Life under SYARIAH law in Brunei

Just before noon on a recent Friday, businesses in Brunei's capital city shut down as men walk briskly towards the iconic Sultan Omar Ali Saifuddin mosque.

Those who fail to close shop until 2pm or Muslim men who do not attend compulsory congregational prayers on Fridays can be fined up to B$1,000 (S$1,000) under the controversial new syariah law that Brunei began implementing on May 1.

Two days later, life seems normal. A woman in tights and a sleeveless top goes for a Sunday morning jog past a group doing taiqi clad in short-sleeved tops, shorts and T-shirts at the Tasek Lama Recreational Park in Bandar Seri Begawan. In the streets, women wear everything from long pants and skirts to long or short-sleeved tops, some without headscarves.

Thus, while some aspects of life in Brunei are already changing under the syariah criminal code imposed by the country's ruler, Sultan Hassanal Bolkiah, others remain the same - so far. The code is being implemented in three phases, starting this month, stretched over three years to prepare the judicial infrastructure before full implementation. (See sidebar).

That news puts Brunei, which rarely makes headlines, in the same league as Sudan and Saudi Arabia, which are among a handful of countries practising the strictest form of syariah law allowing for extreme sentences ranging from stoning to death for adultery and apostasy, to amputation of limbs for theft.

Despite a relatively relaxed form of Islam in the past where even alcohol, though banned, has been sold and served by some in paper cups, many Bruneians accept this new law as they see their charismatic 67-year-old ruler as the father of the nation, a protector of Islam and therefore beyond reproach.

The oil-rich state, with 70 per cent Malays, 15 per cent Chinese and a smattering of Indians and indigenous groups, ranks as the world's 12th richest country with per capita income at US$54,800 (S$68,600). The Sultan, more than his nation, usually makes it into the news as he ranks among the richest men in the world.

So far the most obvious evidence of stricter adherence to Islamic laws occurs on Fridays. At an Indian restaurant near the Sultan Omar Ali Saifuddin mosque, people shout for takeaway orders of roti prata or fried noodles.

"You better order food now," said one of the coffee shop workers. "After 12pm, everything is shut."

For the next two hours, life comes to a standstill as shops and restaurants close for prayers.

While the government first ordered the Friday closings in November 2012, it was only when the Sultan imposed the syariah penal code this month that the authorities began to crack down in earnest.

One hotel manager, who declined to be named, said that while religious enforcement officers used to turn a blind eye when they served guests during Friday prayers, he was recently warned to stop. Now, the hotel advises its guests to order room service before the shutdown.

Mr K. Shanker, an Indian Bruneian business consultant, says outward signs that little has changed may be deceptive.

"Brunei looks the same after the stricter penal code was enforced, but it feels different," he says. "Publicly, people will support this but privately, there has been unease."

Mr Shanker is among those in Brunei's minorities who say the implementation of syariah criminal law has polarised the country along racial and religious lines. There has already been a global outcry from human rights activists, who say the country is taking a step backwards.

So far, it remains unclear just how strictly the new law will be enforced and how the country will decide what cases fall under the secular criminal courts, rather than the syariah ones. What is clear is that the government says those arrested cannot be tried twice in both courts.

Most of the 40 Brunei residents interviewed by The Sunday Times, including foreign workers, who refused to be named, were uneasy about the uncertainty. Some admitted already feeling the financial pinch.

"We can't afford to remain open and be fined," said Madam Cindy Kwa, a Chinese Bruneian as she was closing her television repair store one Friday, a day when people used to come round to her store in the town centre during lunchtime. "Who do we complain to?"

Others said they are not overly concerned.

Tudung-clad cosmetics salesgirl Maimoon Adli, 24, said: "I don't feel afraid. The harsh sentences are imposed only on criminals. Am I out to commit a crime?"

Mr Shaun Hoon says that while he has mixed feelings about the law and its impact, he feels safe in Brunei.

"My three-year-old daughter will grow up in an environment of low crime," he says. "I won't worry about her misbehaving or dressing sexily."

Many expatriates, including those working in the key oil and gas sector, have learnt to work around the new restrictions, making beer, karaoke and prostitution runs to thriving border towns of Miri and Kuala Lurah in neighbouring Sarawak, in Malaysia. Some organise private parties or drink in their homes.

Spooked by the mere mention of syariah, some Bruneians are already making exit plans or have left the country.

"This is not the ideals of a multi-ethnic country I envision living in," said a Chinese Bruneian who returned home after studying abroad but now plans to leave for Australia with his family.

"I am leaving with a heavy heart since it is my birth country," he says.

LAWS TO BE INTRODUCED IN 3 PHASES

As in Singapore and Malaysia, Brunei's main criminal code is based on English common law. The new syariah criminal code will sit alongside it.

"The Shari'ah Criminal Law comes from Allah while the Civil Criminal Law is man-made," wrote State Mufti Awang Abdul Aziz in a book issued by the Religious Ministry titled The Shari'ah Penal Code: An Introduction.

It is not yet clear how the two will interact.

Brunei's new Syariah Penal Code, which includes harsh punishments for some acts considered crimes in Islam, is being implemented in three phases to allow the establishment of the syariah criminal courts and training of officers.

The first phase, introduced on May 1, includes fines, imprisonment or both for eating, drinking or smoking during fasting hours, skipping Friday prayers (for men), or giving birth out of wedlock, all punishable by fines, imprisonment or both.

Phase 2 begins next May after the syariah criminal courts are set up and covers offences such as theft, for which penalties include whipping and the amputation of limbs.

Finally, from May 2016, those found guilty of crimes like sodomy and adultery will face the possibility of being stoned to death.

The chief law advisor at Brunei's Attorney General's Chambers Zuraini Sharbawi said most cases will likely end up in civil courts because the harsh penalties meted out under syariah criminal law require a higher burden of proof.

Tough punishments for offences like adultery and drinking alcohol apply to all in Brunei but some penalties for religious violations apply only to Muslims.

In a chapter on adultery, the book by the Religious Ministry states that the syariah criminal court needs four men to have witnessed the sex act, and they have to be of good character.

The State Mufti has sought to downplay the international condemnation, saying "non-Muslims will continue to ridicule it as it is impossible for them to accept it".

Much of the outcry over the new syariah law is the result of "widespread misunderstanding about what constitutes the Islamic law; and ignorance breeds fear", says the Religious Ministry in an excerpt from its book.

The ministry has briefed 40,000 people, including community leaders, foreign residents and diplomats, or about 10 per cent of the population, said Mr Khairol Azli, a spokesman for the Prime Minister's Office. -Asiaone