Shari’ah Administration in Brunei Darussalam:

From the British Residency to the Present

Nehaluddin Ahmad

Faizah Rahim

 

Abstract: This article examines the historical evolution and institutional development of Shariah legal administration in Brunei Darussalam from the establishment of the British Residency in 1906 to the contemporary implementation of the Syariah Penal Code Order. The study asks how Islamic legal institutions in Brunei transformed from a restricted jurisdiction under the British residency and protectorate framework into an increasingly structured and constitutionally embedded system within a modern dual legal framework. Using historical, doctrinal, and comparative methods, the article analyses key legal milestones including the Mohammedan Laws Enactment of 1913, the post-war reorganisation of Qadi courts, the Religious Council and Kathis Courts Enactment 1955, the constitutional transformation under the 1959 Constitution, and the institutional expansion of Shariah courts following independence in 1984. Particular attention is given to the ideological role of Melayu Islam Beraja (Malay Islamic Monarchy) in shaping Brunei’s legal identity and the gradual process through which Islamic legal principles have been incorporated into state legislation. The article argues that the development of Shariah administration in Brunei has occurred through a deliberate process of institutional consolidation rather than abrupt Islamisation. Residency-era legal structure initially confined Islamic law to personal status matters, but post-independence reforms progressively expanded the jurisdiction, professionalism, and legislative authority of Shariah institutions. The Syariah Penal Code Order 2013 represents the most visible phase of this development, although its implementation operates within a continuing dual legal system where civil and Shariah courts coexist. By situating Brunei’s experience within the broader Southeast Asian context, the article contributes to comparative debates on Islamic governance, legal pluralism, and the interaction between religious law and modern state institutions.