Fines and jail terms for offences such as indecency and
failure to attend Friday prayers, with future penalties to include
flogging and death by stoning.
The sultan of oil-rich Brunei has announced the introduction of
tough Islamic criminal punishments, pushing ahead with plans that
have sparked international condemnation and rare domestic criticism
of the fabulously wealthy ruler.
"With faith and gratitude to
Allah the almighty, I declare that tomorrow, Thursday 1 May 2014,
will see the enforcement of sharia law phase one, to be followed by
the other phases," the absolute monarch said in a royal decree on
Wednesday.
Plans for the sharia penalties
– which will eventually include flogging, severing of limbs and
death by stoning – triggered condemnation on social media sites in
the tiny sultanate earlier this year.
Confusion has swirled around
implementation of the punishments following the unexplained
postponement of an expected 22 April start date that raised
questions over whether the Muslim monarch was
hesitating.
But 67-year-old Sultan
Hassanal Bolkiah – one of the world's wealthiest men – said in his
decree that the move was "a must" under Islam, dismissing
"never-ending theories" that sharia punishments were cruel in
comments clearly aimed at detractors.
"Theory states that Allah's
law is cruel and unfair but Allah himself has said that his law is
indeed fair," he said.
The initial phase beginning on
Thursday introduces fines or jail terms for offences ranging from
indecent behaviour, failure to attend Friday prayers, and
out-of-wedlock pregnancies.
A second phase covering crimes
such as theft and robbery is to be implemented later this year,
involving more stringent penalties such as severing of limbs and
flogging.
Late next year, punishments
such as death by stoning for offences including sodomy and adultery
will be introduced.
The monarch's wealth –
estimated three years ago at $20bn by Forbes magazine – has become
legendary, with reports of a vast collection of luxury vehicles and
huge, gold-bedecked palaces.
The monarchy was deeply
embarrassed by a sensational family feud between Hassanal and his
younger brother Jefri Bolkiah over the latter's alleged
embezzlement of $15bn during his tenure as finance minister in the
1990s.
Court battles and exposés
revealed salacious details of Jefri's jetset lifestyle, including
allegations of a harem of western paramours and a luxury yacht he
owned called "Tits".
Bruneians enjoy among the
highest standards of living in Asia due to the country's energy
wealth, with education, medicine and other social services heavily
subsidised.
The sultan first proposed the
sharia penal code in 1990s, and in recent years has increasingly
warned of rising crime and pernicious outside influences including
the internet. He has called Islam a "firewall" against
globalisation.
He announced the
implementation plans in October.
Brunei is the first country in
east or south-east Asia to introduce a sharia penal code on a
national level.
Situated on Borneo island,
which it shares with Malaysia and Indonesia, the small state
already practised a relatively conservative form of Islam compared
with its Muslim-majority neighbours, banning the sale of alcohol
and restricting other religions.
Muslim ethnic Malays, who make
up about 70% of the population, are broadly supportive of the move
by their revered father-figure.
But some Malays and non-Muslim
citizens privately express unease. About 15% of Brunei's people are
non-Muslim ethnic Chinese.
Earlier this year, many users
of Brunei's active social media – the only avenue for public
criticism of authorities – denounced the penal code as barbaric and
out of step with the gentle Bruneian national character.
The move could indicate the
sultan is becoming more conservative as he ages, said Joseph
Chinyong Liow, a Singapore-based professor of Muslim
politics.
"The sultan himself is at a
point where there is a need to come to terms with religious
identity, both personally and for the country," he said.
Liow said the sultan may have
viewed sharia as a popular step, as support grows among some
Muslims in south-east Asia for a post-colonial return to Islamic
roots.
Brunei's legal system
currently features civil courts along with sharia-compliant
chambers handling non-criminal issues such as marital and
inheritance cases.
The UN's human rights office
said this month it was deeply concerned about the changes, adding
that women typically bore the brunt of punishment for crimes
involving sex.
"It's a return to medieval
punishment," said Phil Robertson, deputy Asia director for Human
Rights Watch. "It's a huge step back for human rights in Brunei and
totally out of step with the 21st century."
Officials have said judges
will face high burdens of proof, and will have wide discretion to
avoid sharia punishments.