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The politics of Brunei take place in a framework of an absolute monarchy, whereby the Sultan of Brunei is both head of state and head of government. Brunei is the only ruling state with an absolute monarchy in Southeast Asia. As of 2023, Brunei is one of seven monarchic dictatorships in the world. [1]
British rule over the Sultanate of Brunei was in place from 1888 until the Japanese occupied the region during World War II, and then it returned to British rule in 1945. With Britain in charge of military and international affairs, Brunei attained self-government in 1959 and complete independence in January 1984 as a result of the 1979 Treaty of Friendship and Cooperation. Since gaining its independence, Brunei has operated as a constitutional monarchy under the auspices of the Melayu Islam Beraja (MIB) state philosophy, which combines Islamic law, Malay culture, and monarchical rule. [2] [3]
Prior to the independence of Brunei, the state is subject to by the 1959 Brunei Constitution as a British protected state. The Sultan holds absolute power in the state for administrative purposes. As the ruler of Islam, he does not wield all of the authority by himself. [4] Since 1962, Brunei has had a state of emergency that is renewed every two years, during which time the Sultan retains absolute authority. [5]
When Brunei regained full independence on 1 January 1984, the Sultan became prime minister, minister of finance, defence, foreign and home affairs, leading a six-member government. [2] In October 1986, he appointed additional ministers for finance and home affairs, expanding the cabinet to eleven members. A 1988 cabinet change promoted the deputy minister to a full minister and established the Ministry of Industry and Primary Resources to promote national growth. [3]
About half of monarchic dictators suffer serious consequences such as death and imprisonment, Brunei is lauded as one of the most stable dictatorships. [6] Due to their rarity, the outcomes of monarchic dictatorships are not well studied and through preference falsification, contentment with the Bruneian sultan and government may be overestimated, but up to this point, there are no known organized or small-scale efforts against the ruling government. [7] Due to high oil revenue, Brunei has been able to provide extensive social services to its population, including free education and health care. [8]
Welfare provision is a strong method for the Bruneian regime to exercise nonviolent political control, as citizens are reliant on the state both for employment and social services. [9] Brunei’s exhaustive provision of welfare raises the cost of protest and constitutes a means to maintain credible commitment. [10] Brunei derives regime stability and legitimacy from a combination of welfare and religious authority through the national philosophy of Melayu Islam Beraja. [11]
Prior to the independence of Brunei, the state is subject to by the 1959 Brunei Constitution as a British protected state. Sultan Omar Ali Saifuddien III established five councils—the Religious Council, the Privy Council, the Executive Council, the Legislative Council, and the Council of Succession—in accordance with the 1959 Brunei Constitution. The Sultan's judicial powers are within the jurisdiction of the Judiciary, an independent authority. [4]
According to the constitution, all executive subjects and those scheduled for presentation at Legislative Council sessions are reviewed by the Executive Council. Eleven people make up this group: the High Commissioner, six ex-officio members, and four unofficial members who are also Legislative Council members by appointment. The Sultan serves as its head. [4]
According to the constitution, the privy council advises the sultan in the matters concerning the exercise of authority of mercy and the amendment or revocation of provisions in the constitution. The council also advises the sultan on the conferring of Malay customary ranks, titles and honours. It also performs functions such as proclaiming a succession of regency. Members of the privy council include members of the royal family and senior government officials. [13] [4]
The constitution states that, in the event that it becomes necessary, the council will decide who will succeed to the throne. In charge of it is Duli Pengiran Bendahara . The cheterias, four menteris, six members of the Religious Council, and every Malay member of the Executive Council make up its membership. [4]
The Religious Council counsels the Sultan on all subjects pertaining to Islam in his function as the Head of the Islamic Faith. The State Religious Affairs Officer serves as chairman or president. [4] Members of the council include government ministers, a pengiran cheteria, pehin manteris, state mufti, the attorney general, the syarie chief justice and additional members appointed by the Sultan. [14]
A council of ministers, or cabinet consists of nine members (including the sultan, as prime minister), perform the day-to-day administrative functions of government. [15] In addition to developing and distributing working documents to the Cabinet Ministers' Council members, the primary duty is to advise the Sultan on matters of national administration, including policy approval. [16]
The Legislative Council (Malay : Majlis Mesyuarat Negera) is empowered by the constitution to create laws, oversee budgets, and voice objections to actions taken by the executive branch. The speaker is in charge of it when it convenes in public. Ten official members, nineteen unofficial members, and six ex-officio members make up this council. [4] The sultan appoints the council's members, and the unicameral body has no political authority. Since 1962, Brunei has not conducted direct parliamentary elections. Village-level councils are elected and have a consultative function; nevertheless, the government screens the candidates. [17]
