Family Law in Brunei
Family Law in Brunei
Family law in Brunei is primarily governed by two legal systems:
Islamic Family Law (for Muslims) – Governed by the Islamic Family Law Act (Cap. 217) and administered by the Syariah Courts.
Civil Family Law (for Non-Muslims) – Governed by the Marriage Act (Cap. 76) and administered by the Civil Courts.
Brunei follows Sharia law for Muslims, which influences marriage, divorce, child custody, and inheritance, while non-Muslims follow civil law.
1. Marriage
For Muslims
Governed by Islamic Family Law Act and must be registered under Syariah Courts.
Polygamy is allowed for Muslim men but requires permission from the Syariah Court.
A wali (guardian) is required for a woman’s marriage.
Minimum marriage age: 16 for females, 18 for males (court approval needed for exceptions).
For Non-Muslims
Governed by the Marriage Act and must be registered under civil law.
Monogamy is required (polygamy is not allowed).
Minimum marriage age: 18 for both men and women.
2. Divorce
For Muslims
Divorce is permitted under Islamic law through:
Talaq (husband-initiated divorce)
Khula (wife-initiated divorce with compensation)
Fasakh (court-annulled divorce due to valid reasons like abuse or neglect)
The Syariah Court decides child custody, financial support, and property division.
For Non-Muslims
Divorce must go through the civil courts.
Grounds for divorce include adultery, cruelty, desertion, or irretrievable breakdown of marriage.
3. Child Custody & Support
The best interests of the child are the primary concern.
Mothers usually get custody of young children, but fathers retain financial responsibility.
Child support must be provided until the child reaches 18 years of age.
In Islamic law, custody rules follow Hukum Syariah, where fathers typically have guardianship rights.
4. Domestic Violence & Protection Orders
Domestic violence is a criminal offense under both Islamic and civil law.
Victims can seek protective orders under the Women and Girls Protection Act (Cap. 120).
Severe cases can lead to imprisonment under Brunei’s Syariah Penal Code.
5. Inheritance & Succession
For Muslims
Governed by Faraid (Islamic inheritance law), where assets are distributed based on Islamic principles.
Sons typically receive twice the share of daughters unless stated otherwise in a wasiat (will).
For Non-Muslims
Governed by the Intestate Succession Act (Cap. 118), where assets are divided among surviving family members.
A will can determine inheritance distribution.
6. Adoption
Muslim adoptions follow the Islamic concept of Kafalah, where the child is cared for but does not inherit automatically.
Non-Muslims can legally adopt under the Adoption of Children Act (Cap. 118).
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