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Brunei Darussalam
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Penal Code. Kidnapping or abducting in order to subject person to slavery is prohibited at section 367, buying or selling any person as a slave section 370, and habitual dealing in slaves at section 371.
Practices similar to slavery
There appears to be no legislation in place in Brunei Darussalam which prohibits institutions and practices similar to slavery, although section 366 of the Penal Code prohibits abducting or kidnapping any women to compel her to marriage.
Servitude
There appears to be no legislation in place in Brunei Darussalam which prohibits servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the Penal Code which prohibits unlawfully compelling a person to labour against their will at section 374.
Human trafficking
Provisions related to trafficking in persons are found in the Anti-trafficking in persons Order 2019 which prohibits trafficking in persons in section 5(1) and children in section 5(2), sexual trafficking in section 6, as well as the exploitation of trafficked persons in section 7.
Forced marriage
Provisions related to forced marriage in Brunei Darussalam are found in the 2011 Penal Code, which addresses kidnapping or abducting a woman with the intent to compel her into marriage against her will at Article 366, with a potential penalty of imprisonment up to 30 years. Article 493 also prohibits a man from deceitfully inducing any woman who is not lawfully married to him to believe that she is lawfully married to him at Article 493, with a potential penalty of imprisonment for maximum ten years and a fine. Article 496 addresses going, dishonestly or with fraudulent intent, through the ceremony of marriage while knowing that the parties are lawfully married, with a potential penalty of imprisonment for maximum seven years and a fine. Provisions related to forced marriage in Brunei Darussalam are also found in the 2013 Married Women Act, which addresses the absence of consent for marriage if one party was induced by fraud to marry the other at Article 3(f). Provisions related to forced marriage in Brunei Darussalam are also found in the 2012 Islamic Family Law Act, which addresses the use of force, threat or deception to compel a person to marry against his will at Article 35, with a potential penalty of a fine not exceeding $2,000, imprisonment not exceeding 6 months or both..
Consent to marriage
Provisions requiring consent to marriage in Brunei Darussalam are found in the Islamic Family Law Act 2012, section 12 of which states that A marriage shall be void and shall not be registered under this Act unless both parties to the marriage have consented thereto, and either — (a) the wali of the woman has consented thereto in accordance with Hukum Syara’; or (b) a Syar’ie Judge having jurisdiction in the place where the woman is bermastautin or any person generally or specially authorised in that behalf by the Syar’ie Judge has, after due inquiry in the presence of all parties concerned, granted his consent thereto as wali Hakim in accordance with Hukum Syara’. Such consent may be given if the wali cannot be found or if the wali refuses to give his consent without reasonable grounds. Section 3 of the Married women act 2013 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is of unsound mind and has not reached the age of marital capacity (which is 14 in this case).
Servile marriage
There appears to be no legislation in Brunei Darussalam that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Brunei Daussalam are found in the TRAFFICKING AND SMUGGLING OF PERSONS ORDER, 2004 and 2019 ANTI-TRAFFICKING IN PERSONS ORDER, which prohibits trafficking for practices similar to slavery with a potential penalty of , imprisonment for a term of not less than 4 years but not exceeding 30 years and a fine not exceeding $1,000,000. Article 366 of the Penal Code 2011 also prohibits abduction for marriage, with a potential penalty of imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
Minimum age for marriage
The minimum age for marriage in Brunei Darussalam is 18, without differentiation by gender, as set out on Article 7 of the 2013 Married Women Act (Chapter 190). However, marriages below this age are permitted with the consent of parents, as set out on Article 3 of the 2013 Married Women Act (Chapter 190). These exceptions are not differentiated by gender, and allow marriages as early as 14. However, the 2012 Chinese Marriage Act sets the minimum age for females at 15. Marriages knowingly and wilfully solemnised when one of the parties is a minor and the consent required has not been obtained are an offence under Article 30 of the 2013 Married Women Act, with potential penalties of a fine and imprisonment for three years.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Asia Cooperation Dialogue
- Bali Process
- ASEAN
- ASEAN Regional Forum
- Organisation of Islamic Cooperation
Legislative Provisions
CHAPTER 22 PENAL CODE 16 OF 1951 (CAP. 22 OF 1951) 1984 ED. CAP. 22 REVISED EDITION 2001
359. Kidnapping.
Kidnapping is of two kinds — kidnapping from Brunei Darussalam, and kidnapping from lawful guardianship.
360. Kidnapping from Brunei Darussalam.
Whoever conveys any person beyond the limits of Brunei Darussalam, without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from Brunei Darussalam.
361. Kidnapping from lawful guardianship.
Whoever takes or entices any minor under 14 years of age if a male, or under 16 years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.
Explanation — The words “lawful guardian” in this section include any person lawfully entrusted with the care or custody of such minor or other person.
Exception — This section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.
362. Abduction.
Whoever by force complies, or by any deceitful means induces, any person to go from any place, is said to abduct that person.
366. Kidnapping or abducting woman to compel her marriage etc.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
366B. Importation of girl from foreign country.
Whoever imports into Brunei Darussalam from any country outside Brunei Darussalam any girl under the age of 21 years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery etc.
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
370. Buying or disposing of any person as a slave.
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives, or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
371. Habitual dealing in slaves.
Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves, shall be punished with imprisonment for a term not exceeding 30 years and with whipping with not less than 12 strokes.
372. Selling minor for purposes of prostitution etc.
Whoever sells, lets to hire, or otherwise disposes of any person underthe age of 18 years with intent that such person shall at any age be employed or used the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for such purpose, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
Explanation 1 — When a female under the age of 18 years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation 2 — For the purpose of this section “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
373. Buying minor for purposes of prostitution.
Whoever buys, hires or otherwise obtains possession of any person under the age of 18 years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawfully and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment for a term which may extend to 30 years and with whpping with not less than 12 strokes.
