Negotiating Legal Pluralism: Sharia and Civil Law Integration in Brunei Darussalam

Muhammad Nur, - and Ibnor Azli Ibrahim, - and Siti Maymanatun Nisa, - and Muhammad Adib Alfarisi, - and Dedy Afriadi, - (2025) Negotiating Legal Pluralism: Sharia and Civil Law Integration in Brunei Darussalam. LEGALITY: Jurnal Ilmiah Hukum, 33 (2). pp. 535-552. ISSN ISSN (Print) 0854-6509-ISSN (Online) 2549-4600

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Abstract

This study critically examines the integration of Sharia and civil law in Brunei Darussalam, focusing on institutional frictions, normative conflicts, and the challenges of balancing Islamic legitimacy with social cohesion. The research analyses structural tensions within the dual legal systemandproposes actionable solutions to strengthen coherence and public trust. Employing a qualitative methodologythatcomprisesdocument analysis, expert interviews, and case studies, the study examinesthe functioning pattern of coexistence betweenSharia and civil law in practice and its implications for legal stakeholders. The findings reveal that the integration process generates structural ambiguities, overlapping jurisdictions, and uneven societal acceptance, particularly among women and non-Muslim minorities. Theseissues highlightthe need for targeted reforms to ensure fairness and inclusivity. The study concludes that sustainable integration requires concrete steps: harmonisingthe Shariah Penal Code Order 2013 with the Civil Penal Code, revising discriminatory provisions in family law, anddeveloping a Joint Judicial Guideline to clarify jurisdictional boundaries between Syariah and civil courts. By advancing these recommendations, the research emphasises that inclusive policy dialogue and cross-institutional collaboration must culminate in substantive legal reforms rather than rhetorical commitments. In doing so, it contributes to broader debates on Islamic legal reform and governance in Muslim-majoritycountriesthat are facingsimilar dynamics

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