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Download Country Report Religious Freedom in the World BRUNEI Report 2021 BRUNEI RELIGIONS 1.2% 9.4% Agnostics Buddhists 1.3% Other 5.5% Chinese folk religionists 11.7% 58.8% Christians Muslims 2.0% Population Area Confucianists 444,519 5,765 Km2 10.1% Ethnoreligionists GDP per capita GINI INDEX* 71,809 US$ N/A *Economic Inequality philosophy and promote the practice of Islam.3 LEGAL FRAMEWORK ON FREEDOM OF RELI- GION AND ACTUAL APPLICATION Brunei’s civil and Shari‘a courts operate in parallel. The civil courts are based on English common law and a Brunei is located on Borneo, an island that it shares secular penal code. Shari‘a courts are based on Islamic with Malaysia and Indonesia. Once a major empire, law as interpreted by the Shafi’i School. Shari‘a courts Brunei declined during the 19th century becoming a hear criminal, family and other civil cases. They apply British Protectorate in 1888. The Japanese occupied long-standing Shari‘a legislation. They also apply the the country during the Second World War. Brunei did new Syariah (Shari‘a) Penal Code (SPC). The govern- not recover its full independence from the United King- ment enacted the first phase of the SPC in 2014, fol- dom until 1984. lowed by the second and third phases in April 2019. Its current constitution was adopted in 1959 and re- Shari‘a applies to Muslims and non-Muslims. All Bru- vised in 2006. Under Article 2 (1), the official religion neians, Muslim and non-Muslim, as well as foreign vis- is Islam “according to the Shafeite sect of Ahlis Sunna itors cannot engage in conduct considered un-Islamic Waljamaah.” The “Shafeite sect,” also referred to as and are subject to criminal sanction. Shari‘a prohibi- the Shafi’i School, is one of the four major schools or tions include drinking alcohol and eating in public during forms of Islamic jurisprudence (fiqh). Article 3 provides the hours of the Ramadan fast, which are routinely en- a certain measure of protection for religious freedom forced. However, non-Muslims are not subject to some insofar as it declares that “all other religions may be of the specific requirements of Islamic religious prac- practised in peace and harmony by the persons pro- tice, such as Friday prayers and zakat (alms giving). fessing them.”1 Sweeping legal provisions protect the official religion in The Government of Brunei, which is an absolute mon- other ways. Any act that “tends to tarnish the image of archy, promotes the national philosophy of Melayu Is- Islam” is a criminal offence. It is also illegal to criticise 2 lam Beraja (MIB), or Malay Islamic Monarchy, through the Syariah Penal Code. Public celebrations of Christ- a Supreme Council, whose mandate is to boost the MBI mas, including putting up decorations and singing car- | ACN - Aid to the Church in Need BRUNEI Religious Freedom in the World ols, have been banned since 2014 on the grounds that The Ministry of Education recognises private Church they could damage the “aqidah (beliefs) of the Muslim schools, which can accept pupils of any religion. How- BRUNEI Report 2021 community.”4 Likewise, since 2015, the government ever, even Church-run private schools are not permitted has tightened restrictions on the public celebration of to offer Christian religious instruction; failure to comply Chinese religious festivals.5 may result in criminal charges. No provision is made for the teaching of other forms of Islam. Faiths other than All religious groups must register with the authorities. Shafiʽi Islam may be taught only in private settings, This entails providing information about their organisa- BRUNEI such as family homes, or in registered churches.11 tion, membership and activities.6 Registration is essen- tial, but the Registrar’s Office has discretionary powers The Ministry of Religious Affairs dictates the content and can deny registration. Failure to register may lead of sermons at Friday prayers, which can be delivered RELIGIONS to a charge of unlawful assembly and result in a fine. only by imams registered with the state. The govern- 1.2% 9.4% Agnostics Buddhists Membership in an unregistered organisation is punish- ment has warned the population against other forms of 1.3% able under criminal law, including a custodial sentence Islam, such as liberal Islam, Salafism and Wahhabism. Other 5.5% Chinese folk not exceeding three years. Any gathering in public of The approach to Islam in the country is sometimes jus- religionists five people or more, including for the purpose of wor- tified as a bulwark against extremism.12 11.7% ship, requires official permission. Religious group activ- 58.8% Christians Most official meetings open with Islamic prayers. Busi- 7 Muslims ities are treated like private gatherings. nesses are closed during Friday prayers and restau- 2.0% Population Area Confucianists Attempts to expand or renovate buildings operated by rants do not serve food