SHARIAsource

This enactment of August 3, 1948, "provide[s] for the solemnization and registration of church and civil marriages." It deals with all marriages except those "contracted according to the usages of the Mohammedans, Hindus, Buddhists, Dayaks and other persons governed by their own laws or customs." It names neither the Sultan nor the British Resident, and does not specify an author or enacting authority.

This enactment "consolidate[s] the law relating to the Religious Council and State Custom, the Kathis Courts, the constitution and organization of religious authorities and the regulation of religious affairs." It was enacted by the Sultan in Council and during the Residency of J.O. Gilbert, to take effect on February 1, 1956. It establishes a Religious Council (Majlis) and defines its composition, powers and responsibilities. It also establishes the jurisdiction and procedure of the Religious Courts in Brunei, and has sections on family law, criminal law, and laws of religious observance. Its provisions are divided into ten parts and 204 sections.

Brunei’s Second Minister of Foreign Affairs addressed this letter to the Special Procedures Branch of the UN Office of the High Commissioner for Human Rights on April 8, 2019, responding to an April 1, 2019 letter asking that the Syariah Penal Code Order of 2013 be repealed. The letter starts by affirming Brunei’s commitment to international human rights law. It then argues that the Code is acceptable given the local context: Brunei is a small country, Islam has been the official religion for centuries, and religious values underly the Brunein identity, and Brunei has the sovereignty to enforce laws reflecting its cultural and religious values. It also states that the Syariah criminal law system is focused more on prevention than punishment, that the Code does not criminalize any sexual orientations or same-sex relations, and that the most severe punishments require a standard that is so high that it would be extremely difficult to satisfy.

Note: Authors' name is written differently on the cover letter and on the country's official site. In the long form field, his name is written as on the official site.

A group of UN officials, principally Special Rapporteurs, wrote this letter to Brunei lawmakers on April 1, 2019 expressing concerns about the Syariah Penal Code Order of 2013 and asking that it be repealed. The letter starts by listing prior communications between the UN and Brunei regarding the Code, summarizing the aspects of the Code it considers objectionable, and discussing the international human rights standards that it holds that the Code violates. It then urges that Brunei’s government revoke and repeal the Code, contending that it would not be in conformity with international human rights law. It concludes with inquiries for further information.