Stoning Humanity: Sharia Law in Brunei
by Mirza Uddin
The Sultan of Brunei, Hassanal Bolkiah, has just instated Sharia law into his country, making Brunei the first East Asian country to adopt it. This change represents some of the harshest punishments in Brunei’s penal code, including caning, flogging, dismemberment, and even death by stoning.
The Sultan first announced the implementation of the new laws in October 2013. However, they were not put into effect until May 2014. The laws will be passed in several phases as stated by Sultan Bolkiah himself during an announcement to the Bruneian people on April 30, 2014 at the Plenary Hall International Convention Center in Berakas, a town in northern Brunei. “The first phase of the Sharia Penal Code Order 2013 will be enforced tomorrow, May 1st, 2014 which will be followed by the rest of the phases,” said the Sultan during the announcement. The first phase will include punishments for general state offenses including missing Friday prayers, indecent clothing, and out-of-wedlock pregnancies. Crimes such as these are punishable by fines as well as imprisonment. The second phase will be put into effect later this year and will include corporal punishments such as flogging and caning for crimes such as drinking intoxicants or having an abortion, as well as the amputation of limbs for crimes associated with theft. The death penalty and stoning to death for crimes such as rape, adultery, homosexuality, and sodomy will be part of the third phase, which will be introduced later next year.
Sharia is a complex legal system which stemmed from interpretations by Islamic scholars who used both the Quran and Fatwas—the rulings of Islamic Scholars—in developing the laws. Sharia law acts as a code for living that all practicing Muslims are encouraged to follow, including praying, fasting, and donating to the poor. Sharia law divides offenses into two general categories: “hadd” offenses, which are serious crimes with set penalties, and “tazir” crimes, where the punishment is left to the discretion of the judges. Hadd offenses include theft, which can be punishable by amputating the offender's hand, and adultery, which can carry the penalty of death by stoning.
Brunei is not completely new to sharia law and has long implemented some aspects of it. However, the parts of Sharia law present in the country before dealt with mainly civil matters, such as marriage, and did not include punishments nearly as severe as the one that will soon be part of the new penal code. However, Brunei is neither the first country to suggest stoning as a form of capital punishment nor is it the first country to implement Sharia law. Many countries throughout the world have included some aspects of it into their own penal codes, while a few countries have even applied the entire code. However even such countries apply the law differently. For example, in Sudan homosexuality receives the death penalty for men on the third offense and for women on the forth offense. However, in Mauritania men who engage in homosexual acts can be stoned to death, whereas women can only be sentenced to prison for engaging in such activities.
Sharia law divides crimes into two distinct sub-categories depending on the nature of the crime itself. However in none of these categories is a punishment for homosexuality specified, and as a result it is left to local authorities to determine the penalty. This is why even countries that have applied Sharia law into their individual penal codes do not have a consensus on the exact punishment for engaging in homosexual activities. Some countries, such as Sudan and Mauritania have penalties for men who engage in homosexual acts that are quite different from penalties that women face for taking part in homosexual activities. In the case of Brunei, Sultan Bolkiah has decided that the punishment for homosexuality will be death by stoning regardless of one’s sex.
The penalties outlined by the new Sharia laws are intended not only for Muslim citizens in Brunei, which accounts for 67% of the total population but also the non-Muslim minority. Once the Sharia law takes effect, non-Muslims will be prohibited from using nineteen words which, according to the Sultan, belong solely to the Islamic faith. These include everyday Islamic words, such as “masjid” (mosque) and “azan” (the Islamic call to prayer). This rule does not have much precedent, and amounts, essentially, to heightening the level of political censorship in the country. Sharia Law experts from the Ministry of Religious Affairs have also stated that non-Muslims can now also be jailed for up to six months and fined up to BN $2,000 (US $1,600) for wearing indecent clothing in public places. Virtually every citizen in Brunei, both Muslim and non-Muslim alike, will be impacted by these new laws in some way.
