6. DESARROLLO DEL TRABAJO
6.2. ESTRUCTURA ORGANIZACIONAL
His Majesty Sultan Omar Ali Saifuddien (the 28th Sultan of Brunei) played a
highly influential role in developing Brunei in many aspects; in administration, education, economy, construction and more importantly in religion. With his effort and
leadership, the position of Islam in Brunei has become strong and stable.164 Many steps
have been taken toward achieving this since he ascended the throne. Among the most important are the formation of a written constitution for Brunei as a basis for the administration of the internal affairs of the country which has also included the aspects of
Islamisation of Brunei itself;165 and the strengthening of the status of the MUIB as a
supreme council that assists the Sultan in laying the groundwork with regard to Islamic affairs.166
164 Othman, A Review on: The Implementation, 56 165 Haji Serudin, Brunei: An Islamic Nation, 58 166 Othman, A Review on: The Implementation, 56
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The Constitution of Brunei 1959
The Brunei Constitution167 makes it clear that the official religion of Brunei is
Islam.168This constitutional requirement was not a new matter in the religious life of
Bruneians as Islam had long taken its root in the state since the 13th century when the first
Sultan converted to Islam. It is just an emphasis that Brunei shall continue to make Islam a way of life in its community where not only the culture, progress, management and administration, but also the state law need to be based on Islamic teaching. This has been clearly declared in the Constitution which states as follows:
For the purpose of this Article, His Majesty the Sultan may, after consultation with the MUIB, but not necessarily in accordance with the advice of that Council,
make laws in respect of matters relating to the Islamic Religion.169
MUIB is the ruling body that has the most authority to advice and guide His Majesty the Sultan in making and formulating Syariah law in the country. However, the fact that the Constitution clearly says that Islam is the official religion of Brunei does not necessarily mean that the rights of other believers are denied. There is in fact a “freedom of religion” clause. Article 3(1) state the following: “The official religion of Negara Brunei Darussalam shall be the Islamic Religion: provided that all other religions may be practised in peace and harmony.” This shows that the Constitution protects freedom of religion, even though there are some restrictions especially those matters that involve the propagation of any religious belief among persons professing the religion of Islam. Recognizing religious freedom for non-Muslims should be taken to mean that the
167 Since 1959, the Constitution has been subjected to a number of important amendments, in particular in
1971, 1984 and most recently in 2004. A newly revised Constitution was published in 2004 incorporating all the amendments that had been made since its birth year of 1959.
168 Art. 3 169 Ibid
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Constitution has stressed on harmony between Syariah laws and Civil laws so as to create an atmosphere where distinct ethnic and religious groups and society are able to be
appreciated and tolerated effectively.170
Briefly, the background of the Brunei Constitution can be traced back to when Sultan Omar Ali Saifuddien III formed a seven-member committee named Tujuh Serangkai (Seven Leading Malays) in 1953, aimed at conducting research and analysis, among other things to find out the Citizens’ reactions towards the Government’s proposal
in establishing a written Constitution for Brunei.171 It was not until six years later that the
draft of the Constitution was completed and subsequently put forward in London by the Sultan himself for further discussion and negotiation. The drafting process took years to be finalised when ultimately a legislator from Malaysia came to the state to take over the
drafting works.172 Finally the signing of the Constitution Agreement between Sultan
Omar Ali Saifuddien III and Sir Robert Scott, the Commissioner-General for Southeast
Asia took place on 29 September 1959 at Lapau, Bandar Seri Begawan, Brunei.173 Since
then, the Constitution has continued to shape the country’s governing basis and provide the underlying principles for its administrative system until the country stepped forward and gained full independence in 1984.
