Brunei
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  Preferred Religion (2015)1: Sunni

  Majority Religion (2015)2: Sunni Muslim (57.6%)

Features Of Constitution

Is there a constitution?3 Yes
Does the constitution provide for freedom of religion?3 No

Constitution

Constitution Year4 1959
Last Amended4 As of 5/11/2011, last amendment was made in 2011
Source4 Attorney General's Chambers (Brunei Darussalam)
Translation4 Source is an English translation
Current as of4 November 8, 2008

Constitution Excerpts (clauses that reference religion)4

Invocation.

In the name of ALLAH, the Compassionate, the Merciful, PRAISE be to ALLAH, the Lord of the Universe, and may the benediction and peace of ALLAH be upon Our Leader Muhammad and upon all his Relations and Friends.
BY THE GRACE OF ALLAH, OMAR ALI SAIFUDDIN SA’ADUL KHAIRI WADDIN IBNI AL-MARHUM MOHAMED JAMALUL-ALAM of Brunei Darussalam and all its Dependencies, the Sultan and Yang Di-Pertuan [Head of State], SOVEREIGN AND CHIEF OF THE MOST ESTEEMED FAMILY ORDER, SOVEREIGN AND CHIEF OF THE MOST HONORABLE ORDER OF THE CROWN OF BRUNEI, ORDER OF SRI MAHKOTA NEGARA, MOST ESTEEMED FAMILY ORDER (FIRST CLASS) KELANTAN, HONORARY KNIGHT COMMANDER OF THE MOST DISTINGUISHED ORDER OF SAINT MICHAEL AND SAINT GEORGE.


Article 2: Interpretation.

(1) In this Constitution, unless the context otherwise requires –
"Chief Syar’ie Judge" means the Chief Syar’ie Judge appointed under the Syariah Courts Act (Chapter 184);
"Islamic Religion" means the Islamic Religion according to the Shafeite sect of Ahlis Sunnah Waljamaah;
"Mufti Kerajaan" means the person appointed as such by His Majesty the Sultan and Yang Di-Pertuan under the Religious Council and Kadis Courts Act (Chapter 77);
"Muslim revenue and funds" means all revenues and funds to which Part IV of the Religious Council and Kadis Courts Act (Chapter 77) applies;
"Religious Council" means the Religious Council constituted by Part II of the Religious Council and Kadis Courts Act (Chapter 77);


Article 3: Official religion of Brunei Darussalam and religious observance.

(1) The official religion of Brunei Darussalam shall be the Islamic Religion:
Provided that all other religions may be practiced in peace and harmony by the persons professing them.
(2) The Head of the official religion of Brunei Darussalam shall be His Majesty the Sultan and Yang Di-Pertuan [Head of State].
(3) The Religious Council shall be the authority responsible for advising His Majesty the Sultan and Yang Di-Pertuan [Head of State] on all matters relating to the Islamic Religion.
(4) For the purpose of this Article, His Majesty the Sultan and Yang Di-Pertuan [Head of State] may, after consultation with the Religious Council, but not necessarily in accordance with the advice of that Council, make laws in respect of matters relating to the Islamic Religion.


Article 4: Executive authority and principal officers.

…(5) The appointment of Ministers and Deputy Ministers shall be made from among the Malay race professing the Islamic Religion, save where His Majesty the Sultan and Yang Di-Pertuan [Head of State] otherwise decides.


Article 9: Prerogative of Mercy.

…(5) Before tendering its advice on any matter, the Pardons Board shall consider any written opinion which may have been delivered thereon by the Attorney General on the law applicable and by the Mufti Kerajaan on any aspect of Islamic law. [Note: This clause was not in operation as of the date of the Reprint of this Constitution (November 8, 2008); it had been suspended by the Constitution of Brunei Darussalam (Suspension) Order, 2006, with effect from February 21, 2006.]


Article 30: Disqualification for Members.

No person shall be qualified to be a Member of the Legislative Council who –
…(e) is a murtad [apostate from Islam] in accordance with the Hukum Syara’; or


Article 42: Description of Bills, motions and petitions not to proceed without approval.

(1) Except with the prior approval of His Majesty the Sultan and Yang Di-Pertuan [Head of State], a Member of the Legislative Council shall not introduce or propose, and the Legislative Council shall not proceed upon, any Bill, any amendment to any Bill, or any motion, petition or business which, in the opinion of His Majes


Sources

1.  The Religious Characteristics of States Dataset Project: Government Religious Preference (GRP) measures government-level favoritism toward, and disfavor against, 30 religious denominations. A series of ordered categorical variables index the state's institutional favoritism in 28 different ways. The variables are combined to form five composite indices for five broad components of state-religion: official status, religious education, financial support, regulatory burdens, and freedom of practice. The five components' composites in turn are further combined into a single composite score, the GRP score. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson the principal investigator of the World Christian Database and the co-principal investigator of the World Religion Database.

2.  The Religious Characteristics of States Dataset Project: Demographics reports the estimates of religious demographics, both country by country and region by region. The RCS was created to fulfill the unmet need for a dataset on the religious dimensions of countries of the world, with the state-year as the unit of observation. It estimates populations and percentages of adherents of 100 religious denominations including second level subdivision within Christianity and Islam. The RCS Data Project would like to acknowledge, recognize, and express our deepest gratitude for the significant contributions of Todd M. Johnson the principal investigator of the World Christian Database and the co-principal investigator of the World Religion Database.

3.  Data under the "Features of Constitution" heading are drawn from coding of the U.S. State Department's 2008 International Religious Freedom Reports conducted by researchers at the Association of Religion Data Archives. The article by Brian Grim and Roger Finke describes the coding of the International Religious Freedom reports. A dataset with these and the other international measures highlighted on the country pages can be downloaded from this website. Used with permission.

4.  The constitutional excerpts shown above are reproduced from the websites given in the "Source" field; the links to these websites were active as of May 2011. Where the constitutional text shown on these websites was provided in a language other than English, this text was translated to English by ARDA staff with assistance from web-based translation utilities such as Google Translate and Yahoo! Babel Fish. Constitutional text was converted to American English where applicable. Constitutional clauses were judged to contain religious content based largely on the standards used in the construction of the Religion and State Constitutions Dataset collected by Jonathan Fox. Emphases were added to the text by ARDA staff to highlight religious content in articles that also contain content that does not pertain to matters of religion. The data on this page were correct to the best of the knowledge of the ARDA as of the date listed in the "Current as of" field shown above. Please contact us at support@thearda.com if you are aware of any incorrect information provided on this page.

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