The laws in Brunei combine English-derived common law, an Islamic criminal code, and decrees from an absolute monarch, and the mix produces some of the strictest rules in Southeast Asia. Drug trafficking above set weights carries a mandatory death sentence. Public alcohol sales are banned outright. Vaping is illegal. Public conduct, dress, speech about the royal family, and even eating in public during Ramadan are all regulated. Visitors and new residents need to know where the lines are before they cross one.
Two Court Systems, One Country
Brunei operates two parallel court systems. The Civil Courts (also called Secular Courts) handle commercial disputes, most criminal prosecutions, and nearly all matters involving non-Muslims. The Syariah Courts apply Islamic law and have jurisdiction primarily over Muslims.1Council of ASEAN Chief Justices. Overview of Brunei Legal System
Before 2013, the Syariah Courts dealt mainly with personal and family matters for Muslims: marriage, divorce, inheritance, and estate disputes. The Syariah Penal Code Order of 2013 changed that, extending Syariah jurisdiction to serious criminal offenses. Where a crime could fall under either system, prosecutors have discretion to charge under the secular Penal Code (Chapter 22) or the Syariah Penal Code.2Attorney General’s Chambers of Brunei Darussalam. Laws of Brunei Chapter 22 – Penal Code
For non-Muslim residents and visitors, the civil system is the primary venue for almost everything, but some Syariah provisions can reach non-Muslims when a Muslim is involved in the offense.
Drug Laws Carry the Harshest Penalties
This is the area where the risk is highest and the law is least forgiving. The Misuse of Drugs Act (Chapter 27) imposes a mandatory death sentence for trafficking above certain quantities, and judges have no discretion to substitute a lesser punishment.
The mandatory death penalty thresholds are:3Narcotics Control Bureau. Laws of Brunei Chapter 27 – Misuse of Drugs
- More than 15 grams of heroin (diamorphine)
- More than 30 grams of cocaine
- More than 500 grams of cannabis
- More than 50 grams of methamphetamine
- More than 15 grams of MDMA (ecstasy)
- More than 15 grams of morphine
- More than 1,200 grams of opium
Below the death penalty thresholds, trafficking a Class A drug still carries 5 to 20 years in prison plus mandatory caning. Simple possession of a Class A, B, or C drug can bring up to 10 years in prison, a B$20,000 fine, or both. A second possession offense triggers a mandatory minimum of two years.
A separate trap sits inside the law: a presumption of trafficking. Being caught with more than 2 grams of heroin, 15 grams of cannabis, or 3 grams of cocaine shifts the burden onto you to prove you did not intend to sell. If you cannot, you are prosecuted as a trafficker, not a user.
Alcohol, Vaping, and Tobacco Rules
The sale and public consumption of alcohol are banned. There are no bars, liquor stores, or licensed premises in the country. Non-Muslim visitors and residents aged 17 and above can bring in a small personal supply on entry, but only if at least 48 hours have passed since their last alcohol importation.4Brunei Darussalam National Single Window. Passenger Concessions
The personal import allowance is two bottles of liquor with a combined maximum of two liters, plus twelve 330ml cans of beer. Everything must be declared at customs, and any drinking must happen in private, meaning inside a residence or a hotel room. Muslims are prohibited from possessing or consuming alcohol at all, and breaches are handled under the Syariah Penal Code.5Embassy of Brunei Darussalam to the USA Washington. Customs and Regulations
Electronic cigarettes, vape devices, and their accessories are banned outright. Undeclared cigarettes and vape products are prosecuted under the Excise Order 2006, and the fines are heavy. In a 2026 case, a defendant was fined B$42,600 for possessing illicit cigarettes and vape pods, with 14 months’ imprisonment as the default sentence, and all seized items forfeited to the government.
