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
Afghanistan, Bahrain, Bangladesh, Egypt, Gambia, Iran, Kuwait, Libya, Malaysia, Maldives, Mauritania, Morocco, Oman, Pakistan.
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.

