Criminal
A Penal Code and a Sharia Penal Code operating in parallel
Brunei applies an English-derived Penal Code alongside the Syariah Penal Code Order 2013, whose phases were fully brought into force in 2019. The Sharia code provides hudud punishments including stoning and amputation for certain offences and applies to Muslims and, for some offences, to non-Muslims. A moratorium on the death penalty has been stated to continue, but the provisions remain law.
Governing law
- Syariah Penal Code Order, 2013 — Fully in force from 2019; hudud punishments.
- Penal Code (Cap. 22) — English-derived general criminal law.
In practice
The Penal Code (Cap. 22) governs ordinary criminal offences on English lines. The Syariah Penal Code Order 2013 applies in parallel, with Syariah Courts exercising jurisdiction. Some Sharia offences apply to non-Muslims, including offences relating to khalwat and to propagating other religions to Muslims. Criminal appeals end at the Court of Appeal; the Privy Council has no criminal jurisdiction here. Determining which code governs a given act is the first and most consequential question — the two carry entirely different penalties. Alcohol is prohibited for Muslims and its import by non-Muslims is tightly limited and must be declared.