Syariah Penal Code Offenses
The Syariah Penal Code Order of 2013 was rolled out in phases, with the most severe phase taking effect on April 3, 2019. That final phase introduced hudud punishments, the fixed penalties prescribed by Islamic law for specific offenses. The code also provides for qisas (retaliatory punishments) and ta’zir (discretionary punishments).6Attorney General’s Chambers, Brunei Darussalam. Syariah Penal Code Order, 2013
Offenses under the code include apostasy, adultery, theft, same-sex sexual relations between men (liwat), and consuming alcohol. Sexual relations between women (musahaqah) carry fines up to B$40,000, caning, and imprisonment of up to 10 years. Adultery and liwat can carry a sentence of death by stoning under the written law.
In practice, the harshest sentences have not been carried out. In May 2019, shortly after the final phase took effect, the Sultan announced that Brunei’s longstanding moratorium on the common law death penalty would extend to the Syariah Penal Code. No executions are being carried out. But the laws and their penalties remain on the books, and the moratorium is a policy choice, not a repeal.
Dress, Public Conduct, and Ramadan
Modest dress is expected throughout Brunei. Shoulders and knees must be covered when entering mosques. Laws penalize behavior treated as offensive to public morality, and cross-dressing is specifically prohibited.
During Ramadan, the rules tighten. Eating, drinking, and smoking in public during fasting hours is banned for everyone, not only Muslims.7U.S. Department of State. 2023 Country Reports on Human Rights Practices: Brunei Hotels usually keep restaurants open for non-Muslim guests, but eating openly outside those spaces can bring a fine.
One health rule to flag on arrival: travelers coming from a country with yellow fever transmission risk must carry a vaccination certificate. This also applies to anyone who has transited through such a country for more than 12 hours.8Centers for Disease Control and Prevention. Brunei – Traveler View
Speech, Assembly, and the Royal Family
Political and religious expression is tightly controlled. Under the Sedition Act, challenging the authority of the royal family or questioning the standing of the Malay Islamic Monarchy philosophy is an offense. The Syariah Penal Code adds separate provisions against contempt or insult directed at the Sultan, at Sharia administration, or at any law relating to Islam. Wounding religious feelings or promoting hostility between groups can also be prosecuted.
Public gatherings fall under the Public Order Act (Chapter 148). Police can disperse any assembly of five or more people if they consider it likely to disturb the peace. Organizing a meeting or procession in a public place requires a permit from the Commissioner of Police, and the application must be submitted at least seven days in advance.9Attorney General’s Chambers. Laws of Brunei Chapter 148 – Public Order Political parties and independent civic organizations operate under significant restrictions, and public criticism of government policy is effectively off-limits.
Taxes and Pension Contributions
Brunei has no personal income tax. There is also no sales tax, capital gains tax, payroll tax, or export tax. Companies pay tax under the Income Tax Act at a corporate rate of 22%.10Ministry of Foreign Affairs of Brunei Darussalam. Business in Brunei
Employees do pay into a national pension system. In July 2023, Brunei replaced its older TAP and SCP schemes with the Skim Persaraan Kebangsaan (SPK), or National Pension Scheme. Employees contribute 8.5% of salary to a member account, and employers contribute at a prescribed rate to a pooled retirement account.11TAP. SPK Contribution Structure
Where Laws Come From
Understanding who makes the rules helps explain why they can be so far-reaching. The Sultan of Brunei is an absolute monarch and holds three roles at once: head of state, head of government, and supreme religious leader. The Constitution vests the power to make laws for the country’s peace, order, security, and governance directly in him.12Constitute Project. Brunei Darussalam 1959 (rev. 2006)
There is a Legislative Council, but it does not function as a parliament in the democratic sense. If the Council rejects a bill, the Sultan can override the rejection and declare the bill law in whatever form he chooses. He also holds reserved powers to give effect to any bill, motion, or petition the Council fails to pass.
On top of that, Article 83(3) of the Constitution lets the Sultan issue any order he considers in the public interest while a Proclamation of Emergency is in force. A state of emergency has been continuously in effect in Brunei since 1962, so the decree power operates alongside the regular legislative process at all times.13Brunei Darussalam Government. Constitution of Brunei Darussalam – Order Under Article 83(3) Laws in Brunei can change quickly, and the safest posture for a visitor is to check current rules before travel and stay well clear of any conduct that could draw scrutiny under the drug, alcohol, or Syariah statutes.