1. Introduction
a. History and background
Brunei Darussalam (‘Abode of Peace’) is situated on the
north-west coast of Borneo Island. The sultanate is one of the
oldest ruling dynasties in Asia. Brunei became a British
Protectorate State in 1888, and on 23 February 1984 assumed full
independence as a sovereign nation. A Council/Cabinet was
established with His Majesty the Sultan and Yang Di-Pertuan of
Brunei Darussalam taking the office of Prime Minister, and later
other ministerial positions. The constitution establishes Brunei as
a Malay Islamic Monarchy.
The currency of Brunei is the Brunei dollar (BND), which is tied
to the Singapore dollar (SGD).
b. Legal system
Brunei’s legal system is based on English common law. Islamic
Shariah law also applies to areas such as Islamic banking and
finance, matrimonial cases, probate and administration of estates,
and other matters pertaining to Muslim law. Brunei has an
independent judiciary, a body of written common law judgments and
statutes, and legislation enacted by the Sultan. The local
magistrates’ courts try most cases. More serious cases go before
the High Court, and in cases of appeal to the Court of Appeal
presided over by United Kingdom judges, as arranged between the UK
and Brunei. Final appeal in civil cases can only be made to the
Judicial Committee of the Privy Council in London.