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Brunei

Religious (Islamic) law is a leading source

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Brunei has two legal systems side by side: English common law and a system of Islamic law applied by Syariah courts. It is an absolute monarchy, with a Sultan who is head of state and head of government.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 1959 (parts suspended under emergency powers), and orders of the Sultan
  • Statutes and English common law, for most civil and commercial matters
  • Islamic law, applied in the Syariah courts to Muslims, including the Syariah Penal Code
  • Decisions of the Court of Appeal and the High Court

The main courts

  • The Supreme Court, made up of the Court of Appeal and the High Court
  • The Subordinate Courts: the Magistrates' Courts and the Intermediate Courts
  • The Syariah Courts: the Syariah Court of Appeal, the Syariah High Court and the Syariah Subordinate Courts

Becoming a lawyer

A law degree, a period of practical training, and admission by the High Court. Foreign lawyers may be admitted for particular cases.

What may surprise you

  • A Syariah Penal Code applies beside the civil criminal law, with different rules for Muslims.
  • Judges in the common-law courts often come from other Commonwealth countries.
  • The Sultan holds both executive and legislative authority.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Brunei as: Muslim, Common law, Customary. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

Sources last reviewed: October 2026.

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Brunei, consult a lawyer qualified there. Report a mistake.