170 DSLJ Prof. Dr Anwarullah Shafiullah, Shariah Laws: Implementation and Harmonization, International
Seminar on Islamic Law with the Theme of “Towards an Implementation of Syariah Law.” Brunei, 2010, 1-2
171 J.O. Gilbert, State of Brunei, Annual Report 1953, 2, as cited in Pg Hj Abd. Rahman, Islam di Brunei Darussalam, 332
172 Pelita Brunei (Official Newspaper of Brunei Government), No. 37, Year 31, issuance of 10th September
1986, 8, as in Pg Hj Abd Rahman, Islam di Brunei Darussalam, 332
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I will highlight some of the important points contained in the Constitution. It sets out that the supreme executive authority vests in His Majesty the Sultan who is also the
Prime Minister of Brunei.174 This is a clear indication that the Constitution has put an end
to the direct rule of the British Government in the internal affairs of the state of Brunei. The post of Resident is abolished and replaced by a British High Commissioner. In governing the country, several councils were created by the Constitution namely the
Privy Council,175 the Council of Ministers,176 the Legislative Council177 and the Council
of Succession. In short, all the basic orders, structures, functions, responsibilities and the underlying principles of the governing authorities are premised on what is prescribed in the Constitution.
The Establishment of the Islamic Religious Council of Brunei
Islamic Religious Council Brunei or MUIB (Majlis Ugama Islam Brunei) is the highest Islamic authority in charge of Muslim affairs in Brunei, and was established as a statutory body in 1956 when Religious Council and Kadhi’s Court Act (Cap 77) came into effect. Under the RCKCA (Cap 77), the MUIB is to aid and advise His Majesty the Sultan as the head of religious matters relating to Islam in Brunei. With its distinctive position, MUIB has supreme authority in making and determining policy with regards to Islamic affairs and administration in Brunei. In this regard, the Council of MUIB is the overall decision-making body and is responsible for the formulation of policies and
174 Art. 4 175 Art. 5 176 Art. 1 177 Art. 23
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operational plans. All members of the Council are appointed by His Majesty the Sultan. The Council comprises the President and the vice president of MUIB, the Mufti of
Brunei, and not less than six other members178 who include the Religious Adviser and the
Secretary of MUIB.179 All council members appointed by His Majesty the Sultan and are
deemed to be public servants defined by the Penal Code.180 It is a statutory requirement
that a copy of the minutes of all meetings of the MUIB be sent to His Majesty the
Sultan.181
In addition to the major role as a Syariah advisory body, the RCKCA (Cap. 77) lists the several functions of the MUIB in the administration of matters relating to the
Muslims of Bruneiincluding waqf,182 nazr,183 trust property,184 zakat185 and fitrah,186 and
the promotion of Islam and the Muslim community in Brunei. Among other things, MUIB is also the sole trustee of all mosques within Brunei, and further is responsible for
the maintaining of those mosques in a proper state.187 More importantly, the appointment
of any Brunei religious authorities like Syariah Court judges of any level of courts,188
178 RCKCA (Cap. 77), s 13 179 s 18 180 s 35 181 s 27(3) 182 s 100
183 Defined under s 2 of the Act as an expressed vow to do any act or to dedicate property for any purpose
allowed by Muslim law
184 s 100
185 s 123, and is defined under s 2 of the Act as the tithe of the crop payable annually under Muslim law in
respect of padi land, subject to the exemptions prescribed by the Act
186 Defined under s 2 of the Act as the amount of rice payable under Muslim law annually by every Muslim
at the end of the month of Ramadhan to be used for religious or charitable purposes recognized by Muslim law.
187 RCKCA, (Cap. 77), s 125
188 The appointment of Chief Syariah Judge is stipulated under s.8 of SCA, Cap. 184, while the
appointment of Syariah Appeal Court Judges is under s 9, s 10 of the Act is for the appointment of Syariah High Court Judges and finally Syariah Subordinate Court Judges are appointed based on s 11
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Syariah prosecutors,189 Religious Enforcement Officers,190 Imams,191 Jurunikah192 and so
on are all under the power of MUIB to make. As provided under the Halal Certificate and Halal Label Order 2005 and Halal Meat Act (Cap. 183), MUIB is vested with the powers to act as the sole authority to administer and regulate Halal certification in Brunei. In short, the role of MUIB is to ensure that the many and varied interests of Brunei's Muslim community are taken care of religiously, socially, economically, educationally and so on, in accordance with the principles and traditions of Islam as enshrined in the Quran and Sunnah.