Negotiating Legal Pluralism: Sharia and Civil Law Integration in Brunei Darussalam

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 systemandproposes actionable solutions to strengthen coherence and public trust. Employing a qualitative methodologythatcomprisesdocument analysis, expert interviews, and case studies, the study examinesthe functioning pattern of coexistence betweenSharia 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. Theseissues highlightthe need for targeted reforms to ensure fairness and inclusivity. The study concludes that sustainable integration requires concrete steps: harmonisingthe Shariah Penal Code Order 2013 with the Civil Penal Code, revising discriminatory provisions in family law, anddeveloping 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-majoritycountriesthat are facingsimilar dynamics

Publication Details

Journal
Digital Library UIN Sunan Kalijaga (Sunan Kalijaga State Islamic University)
Published
2025-09-01
Primary Topic
Islamic Finance and Banking Studies
Type
article
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article

Negotiating Legal Pluralism: Sharia and Civil Law Integration in Brunei Darussalam

Digital Library UIN Sunan Kalijaga (Sunan Kalijaga State Islamic University)
Islamic Finance and Banking Studies
article

Negotiating Legal Pluralism: Sharia and Civil Law Integration in Brunei Darussalam

article en

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 systemandproposes actionable solutions to strengthen coherence and public trust. Employing a qualitative methodologythatcomprisesdocument analysis, expert interviews, and case studies, the study examinesthe functioning pattern of coexistence betweenSharia 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. Theseissues highlightthe need for targeted reforms to ensure fairness and inclusivity. The study concludes that sustainable integration requires concrete steps: harmonisingthe Shariah Penal Code Order 2013 with the Civil Penal Code, revising discriminatory provisions in family law, anddeveloping 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-majoritycountriesthat are facingsimilar dynamics

Digital Library UIN Sunan Kalijaga (Sunan Kalijaga State Islamic University)
Openalex Percentile: Top 28%
Islamic Finance and Banking Studies
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