Brunei Places Moratorium On Death Penalty Under Sharia Code; Will Ratify Torture Convention

Earlier this year, the Sultan of Brunei announced further implementation of Sharia law in his southeast Asian country, including implementation of the provisions in Syariah Penal Code Order, 2013 (SPCO) on stoning for the offences of adultery and homosexual sex. (See prior posting.) Now, according to a Bloomberg News report on Sunday, the Sultan has announced a further moratorium on implementation of the death penalty. Borneo Bulletin has published portions of the Sultan's television address delivered over the weekend:

As evident for more than two decades, we have practised a de facto moratorium on the execution of death penalty for cases under the common law. This will also be applied to cases under the SPCO, which provides a wider scope for remission.

As we are all aware, Brunei Darussalam has begun to fully implement the SPCO on April 3, 2019. This is our religious obligation to Allah the Almighty as an Islamic country. The aim of implementing the law is to uphold the objectives of Syariah which are to protect religion, life, lineage, property and intellect....

In upholding our international commitments and obligations on human rights, Brunei Darussalam will be ratifying the United Nations Convention Against Torture (UNCAT). Both the common law and the Syariah law are aimed to ensure peace and harmony of the country. They are also crucial in protecting the morality and decency of the public as well as respecting the privacy of individuals.

Brunei Further Implements Its Sharia Penal Law-- The Details

There has been extensive coverage in the press in recent days regarding the Sultan of Brunei's further implementation of Sharia law in his southeast Asian nation.  Press coverage has focused on implementation of the provisions on stoning for the offences of adultery and homosexual sex. (CNN, ABC). Here is a closer look at the legal steps the nation has taken.

In 2013, Brunei adopted Syariah Penal Code Order, 2013 (full text). The law was to be implemented in stages, beginning with crimes involving only jail terms. Last December, the Ministry of Religious Affairs published a Notice (full text) of the remaining provisions that will go into effect April 3.  These are provisions in Chapter I of the law imposing Sharia penalties, among other things, for theft offenses (Sariqah, Hirabah), adultery (Zina), rape (Zina Bil-Jabar), sodomy (Liwat), apostasy (Irtidad), and drinking intoxicating liquors. Section 94 on pregnancy out of wedlock was excluded from the provisions taking effect.

A new Criminal Procedure Code (full text) was also ordered effective as of January 1, 2019.

Brunei Bans Public Christmas Celebrations That Are Displayed To Muslims

According to the International Business Times, yesterday the Brunei Ministry of Religious Affairs officially banned the public celebration of Christmas in the country, concerned that viewing such celebrations could damage the faith of Muslims. The ban implements a Dec. 27 Statement from the Ministry (full text) which says in part:

Muslims are prohibited from imitating the customs and practices of other religions that are related to matters of aqidah (faith). In a hadith ... Prophet Muhammad ... said, "Whoever imitates a people is one of them".

For example, in conjunction with Christmas celebrations, Muslim children, teenagers and adults can be seen wearing hats or clothes that resemble Santa Claus. Actions such as these can amount to an offence under Section 207 (1) of the Syariah Penal Code Order, 2013, that is performing or practicing a ceremony or act contrary to Hukum Syara’ [Syariah law] ....

Meanwhile, believers of other religions that live under the rule of an Islamic country – according to Islam – may practice their religion or celebrate their religious festivities among their community, with the condition that the celebrations are not disclosed or displayed publicly to Muslims.

Brunei Postpones Phase-In of Sharia Criminal Code

The small southeast Asian nation of Burnei has postponed implementation of a new sharia criminal code that had been scheduled to take effect today. According to AFP, no new date has been given for implementing the phase-in of sharia penalties that eventually will include flogging, severing of limbs and death by stoning. AFP says:

Burnei’s Sultan Hassanal Bolkiah — the driving force behind sharia — is visiting Singapore, and the government is believed to be waiting for the all-powerful Islamic monarch to return before introducing the sensitive legal code.

But the delay could feed perceptions of hesitation by the 67-year-old sultan — one of the world’s wealthiest men — who earlier this year faced a backlash from the country’s social-media-savvy citizens.