The appointed Legislative Council questions and answers with government representatives and formally approves the state budget, while having no independent authority. The council convenes once a year for a roughly two-week session. Nonetheless, the Bruneian government's activities generally lack transparency. [17] In 2004, the sultan announced that for the next parliament, 15 of the 20 seats would be elected. However, no date for the election has been set. [18]
Since 13 January 2017, the council has 33 members, including 13 cabinet ministers. [19]
The lack of national elections in Brunei limits legitimate political involvement and keeps opposition forces from rising to prominence, allowing the Sultan to retain his position of power. Social movements offer restricted channels for contesting unpopular policies; yet, racial and religious minorities have little chances to get involved in politics, even locally. [17] Although there are no elections, the following legal party exists:
Former parties include:
Brunei founded by the English Common Law, and must abide by the same equity doctrines and general application legislation as of 25 April 1951, according to the Application of Laws Act Chapter 2. Only to the extent permitted by regional conditions and customs are these laws implemented. English common law-based contract law and equity concepts are codified in the Contracts Act Chapter 106 and the Specific Relief Act Chapter 109. [23] The magistrate's courts make up the subordinate court, while the high court and the court of appeals compose the supreme court. [24] The court of appeal, the last court of appeal in criminal matters, hears appeals. Nonetheless, in civil disputes, the UK's Privy Council may hear appeals. [25] The Sultan appoints judges to three-year tenure. [24]
Alongside the supreme court, a Syariah court adjudicates cases pertaining to Islamic law. In many locations, Syariah Law takes precedence over civil law for Muslims. The intermediate court was founded in 1991 and has broad authority in both civil and criminal cases, albeit it does not handle capital cases. [26] Brunei's Syariah courts now have more jurisdiction thanks to the introduction of the Syariah Penal Code Order 2013 in April 2014. These courts, which were formerly restricted to Muslim personal law cases, are now able to hear cases involving serious crimes like murder, rape, and theft that were previously handled by civil courts. As a result, the new Syariah Penal Code Order 2013 and the current Penal Code Chapter 22 both govern Brunei's criminal justice system. [23]
The Government of Brunei is the union government created by the constitution of Brunei where by the Sultan of Brunei is both head of state and head of government. Executive power is exercised by the government. Brunei has a legislative council with 36 appointed members, that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty Hassanal Bolkiah, is the head of state with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as "Melayu Islam Beraja" (MIB), or Malay Islamic Monarchy. The country has been under hypothetical martial law since a rebellion occurred in the early 1960s and was put down by British troops from Singapore. The Seat of the Government is located in Bandar Seri Begawan, Brunei.
Omar Ali Saifuddien Sa'adul Khairi Waddien was the 28th Sultan of Brunei, reigning from 1950 until his abdication in 1967 to his oldest son, Hassanal Bolkiah.
The Legislative Council of Brunei is a national unicameral legislature of Brunei. The council comprises 36 appointed members, that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty Hassanal Bolkiah is the head of state with full executive authority, including emergency powers since 1962. The Council holds its sitting annually in March at the Legislative Council Building in Bandar Seri Begawan.
The prime minister of Brunei is the head of government of Brunei. Concurrently, the title is held by the sultan of Brunei, who as sultan is also the head of state of the country. The prime minister, minister of foreign affairs, minister of finance and economy, and minister of defence are all the Sultan of Brunei. He is Brunei's Supreme Executive Authority in his capacity as the Sultan and Yang Di-Pertuan. The Privy Council, the Council of Succession, the Religious Council, the Council of Cabinet Ministers, and the Legislative Council support him in carrying out his responsibilities.
Melayu Islam Beraja was officially proclaimed as the national philosophy of Brunei on the day of its independence on 1 January 1984 by Sultan Hassanal Bolkiah.
The Council of Cabinet Ministers is the body of high-ranking Brunei officials, consisting of the top leaders of the executive branch of Brunei government. Led by the Sultan himself, who has also been the Prime Minister of Brunei since 1984.
The constitution of Brunei states that while the official religion is the Shafi'i school of Sunni Islam, all other religions may be practiced "in peace and harmony." Apostasy and blasphemy are legally punishable by corporal and capital punishment, including stoning to death, amputation of hands or feet, or caning. Only caning has been used since 1957.
The Ministry of Religious Affairs (MORA or MoRA; Malay: Kementerian Hal Ehwal Ugama, KHEU) is a cabinet-level ministry in the government of Brunei which is responsible for the propagation of Islam and its upholding as the state religion, as well as oversees the Islamic religious education in the country. It is currently led by a minister and a deputy minister, whereby the incumbents are Badaruddin Othman and Pengiran Mohammad Tashim respectively. The ministry is headquartered in Bandar Seri Begawan.
