Section II. Status of Government Respect for Religious Freedom
MORA enforcement officers deported a U.S. citizen in February for publicly proselytizing for a religion other than Islam, an offense that under the SPC is punishable by a fine not exceeding 20,000 BND ($15,100), imprisonment for a term not exceeding five years, or both. The head of MORA’s Enforcement Division stated that MORA officers followed a precedent set by a past proselytizing case, which had also resulted in deportation, but he also said that maintaining good relations with the United States was a factor in the decision to deport the man instead of arresting him.
The government did not ratify the UNCAT, which it signed in 2015 following widespread condemnation of the government’s implementation of the first phase of the SPC order in 2014. The Foreign Minister reported, however, that the government was in the ratification process.
In March, the Sharia High Court issued its first verdict in a case of “causing hurt” – an offense under the SPC roughly equivalent to assault. The court sentenced the accused, a Bruneian Muslim man, to five years’ imprisonment, and for the first time since the implementation of the SPC, the judge ordered the accused to pay “blood money” of 91,516 BND ($69,200) to compensate the victim.
In January, a sharia judge dropped the 2019 case of two Vietnamese men who were the first non-Muslim foreigners to be charged in the sharia courts for “causing hurt” after both parties reached an out-of-court settlement.
In April, all sharia courts ceased operations due to the COVID-19 outbreak. In July, sharia courts resumed operations mostly to hear routine cases of theft and khalwat.
Non-Muslims continued to note that the SPC imposed restrictions on the ability of non-Muslims to proselytize to other non-Muslims. The government continued to prohibit non-Muslims from proselytizing among Muslims or persons with no religious affiliation. Some non-Muslims described the existence of the SPC itself as a “scare tactic” that, alongside other government policies, would pressure non-Muslims to convert to Islam. They noted the SPC’s blasphemy provisions could be used to constrain non-Muslim groups’ activities but expressed greater concern about subtle pressure by the government than about the possibility of harsh sharia punishments.
In March, the government announced that all places of worship would be closed to counter the spread of COVID-19. Senior members of minority religions reported good communications from the Ministry of Health about the rules for closing and reopening churches and places of worship. Some observers noted MORA neglected to announce the reopening of non-Islamic houses of worship when it announced the reopening of the country’s mosques in June, instead relying on the Ministry of Health to pass on the information, which it did soon after.
The government periodically warned the population about the preaching of non-Shafi’i versions of Islam, including both “liberal” practices and those associated with jihadism, Wahhabism, or Salafism. It permitted Shafi’i Muslims and members of non-Muslim religious minorities to practice their faiths, including by permitting non-Islamic churches to operate and allowing non-Muslim religious minorities to gather in private churches.
MORA continued to provide all mosques with approved sermons for Friday services. The government required that the sermons be delivered by registered imams, and deviance from the approved text was forbidden. Government data from 2015, the latest available, indicated there were 99 registered mosques.
There was no legal requirement for women to wear head coverings in public; however, religious authorities continued to reinforce social customs to encourage Muslim women to wear a head covering (known locally as a tudong), and many women did so. When applying for passports, drivers’ licenses, and national identity cards, Muslim females were required to wear a tudong. Muslim women employed by the government were expected to wear a tudong to work, although some chose not to with no reports of official repercussions. In government schools and institutions of higher learning, Muslim female students were required to wear a uniform that includes a head covering. Male students were expected to wear the songkok (a traditional hat), although this was not required in all schools. Women who were incarcerated, including non-Muslims, were required to wear a uniform that included a tudong.
As in past years, the government limited traditional Lunar New Year lion dance performances to a three-day period and restricted them to the country’s sole Chinese Buddhist temple, Chinese school halls, and private residencies of Chinese Association members. Members of the royal family publicly attended Lunar New Year celebrations and lion dance performances during the allowed period, with front-page coverage in state-influenced media.
In December, the human rights NGO Jubilee Campaign wrote to the U.S. Secretary of State to report that MORA sent officials to ensure that a ban on Christmas decorations was enforced around the country. In practice, however, people were able to celebrate Christmas and decorate their private residences. There were no reports of shops or restaurants being warned by MORA for displaying decorations.