Within the authoritarian state of Brunei there is very little the citizens can actually do if they oppose such laws. Civil liberties are very constrained in the country and the high level of censorship impedes in the process of objective journalism. The Sultan is the absolute ruler of the nation and exercises complete executive authority under Brunei’s Constitution of 1959. Sultan Bolkiah serves not only as the head of the government, but also as the Minister of Finance and as the Minister of Defense. He is also the one who appoints the members of the Legislative Council (Brunei’s parliament) and is immune to any form of legal prosecution, making it next to impossible for anyone to truly question his actions.
But why is the Sultan instating Sharia laws now? Brunei is the world’s fifth richest country, boasting a high amount of oil and gas exports. Although recently oil exports have been steadily falling. The Brunei Times reports that crude oil exports fell 34% the past year, which led to an 11.8% decrease in overall exports. This sudden economic downturn has no doubt hurt Bruneian citizens throughout the nation, leading to concern for possibly higher crime rates. Such concerns may have prompted the implementation of Sharia law and its harsher criminal sanctions.
A local resident of Brunei wrote in a letter to the editor of The Brunei Times earlier this year that he looked forward for the Sharia penal code to reduce the increasing crime rates in the country. The letter to the editor also addressed critical views: “I find it funny how most people choose to focus on the draconian punishments. I mean, who in their right mind would want to get their hands chopped off in the first place, just for stealing? Who would want to be the first? And after the first, would they really be a second and third and more? It’s inhumane to chop a hand some people argue. So is it right to steal?” This Bruneian believes that the Sharia laws will deter crimes, as do many other Bruneians.
During his speech on the enforcement of Sharia law at Plenary Hall earlier in April, Sultan Bolkiah even went as far as to commend the citizens of Brunei, both Muslim and non-Muslim alike, as well as the Legislative Council for their full support of the new laws to be implemented into the penal code of the country. The Sultan stated in his speech, “I am very proud and happy with the response of the citizens and residents of this country who have expressed their full support including those who are non-Muslims.” However many non-Muslim citizens of Brunei have actually led an attack on the newly imposed Sharia laws mainly through the use of social media. Although criticizing the Sultan is forbidden in Brunei, many have taken the risk and continued the protests. The Sultan revealed his attitude in an official speech: “They cannot be allowed to continue committing these insults, but if there are elements which allow them to be brought to court, then the first phase of implementing the Sharia Penal Code Order in April will be very relevant to them.” The Sultan seems to be hinting that these new Sharia laws will be used to silence these protests and to cease the onslaught of criticism.
In fact one of Sultan Bolkiah’s primary justifications for imposing these new laws was to protect his Sultanate from outside influences, which he considers to be decadent and are apparently commonly found on the Internet. He claims that there are individuals, both in Brunei as well as in other countries, who wanted to see “internal turmoil”.xiv The Association of South-East Asian Nations (ASEAN), has been constantly challenging his plans, according to the Sultan. The Sultan has also said, “These parties, it seems, have attempted to mock the king, the Islamic scholars and sharia. They are using the new media, such as blogs, WhatsApp and so on, which are not just accessed by locals but also by those overseas.”iii He has even stated that the biggest threat facing Brunei today is the Internet and that an absolute Islamic monarch, such as himself, acts as a “strong and effective firewall” against the challenges of globalization.
But Brunei was once a British protectorate, and even though it has been an independent nation since 1984, it continues to have close ties with Britain. A regiment of the British army consisting of 1,000 men, the Royal Gurkha Rifles, is still stationed in Brunei and is paid for by Sultan Bolkiah himself. This army serves as a linchpin between the two countries, according to a briefing document published in 2013 about defense and security opportunities within Brunei by the U.K. Department for Business, Innovation and Skills. The document also stated that Brunei invested “a significant proportion of the country’s wealth through the City of London”. Britain’s Ministry of Defense has been discussing with Bruneian authorities if the new Sharia laws will impact the British troops in any way. The outcome of the talks was never publicized. Britain’s Shadow Defense Secretary, Vernon Coaker said, “We must have clarity about any impact the introduction of sharia law might have on UK forces and their continuing presence in Brunei.” However, a British spokesman for the Foreign Office has shed some light on the British view on these laws when he said, “We are concerned about Brunei’s decision to introduce a sharia criminal code. Ministers have raised questions about the law’s implications and pressed for a lenient approach.” With the introduction of Sharia laws, then, the Sultan may be alienating Britain, which happens to be a close ally of Brunei. Losing Britain as an ally could exacerbate Brunei’s economy even further.
