Civil Laws at Brunei
Brunei operates a dual legal system comprising English common law and Islamic (Syariah) law, each with distinct jurisdictions and applications.
🏛️ Civil Law System (Common Law)
Brunei's civil law system is rooted in English common law, with significant codification The Application of Laws Act (Cap. 2) stipulates that UK common law, doctrines of equity, and statutes of general application in force in England prior to 25 April 1951 are applicable in Brunei, subject to local circumstances and customs.
Key Civil Legislation:
Contracts Act (Cap. 106): Governs contract law
Specific Relief Act (Cap. 109): Addresses remedies for breach of contract
Judicial Structure:
Magistrates' Court: Handles civil claims up to B$50,000, including personal injury and breach of contract cases
Intermediate Court: Deals with more serious civil and criminal cases
High Court: Serves as a court of first instance for serious offenses and hears appeals from lower courts
Court of Appeal: Hears appeals from the High Court in civil cases, appeals can be made to the Judicial Committee of the Privy Council in the UK.
🕌 Islamic (Syariah) Law
Syariah law in Brunei is primarily concerned with personal and family matters for Muslims, such as marriage, divorce, inheritance, and maintenance. The Syariah Penal Code Order 2013 expanded the jurisdiction of Syariah courts to include serious criminal offenses like murder, rape, and theft, which were previously under civil jurisdiction.
Syariah Court Structure:
Syariah Subordinate Court Handles personal law case.
Syariah High Court Deals with serious offenses under Syariah la.
Syariah Court of Appeal The final appellate court for Syariah matter.
⚖️ Alternative Dispute Resolution (ADR)
Brunei encourages ADR mechanisms like mediation and arbitration to resolve disputes efficiently. The Brunei Darussalam Arbitration Centre and the Brunei Mediation Bureau facilitate these processes, aiming to alleviate court congestion and provide amicable solution.
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