The Making of Brunei ' s 1959 Constitution (original) (raw)

THE EVOLUTION OF ISLAMIC GOVERNANCE: WITH SPECIAL REFERENCE TO BRUNEI DARUSSALAM

One of the first issues to confront the new Medina Polity was the formation of a new nation state with its own administration and governance. The new nation state had to innovate with regard to the form and nature of their role - how to govern. Over the years too, jurists have developed and defined the higher order objectives of the Shariah known as the Maqasid Al-Syariah. This paper attempts to review the evolution of the fulfillment of the maqasids by the governments of the dawlah islamiah - firstly by looking at the first document on governance, the al-sahifah or the Constitution of Medina where the ummah is to act collectively to enforce the social order and security; before delving into the governance evolving during the times of the khalifah al-rashiduun; the islamic kingdoms; and the rest of the Islamic world. The second part of this paper will review the evolution of Islamic Governance as was practised in Brunei from the 14th century; during the British era; and during post-independence of 1984.

Brunei: Traditions of Monarchic History and Culture

This book is an annotated edition of the 1954 Report compiled by a former Attorney General, late Professor R. H. Hickling who was sent to Brunei to report of the existing political culture, institutions and laws of Brunei Darussalam so that the British Colonial Office can be well informed before the drafting of a new Constitution.

Brunei Darussalam: Origins, early history and social structure

Origins, History and Social Structure in Brunei Darussalam, eds Victor T. King and Stephen C. Druce. , 2021

The introductory chapter provides the rationale for the book, to acknowledge, celebrate and evaluate Professor Donald Brown’s pioneering studies on the Brunei sultanate. It is just over 50 years since Professor Brown undertook anthropological research in Brunei (1967–1968) for his Cornell University doctorate, which led to his seminal volume Brunei: The Structure and History of a Bornean Malay Sultanate published by The Brunei Museum as a special monograph in 1970 (see Prologue); it too celebrates its fiftieth anniversary. He also wrote more than 20 related papers on the history and social organisation of Brunei. These have become standard references for our understanding and appreciation of the society, culture and history of the Brunei sultanate. The chapter proposes that in any scholarly historical and social-science-based research on Brunei, and on historically and culturally related territories in Borneo and on Malay states more generally, Brown’s work is frequently cited. Though other studies were undertaken after the publication of Brown’s monograph, without his crucial scholarly contribution we would have had no major points of reference before the declaration of the full independence of Negara Brunei Darussalam from the British Crown on 1 January 1984.

Islamic Law in Brunei Darussalam: Past, Present and Future

GIC Proceeding

For a conservative Islamic nation, there have been no known conflicts in Brunei’s religious affairs. While being predominantly inhabited by Muslims at 67% of the total population, the rest of the population are allowed to practice their religion in peace. As with other Islamic nations, Islam influences the government in upholding Islamic laws. Brunei has been implementing Islamic Law since the 16th century, and it was in the beginning of 20th Century with the intervention of foreign powers that Brunei had to or was rather forced to abandon it. Before the British implemented its Common Law, the main body of basic law in Brunei was Islamic law and that the law was well executed, administered and it was effective. The law was initiated by the ninth Sultan of Brunei Sultan Muhammad Hassan (1582-1598) and widely known as the Sultan Hassan’s Kanun. In 2011, The Sultan and Yang Di-Pertuan of Brunei Darussalam during a meeting with members of the Brunei Islamic Religious Council (MUIB) prop...

Islamic Law in State Life of Brunei Darussalam

Journal of Malay Islamic Studies

The Kingdom of Brunei Darussalam is a country that makes Islam as the official religion of the State and Islamic law as a state administration system. This paper describes what forms of institutionalization of Islamic law in various aspects of national and state life in Brunei Darussalam and its role as a unifying force, peacekeeper, and state harmony, and the prosperity of the people. On the foundation of the ideology of the Malay Islamic Beraja (MIB) the establishment of Islamic law in the administration of state, government, and community life has begun since Sultan Hassanal Bolkiah has been named as Sultan until now. Various laws and regulations based on Islamic law governing various aspects of life have been produced and applied. All of this boils down to the goal of establishing the state of Baldatun Tayyibatun Wa Rabbun Ghafur or the State of Zikir (Remembrance) that produces prosperity in the world and the hereafter. The use of Islamic law in Brunei has been relatively benef...

Brunei Darussalam: Consolidating the Foundations of its Future?

Southeast Asian Affairs, 2011

Political stability in Brunei Darussalam-the abode of peace-is built on oil wealth and Brunei's citizens subsequently enjoy some of the best standards of living in Asia. This fortuitous state of affairs is reinforced by a small population of just 402,000-two thirds of whom are ethnic Malays. Nonetheless, a range of short, medium, and long-term challenges have compelled the kingdom to be increasingly innovative and, in some areas, more progressive for the purpose of maintaining long-term economic and social stability. Such themes are evident in the three sections covered by this chapter. The first section focuses on Brunei's economy. While the economy has not been particularly strong in recent years, the section reveals that some developments have either taken place, or are in the process of being implemented, that may eventually strengthen the foundations for a more robust economy. The second section examines the political environment of Brunei and finds that while there has been little change to the institutions of government, there were a number of subtle policy reorientations for the purpose of responding to past omissions and new problems. The final section examines the country's foreign relations and developments concerning its defence policy. Here, significant events included Brunei's relations with China together with a final resolution of Brunei's maritime disputes with Malaysia. Overall, 2010 was a crisis free year that enabled the Kingdom of Brunei to refine some of its political and economic policies.