Sultan of Brunei unveils strict sharia penal code
-
Fines and jail terms for offences such as indecency and failure to attend Friday prayers, with future penalties to include flogging and death by stoning.
The sultan of oil-rich Brunei has announced the introduction of tough Islamic criminal punishments, pushing ahead with plans that have sparked international condemnation and rare domestic criticism of the fabulously wealthy ruler.
"With faith and gratitude to Allah the almighty, I declare that tomorrow, Thursday 1 May 2014, will see the enforcement of sharia law phase one, to be followed by the other phases," the absolute monarch said in a royal decree on Wednesday.
Plans for the sharia penalties – which will eventually include flogging, severing of limbs and death by stoning – triggered condemnation on social media sites in the tiny sultanate earlier this year.
Confusion has swirled around implementation of the punishments following the unexplained postponement of an expected 22 April start date that raised questions over whether the Muslim monarch was hesitating.
But 67-year-old Sultan Hassanal Bolkiah – one of the world's wealthiest men – said in his decree that the move was "a must" under Islam, dismissing "never-ending theories" that sharia punishments were cruel in comments clearly aimed at detractors.
"Theory states that Allah's law is cruel and unfair but Allah himself has said that his law is indeed fair," he said.
The initial phase beginning on Thursday introduces fines or jail terms for offences ranging from indecent behaviour, failure to attend Friday prayers, and out-of-wedlock pregnancies.
A second phase covering crimes such as theft and robbery is to be implemented later this year, involving more stringent penalties such as severing of limbs and flogging.
Late next year, punishments such as death by stoning for offences including sodomy and adultery will be introduced.
The monarch's wealth – estimated three years ago at $20bn by Forbes magazine – has become legendary, with reports of a vast collection of luxury vehicles and huge, gold-bedecked palaces.
The monarchy was deeply embarrassed by a sensational family feud between Hassanal and his younger brother Jefri Bolkiah over the latter's alleged embezzlement of $15bn during his tenure as finance minister in the 1990s.
Court battles and exposés revealed salacious details of Jefri's jetset lifestyle, including allegations of a harem of western paramours and a luxury yacht he owned called "Tits".
Bruneians enjoy among the highest standards of living in Asia due to the country's energy wealth, with education, medicine and other social services heavily subsidised.
The sultan first proposed the sharia penal code in 1990s, and in recent years has increasingly warned of rising crime and pernicious outside influences including the internet. He has called Islam a "firewall" against globalisation.
He announced the implementation plans in October.
Brunei is the first country in east or south-east Asia to introduce a sharia penal code on a national level.
Situated on Borneo island, which it shares with Malaysia and Indonesia, the small state already practised a relatively conservative form of Islam compared with its Muslim-majority neighbours, banning the sale of alcohol and restricting other religions.
Muslim ethnic Malays, who make up about 70% of the population, are broadly supportive of the move by their revered father-figure.
But some Malays and non-Muslim citizens privately express unease. About 15% of Brunei's people are non-Muslim ethnic Chinese.
Earlier this year, many users of Brunei's active social media – the only avenue for public criticism of authorities – denounced the penal code as barbaric and out of step with the gentle Bruneian national character.
The move could indicate the sultan is becoming more conservative as he ages, said Joseph Chinyong Liow, a Singapore-based professor of Muslim politics.
"The sultan himself is at a point where there is a need to come to terms with religious identity, both personally and for the country," he said.
Liow said the sultan may have viewed sharia as a popular step, as support grows among some Muslims in south-east Asia for a post-colonial return to Islamic roots.
Brunei's legal system currently features civil courts along with sharia-compliant chambers handling non-criminal issues such as marital and inheritance cases.
The UN's human rights office said this month it was deeply concerned about the changes, adding that women typically bore the brunt of punishment for crimes involving sex.
"It's a return to medieval punishment," said Phil Robertson, deputy Asia director for Human Rights Watch. "It's a huge step back for human rights in Brunei and totally out of step with the 21st century."
Officials have said judges will face high burdens of proof, and will have wide discretion to avoid sharia punishments.