The government continued to enforce strict customs controls on importing non-Islamic religious texts such as Bibles, as well as on Islamic instructional materials or scriptures intended for sale or distribution. Authorities generally continued to ban the import of non-Islamic religious texts, and the censorship board continued to review Islamic texts to ensure they did not contain text that deviated from the Shafi’i school of Islam. Customs officials continued to check personal packages entering the country to ensure they did not contain anything of a non-Shafi’i Islamic or perceived sexual nature, such as magazines showing women in swimsuits.
Christian leaders continued to state that a longstanding fatwa discouraging Muslims from supporting non-Islamic faiths inhibited the expansion, renovation, or construction of new facilities; in accordance with the fatwa, government officials slowed or did not process building plans and permits for churches. Christian religious groups said that authorities generally only permitted churches and associated schools to repair and renovate buildings on their sites if required for safety. The process for obtaining approval to renovate church buildings and associated school buildings remained lengthy and difficult, and there were continuing reports of the government stalling new construction projects for not meeting the complicated requirements. With only six approved churches in the country, the last built in the 1960s before the country gained independence, facilities were often too small to accommodate their congregations without significant overflow seating outdoors. Several sources reported that schools associated with Christian churches had to pay government business taxes despite being nonprofit organizations. This measure was not applied to other nonprofit private schools with no religious affiliations. The Chinese temple was also subject to the same fatwa. Christian worshippers continued to report difficulty accessing churches on many Sundays because of road closures by the government for official events, with some services being rescheduled.
The government reported that many non-Muslim children elected to take courses on Islam. Reportedly, those applying for government-funded scholarships believed having such courses on their transcripts could be advantageous. Most school textbooks were illustrated to portray Islam as the norm, and women and girls were shown wearing the tudong. There were no depictions of the practices of other religious groups in textbooks.
Authorities continued to prohibit non-Muslims and non-Shafi’i Muslims from receiving non-Shafi’i religious education in schools. All church-associated schools were recognized by the Ministry of Education and remained open to students of any religion, although they were not permitted to offer religious instruction other than for Shafi’i Islam.
Due to the COVID-19 pandemic, there were no warnings in the press to local restaurants not to serve dine-in customers during fasting hours for Ramadan as in past years. Throughout the year, the government enforced restrictions requiring all businesses to close for the two hours of Friday prayers.
Religious authorities allowed nonhalal restaurants and nonhalal sections in supermarkets to operate without interference, but they continued to hold public outreach sessions to encourage restaurants to become halal.
The government continued to offer incentives to prospective converts to Islam and the Shafi’i school, especially those from indigenous communities in rural areas, including help with housing and welfare assistance. The government allocated travel funding so that those who could not participate in the Hajj due to COVID-19 travel restrictions during the year could do so in the future. The government gave presentations on the benefits of converting to Islam that received extensive press coverage in state-influenced media. According to government statistics, 293 individuals converted to Islam during the year, approximately the same as the previous year. Converts included citizens and permanent residents as well as foreigners. Government policy supported Islam through the national MIB philosophy as well as through government pledges to make the country a zikir nation (one that remembers and obeys Allah).
In a rare instance, during a surprise inspection in September, the Sultan publicly admonished MORA for the slow pace of Muslim proselytization in the rural districts, budget shortfalls, general poor performance, and poor management of the zakat (annual almsgiving) fund.
Members of the LGBTI community reported in September that MORA summoned transsexual individuals to its offices and demanded that they maintain the gender listed on their birth certificate, although no threats of punishment were made in any of these reported cases. Other members of the LGBTI community reported family members had been contacted by MORA and questioned on the individuals’ sexuality.
Despite the absence of a legal prohibition of Muslims marrying non-Muslims, all Muslim weddings required approval from the sharia courts, and officiants, who were required to be imams approved by the government, required the non-Muslim party to convert prior to the marriage.
Most government meetings and ceremonies commenced with an Islamic prayer, which the government continued to state was not a legal requirement but a matter of custom.
The government required residents to carry identity cards that stated the bearer’s ethnicity and were used in part to determine whether he or she were Muslim; for example, all ethnic Malays, including those traveling in the country, were assumed to be Muslim. Malays were required to follow certain Islamic religious practices or potentially face fines, arrest, and imprisonment. Visitors to the country were asked to identify their religion on their visa applications.