 billion; Islamic funds’ assets worth $56 billion; and the increase in Takaful contributions to $25 billion.

Brunei is home to about 125 mosques, including the two very majestic the Jame’Asr Hassanil Bolkiah Mosque, and Sultan Omar Ali Saifuddien Mosque at Bandar Seri Begawan.

Besides, there are six Christian churches (three Roman Catholic, two Anglican and one  Baptist), three Chinese Buddhist  temples, and one Hindu   temple, all officially registered in the country.

How Islam came to Brunei

Islam radiated from three different regions to Borneo – the third largest island in the world after Greenland and New Guinea – of which Brunei is a small part. From Sulawesi, in the east, Dato’ri Bandang and his followers spread Islam to Kutai state, now a major oil- and gas-producing region in East Kalimantan in Indonesia on Borneo. The state of Banjarmasin, in South Kalimantan, Indonesia in southern Borneo, was converted from Java to the south, and history records a conflict between two pretenders, Samudra and Tumengung, in which the former enlisted the aid of the Muslim rulers of Demak, who dispatched 1000 warriors to Banjarmasin to settle the dispute in Samudra’s favour whose subjects reverted to Islam.

Brunei, on the north-western coast of Borneo, along with the Sulu Islands and the southern Philippines, was strategically situated on a trade route which linked China and Malacca, now the capital of the Malaysian state of the same name, and was a Muslim kingdom early in the 15th century. And the traders on boats were mostly Arabs, calling in on their merchant travels, who are reputed to have been the bearers of Islam to these three regions. An Arab, Sharif Karim al-Makhdum, is said to have settled down in Ewansa, in the Sulu Islands, where the people built him a mosque, flocked to it and chose to revert.

Sharif Kabungsuwan, a native of Johor Baharu and son of an Arab father and Malay mother, is said to have spread Islam in the southern Philippines. According to the genealogy of the Sultans of Brunei, Sultan Muhammad Shah (or Awang Alak Betatar) was the first ruler to establish a Muslim kingdom in Brunei in 1386; local legend says he embraced Islam after marrying Puteri Johor, daughter of the Muslim king of Tema-sik – present-day Singapore – in the early 1368. But some Muslim scholars believe a Muslim kingdom existed in Brunei as early as 1301, and that Islam was introduced to the sultanate from China. He had taken the responsibility to uphold Islam as the way of life and the rest is history – Brunei is a proud Muslim country.