Jurnal Ilmiah Hukum LEGALITY
Vol. 33 No. 2 (2025): September

Negotiating legal pluralism: Sharia and Civil Law integration in Brunei Darussalam

Muhammad Nur (Faculty of Sharia and Law, State Islamic University, Sunan Kalijaga, Yogyakarta, Indonesia)
Ibnor Azli Ibrahim (Faculty of Shariah, University Islam Sultan Sharif Ali, Brunei Darussalam)
Siti Maymanatun Nisa (Faculty of Sharia and Law, State Islamic University, Sunan Kalijaga, Yogyakarta, Indonesia)
Muhammad Adib Alfarisi (Faculty of Sharia, State Islamic Institute, Pontianak, Indonesia)
Dedy Afriadi (Department of Fine Art and Design, Institut Seni Budaya Indonesia Aceh, Indonesia)



Article Info

Publish Date
27 Sep 2025

Abstract

This study critically examines the integration of Sharia and civil law in Brunei Darussalam, focusing on institutional frictions, normative conflicts, and the challenges of balancing Islamic legitimacy with social cohesion. The research analyses structural tensions within the dual legal system and proposes actionable solutions to strengthen coherence and public trust. Employing a qualitative methodology that comprises document analysis, expert interviews, and case studies, the study examines the functioning pattern of coexistence between Sharia and civil law in practice and its implications for legal stakeholders. The findings reveal that the integration process generates structural ambiguities, overlapping jurisdictions, and uneven societal acceptance, particularly among women and non-Muslim minorities. These issues highlight the need for targeted reforms to ensure fairness and inclusivity. The study concludes that sustainable integration requires concrete steps: harmonising the Shariah Penal Code Order 2013 with the Civil Penal Code, revising discriminatory provisions in family law, and developing a Joint Judicial Guideline to clarify jurisdictional boundaries between Syariah and civil courts. By advancing these recommendations, the research emphasises that inclusive policy dialogue and cross-institutional collaboration must culminate in substantive legal reforms rather than rhetorical commitments. In doing so, it contributes to broader debates on Islamic legal reform and governance in Muslim-majority countries that are facing similar dynamics.

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Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...