SHARIAsource

Brunei lawmakers passed amendments to the Syariah Penal Code Order of 2013 in August 2018. The amendments define the term ‘practice or ceremony related to the religion of Islam’ and give examples, broaden the definition of ‘contempt of Islam’ to include disputing and questioning, and broaden ‘incitement to neglect religious duty’ to include any Islam-related practice or ceremony that is common in Brunei.

Brunei lawmakers gazetted the notification of commencement of the Syariah Courts Criminal Procedure Code Order of 2018 in December 2018, announcing that the Code would commence on January 1, 2019. 

Lawmakers in Brunei passed the Syariah Courts Criminal Procedure Code Order in 2018, and it took effect on January 1, 2019. The Code details procedures to be followed in implementing the country’s Syariah Penal Code Order of 2013, parts of which took effect in 2014 and the remainder of which took effect in 2019. The SCCPCO outlines the structure and jurisdiction of the Islamic (Syariah) courts as well as procedures for arrest, summons, warrants, trials, sentencing, implementation of punishment, and appeals.

This enactment of April 25, 1951, "regulate[s] the application in the State of the Common Law of England, the doctrines of equity and statutes of general application." It says that the common law of England, doctrines of equity and statutes of general application will be in force in the State, but subjects them to "such qualifications as local circumstances and native customs render necessary." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment of May 1, 1952, "establish[es] a code of criminal procedure." It appears to have borrowed certain material from a "corresponding Code in the Colony of Sarawak." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.