Family
Syariah Courts for Muslims, civil courts for everyone else
Family law divides by religion. The Islamic Family Law Order governs Muslim marriage, divorce and custody through the Syariah Courts. Non-Muslims marry and divorce under the Married Women Act and the Divorce Act in the civil courts. Conversion to Islam moves a person's family matters into the Syariah jurisdiction, which can create acute problems in mixed marriages.
Governing law
- Islamic Family Law Order, 1999 — Muslim marriage, divorce and custody.
- Divorce Act (Cap. 92) — Non-Muslim divorce in the civil courts.
In practice
Muslim marriages require the wali's consent and registration with the Syariah authorities. Polygamy is permitted for Muslim men subject to Syariah Court permission. Non-Muslim divorce requires grounds under the Divorce Act, heard in the civil courts. Custody follows Islamic principles of hadhanah in the Syariah Courts. A conversion mid-marriage shifts jurisdiction and is one of the most difficult scenarios in Bruneian family practice. Inheritance for Muslims follows faraid rules administered by the Syariah Courts, not the civil succession statutes.