during the fasting hours of Ra- 444,519 5,765 Km2 10.1% non-Muslim religious groups are constrained and, as a madan. Residents are required to carry identity cards, Ethnoreligionists GDP per capita GINI INDEX* result, facilities are often too small or otherwise inad- which, in practice, are used to identify the religion of 71,809 US$ N/A 8 *Economic Inequality equate. A few churches exist in Brunei, along with a the bearer. Visitors to the country are asked to specify small number of Buddhist, Taoist, and Hindu temples. their religion when making a visa application.13 While churches and church-run private schools may Brunei media regularly carry stories of conversion to in principle repair their sites, in practice the approval Shafiʽi Islam. The state incentivises conversions, offer- process is lengthy, complex, and subject to delays. A ing converts welfare payments, new homes, genera- standing fatwa discourages Muslims from assisting tors, water pumps, or sums of money to enable them to non-Muslims in sustaining their beliefs and this also undertake the Hajj. These incentives are aimed espe- hinders work on non-Muslim facilities. cially at members of indigenous groups in rural areas.14 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 INCIDENTS AND DEVELOPMENTS Jehovah’s Witnesses. The bans are included in fatwas In April 2019, the government proceeded to implement issued by the State Mufti and the Islamic Religious the long-awaited second and third phases of the Sya- Council. Muslims who wish to renounce their faith may 15 riah Penal Code (SPC). This followed the enactment do so at present, but must formally notify the Islamic 16 of a Criminal Procedure Code (CPC) in March 2018. Religious Council.9 The SPC imperils religious freedom and other funda- Schools administered by the Ministry of Religious Edu- mental human rights in numerous ways. For example, cation or the Ministry of Religious Affairs provide Islam- the SPC prohibits defaming the Prophet Mohammad, a ic religious education. In these schools, Islamic educa- crime punished with the death penalty for both Muslims tion is compulsory for Muslim children and optional for and non-Muslims. non-Muslim students. Muslim parents are also required The SPC criminalises apostasy, punishes any acts of to enrol their children in schools that provide supple- “delivering or giving publications relating to religion oth- mental religious education. If they fail to do so, they er than Islam”, and outlaws the use of Islamic terms to may be fined or imprisoned for up to one year. Gov- express any “fact, belief, idea, concept, act, activity, [or] ernment-approved religious education curricula do not 17 matter” related to non-Muslim religions. The punish- cover non-Muslim faiths.10 ments for certain crimes include death by stoning (for Religious Freedom in the World Report 2021 | blasphemy, apostasy, and adultery) and whipping (for alcohol consumption by Muslims). This has sparked a PROSPECTS FOR FREEDOM OF RELIGION BRUNEI global outcry. While non-Muslims reported no new restrictions on their religious practice during the period under review, the In addition, since April 2019 the SPC criminalises the full implementation of the Syariah Penal Code threat- propagation of any religion other than Islam among ens to reinforce a social and political climate already Muslims and others, exposing Muslim children to hostile to religious freedom. Given that Muslims and non-Islamic faiths, and criticising Islamic religious au- non-Muslims already experience enormous pressure to thorities. The SPC also prescribes punishments for conform to Islamic norms – particularly Christians who helping people engaged in prohibited behaviours. Ac- reported workplace discrimination and occasional so- cording to Human Rights Watch, “all these provisions cial media hostility – the SPC is likely to create an even place non-Muslim religious believers and non-believers more repressive atmosphere in part through self-cen- in general in a disfavored status, and severely limits sorship, even if its provisions are not formally applied. their freedom of religion in violation of international hu- 18 The prospects for freedom of religion in Brunei, there- man rights law.” fore, are poor. Apparently responding to intense international criticism of the Syariah Penal Code, the Sultan of Brunei Has- sanal Bolkiah announced on 5th May 2019 “a de facto moratorium on the execution of death penalty for cas- es” arising under any part of the SPC. However, such a “de facto” moratorium permits the sultan to reinstate capital punishment at any time for capital crimes such as blasphemy, apostasy, sodomy, and adultery.19 | ACN - Aid to the Church in Need BRUNEI SOURCES / ENDNOTES 1 Brunei Darussalam 1959 (Rev. 2006), Constitute Project, https://www.constituteproject.org/constitution/Brunei_2006?lang=en (accessed 23rd October 2020).
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