Hassanal Bolkiah Muiz'zaddin Wad'daulah is Sultan of Brunei since 1967, and prime minister of Brunei since its independence from the United Kingdom in 1984. He is one of the few remaining absolute monarchs in the world.
The Constitution of Brunei, officially Constitution of the State of Brunei, was created in 1959. Ultimate authority rests with the Sultan, who is both head of state and head of government. In 2004 the Sultan approved a number of amendments to the constitution, including provision for a partially elected Legislative Council. As of 31 December 2018, elections had not been held.
The Most Eminent Order of Islam Brunei, also translated as The Most Illustrious Islamic Religious Order of the State of Brunei, is an order of Brunei. It was established on 1 August 1968 by Sultan Hassanal Bolkiah for service in the propagation, preservation and strengthening of the Islamic religion.
Pengiran Anak Kemaluddin was a nobleman, politician and teacher from Brunei who served as the sixth Speaker of the Legislative Council of Brunei (LegCo), Member of the Privy Council, and the head of the Department of Religious Affairs. He was the founder of several Arabic schools. The institutions included the Seri Begawan Religious Teachers College, the Raja Isteri Pengiran Anak Damit Girls' Secondary Arabic Religious School, and the Hassanal Bolkiah Boys' Arabic Secondary School.
The Privy Council is a formal body of advisers to the monarch of Brunei. When His Majesty appoints people to posts with traditional ranks, titles, and honours, the council provides advice.
Abdul Aziz bin Haji Umar, also sometimes referred to as Pehin Abdul Aziz Umar, is a Bruneian aristocrat and politician whom had a wide range of positions in the Government of Brunei. Before to that, he served as the Minister of Communications, the Minister of Education, and the Minister of Health. His last position was as Minister of Education, which he held from 1988 until 24 May 2005. He served in the civil service beginning with his first appointment in 1964 and held a number of roles from that time until Brunei's independence in 1984, including acting Chief Minister.
Mohammad Zain bin Haji Serudin, pen name Shukri Zain, is a Bruneian aristocrat, politician and poet who formerly held the position of Minister of Religious Affairs from 1986 to 2010. He has traveled abroad and made significant literary contributions to Malay-Islamic literature, including Islamic poetry and usage of his own Malay language to convey his poetic ideas. He also was the leader or president of the Brunei Youth Council (BYL), and a member of the Privy Council.
Badaruddin bin Haji Othman, pen name Badaruddin H.O., is a Bruneian aristocrat, politician and diplomat who is the incumbent Minister of Religious Affairs (MoRA) since 2015. He also formerly held the position of Minister of Home Affairs (MoHA) from 2010 to 2015. Within the limited group of political leaders, Pehin Abdul Aziz bin Umar and Pehin Badaruddin were regarded as the two primary proponents of the Melayu Islam Beraja (MIB) philosophy and the heads of the more orthodox Islamic faction.
Yahya bin Haji Ibrahim, pen name Yahya M.S., was a Bruneian aristocrat, poet and politician who served as the Deputy Minister of Religious Affairs from 1986 to 2005, and the Chief Syar’ie Judge. He had a career in the government service of Brunei, in which he held a number of important positions such as being a member of the Privy Council of Brunei. Additionally, he was considered one of the first to write Islamic poetry in the country.
Abdul Hamid bin Bakal was a Bruneian aristocrat and Muslim scholar who held several high-ranking and important positions in the Government of Brunei.
The Jabatan Adat Istiadat Negara is a government department under the Prime Minister's Office that functions to guarantee the constant maintenance of Royal Customs. It has been translated literally as the Office of State Customs, the Department of the State Customs or the State Department of Customs and Traditions, even though it does not have an English name. In order to guarantee that the practice and implementation, particularly the Istiadat Diraja, are always in accordance with the philosophy of Melayu Islam Beraja, preaching and teaching the public through lectures, briefings, and workshops on Adat Istiadat (Customs) are regularly held.
Although Brunei attained full independence in 1984, it was able to establish autonomous government in 1959. According to the Constitution of Brunei, the Sultan of Brunei has a great deal of political authority and can reject the choices made by the Executive Council as long as he justifies it in writing. The Privy Council, which counsels the Sultan on questions of compassion, constitutional modifications, and honorific designations, the Legislative Council, which is supposed to consist of both elected and appointed members, and District Councils were also formed under the constitution. As the head of state and religion, the Sultan Brunei is in charge of the legislative, executive, and judicial departments of government. Brunei is a unitary state with a constitutional monarchy. Islam is the recognised state religion.
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