Through an Islamic Lens

This chapter examines Brunei Darussalam’s plural regime of personal status laws through an Islamic lens, highlighting the inequalities embedded within its legal framework. While Brunei accommodates its religious and ethnic diversity by maintaining separate personal status laws for Muslims and non-Muslims, the system privileges Islamic law, particularly the Syariah, over civil and customary regimes. The analysis traces the historical foundations of Brunei’s legal pluralism, from pre-colonial adat practices to British colonial transplantations and contemporary codifications. It argues that under the national ideology of Melayu Islam Beraja (Malay Islam Monarchy), personal status laws reinforce patriarchal norms and religious hierarchy, positioning Muslim men at the apex of legal and social authority. Inequalities are identified in marriage consent, polygamy, divorce, custody, inheritance, and evidentiary rules, with women and non-Muslims disproportionately disadvantaged. These laws conflict with international human rights norms, particularly CEDAW and the CRC, both of which Brunei ratified with reservations. The absence of judicial review, a free press, or independent human rights institutions further restricts reform and debate. By situating Brunei within broader Southeast Asian legal and religious contexts, this chapter explores how state-endorsed Islamization consolidates political power and limits progress towards gender and religious equality in personal status law.