Challenges of the Insanity Defence:

Legal Perspectives on Mental Illness and Criminality in Brunei’s Dual Legal System

Nehaluddin Ahmad

Norarfan Zainal

Lilly Suzana Shamsu

Zheimie H. Zamri

 

Abstract: Mental health is a sensitive and culturally significant issue, with stigma often hindering recovery and raising concerns about justice for offenders with mental disorders, especially in Muslim-majority communities like Brunei. Recent statistics show a rise in individuals seeking mental health care, with 13,246 reported cases, indicating a growing crisis. The relationship between mental illness and criminality is intensely debated, with legal concepts like “legal sanity” central to criminal law. Mental health conditions can lead to human rights violations, threatening civil liberties, access to education, housing, and employment. Stigma and misconceptions exacerbate these issues, obstructing access to care and hindering community reintegration. Both Western and Islamic legal frameworks agree that individuals cannot be held criminally liable for their actions, and as medical knowledge evolves, so does the legal interpretation of insanity. This study aims to improve support for offenders with mental disorders while addressing the challenges of reconciling Western and Islamic legal systems. It explores tensions between Islamic legal principles and modern mental healthcare, particularly regarding the acceptance of testimony from non-Muslim psychiatrists. The study highlights procedural overlaps in managing offenders with mental disorders and examines the challenges of integrating Islamic medical ethics into Brunei’s dual legal system, including conflicts between confidentiality in Islamic medical practices and the legal framework. The paper advocates for a flexible approach, involving religious authorities and mental health professionals from diverse backgrounds, to ensure appropriate care while adhering to Islamic principles and cultural norms, offering new perspectives on mental health and justice in Muslim-majority countries.