Many organizations have begun to work together to try to stop the Sultan from passing the remaining phases of the Sharia law. Both human rights and gay rights activists have banded together to protest the laws in place in Brunei today. Hollywood celebrities supporting the boycott that has begun against the Dorchester hotel chain, which is owned by Sultan Bolkiah. Among these hotels are the Dorchester Hotel in London, and the Dorchester Beverly Hills Hotel. Even the Mayor of Beverly Hills has joined the cause in protesting Brunei’s new penal code. Mayor Bosse urged the city council to condemn Brunei's new laws and force the country to sell the Beverly Hills Hotel along with others owned by Brunei in the Dorchester Collection chain. As a result of the ensuing boycott, many organizations have cancelled major events originally planned to be held in the hotel. However, the boycott seems to have hurt the hotel employees far more than the Sultan of Brunei. The hotel employees believe that they should not be so heavily impacted by the laws that were implemented in Brunei.
Organizations, such as Amnesty International, have also oppoed the Sultan’s decisions to impose these laws. Many are opposed to the idea that acts such as adultery and homosexual activity are crimes that are punishable by death. “[The new laws] will take the country back to the dark ages,” said Amnesty’s regional deputy director, Rupert Abbott. He added that the law “makes a mockery of the country’s international human rights commitments and must be revoked immediately.”
The U.N. has also condemned the new laws and does not wish to see the third phase of the law to be put into action. The U.N. recently stated that it was “deeply concerned” about the addition of the harsh punishments to the Bruneian penal code because penalties such as stoning to death were classified under international law as “torture or other cruel, inhumane or degrading treatment or punishment.” The spokesman for the Office of the UN High Commissioner for Human Rights Rupert Colville stated in April that the revised penal code “may encourage further violence and discrimination against women” due to “deeply entrenched” stereotypes. According to Colville, a number of U.N. studies have revealed that women are more likely to be sentenced to death by stoning.
The new Sharia laws have also seen opposition from LGBT groups in Asia. The Asia Pacific Coalition on Male Sexual Health (APCOM) and Islands of South East Asian Network on Male and Transgender Sexual Health (ISEAN) released a point statement opposing the new penal code earlier this year in which they said, “it may open the floodgates for further human rights violations against women, children, and other people on the basis of sexual orientation and gender identity (SOGI). Penalty by death sentence contravenes several international human rights laws. Further, death by stoning constitutes torture or other cruel, degrading and inhumane acts of punishment, thus a clear infringement of international humanitarian principles and universal human rights.”
The International Commission of Jurists (ICJ) wrote in a letter to Sultan Bolkiah that it strongly disapproved the new rules, and if the laws are in fact implemented, they would lead to serious human rights violations. “Brunei has not implemented the death penalty for years, so it came as quite a surprise that the new law has reintroduced it,” said the ICJ’s Emerlynne Gil.
Yet the Sultan does not seem to deviate from his promise to implement the laws in Brunei. He said to legislators earlier in March this year the laws are a “great achievement for the country, and not a backward or old-fashioned step.” He also said, “People outside of Brunei should respect us in the same way that we respect them.”
It still remains unclear what the true intentions of the Sultan are behind imposing the laws. It could be a response to many Bruneian citizens who think these laws will aid in ensuring lower crime rates. It could also be the Sultan’s way of exercising more control in the country, increasing censorship, and eliminating dissenting opinions. However, the human rights violations that will be brought on by these new laws are quite clear and threatening.
​
​
​