Explanation 1 — Any prostitute, or any person keeping or managing a brothel, who buys, hires, or otherwise obtains possession of a female under the age of 18 years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation 2 — “Illicit intercourse” has the same meaning as in
section 372.
373A. Importing for purposes of prostitution etc.
Whoever, by any false pretence, false representation, or fraudulent or deceitful means, brings, or assists in bringing, into Brunei Darussalam any woman with intent that such woman may be employed or used for the purpose of prostitution; and whoever brings, or assists in bringing, into Brunei Darussalam any woman with intent that such woman may be sold or bought for the purpose of prostitution; and whoever sells or buys any woman for the purpose of prostitution, shall be punished with imprisonment for a term not exceeding 30 years and with whipping with not less than 12 strokes.
374.Forced labour
Whoever unlawfully compels any person to labour against the will of that person shall be punished with imprisonment for a term which may extend to 3 years and with fine.
LABOUR ACT (CH 93)
Note: Absolutely prohibits the employment of a child (in the Act defined as a person under the age of 14 years) in any industrial.
Provides that the employer are required to meet the costs of repatriating migrant workers and their dependants in certain circumstances.
TRAFFICKING AND SMUGGLING OF PERSONS ORDER, 2004
2. Interpretation
In this Order, unless the context otherwise requires –
“exploitation” includes all forms a sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
“people trafficking” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purposes of exploitation, as set out in section 4 or 5;
“trafficked person” means any person who is the victim or object of an act of people trafficking regardless of whether that person consented or not;
4. Offence of people trafficking
Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means –
(a) threat;
(b) use of force or other forms of coercion;
(c) abduction;
(d) fraud;
(e) deception;
(f) abuse of power or of a position of vulnerability;
(g) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person,
shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
5. Offence of children trafficking
Any person who recruits, transports, transfers, harbour or receives a child by any means for the purposes of exploitation shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and not less than 5 strokes of whipping.
6. Offence of exploiting a trafficked person.
Any person who – (a) engages in; or (b) profits from, the exploitation of a trafficked person shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
10. Consent of trafficked person irrelevant.
For the purpose of sections 4, 5 and 6, it shall not be a defence if the trafficked person has consented to the people trafficking or to the exploitation.
13. Attempts, abetment and conspiracy
(1) Whoever attempts to commit any offence punishable under this Order or any regulations made thereunder, or abets the commission of such offence, shall be punished with the punishment provided for such offence.
(2) A person who conspires with another person to commits an offence under this Order or any regulations made thereunder shall be guilty of theoffence of conspiracy to commit that offence and may be punished as if the offence to which the conspiracy relates had been committed.
WOMEN AND GIRLS PROTECTION ACT (CH 120)
Note:
Creates the offences of:
- Selling , letting, hiring, buying or obtaining woman or girl for the purposes of prostitution, whether in Brunei or elsewhere;
- Selling, buying, procuring, trafficking in or importing into Brunei woman or girl, whether or not for present or subsequent prostitution;
- By threat or intimidation procures any woman or girl to have carnal connection within Brunei or elsewhere;
- Procuring by or under false pretence, false representation, or fraudulent or deceitful means within or without Brunei, bringing or assisting in bringing into Brunei any woman or girl with intent that such woman or girl shall be employed or used for the purpose of prostitution either within or without Brunei, or knowing or having reason to believe thatsuch woman or girl will be employed or used;
- Bringing into Brunei, receiving or habouring any woman or girl under the age of 21 years or any woman or girl of or above that age not being a prostitute or of a known immoral character knowing or having reason to believe that such woman or girl has been procured for the purpose of carnal connection except by way of marriage , with any other person or for purpose of prostitution either within or without Brunei and with intent to aid such purpose;
- Detaining any woman or girl in a brothel against her will;
- Detaining any woman or girl in any place against her will with intent that she be used or employed for the purpose of prostitution or any unlawful or immoral purposes;
- Living wholly or in part on the earnings of prostitution of any other person;
- Persistently soliciting or importunes on behalf of any woman or girl in a public place, for immoral purposes.
2019 ANTI-TRAFFICKING IN PERSONS ORDER
Interpretation- 2.
In this Order, unless the context otherwise requires
“abduct” means in relation to an individual, to compel by force, or induce by any deceitful means, the individual to go from any place; “abuse of a position of vulnerability” means taking advantage of the vulnerable position a person is placed in as a result of –
(a) having entered the country illegally or without proper documentation;
(b) pregnancy or any physical or mental disease or disability of the person, including addiction to the use of any substance;
(c) reduced capacity to form judgments by virtue of illness, infirmity or a physical or mental disability;
“abuse of power” means any situation where a public officer uses his position or takes advantage of his position in order to commit an offence;
“child” means a person who is under 18 years of age;
“coercion” means use of force or threat thereof, and some forms of non-violent or psychological use of force or threat thereof, including but not limited to –
(a) threats of harm or physical restraint of any person;
(b) any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person;
(c) abuse or any threat linked to the legal status of a person;
…
“debt bondage” means a status or condition arising from –
(a) the pledging by a debtor of the personal services of the debtor or an individual under the debtor’s control, as security for a debt; and
(b) the reasonable value of such services not being applied towards the discharge of the debt, or the length or nature of such services not being limited or defined, respectively;
“deception” means any deception by words or by conduct as to –
(a) the nature of work or services to be provided;
(b) the conditions of work;
(c) the extent to which the person will be free to leave his place of residence;
“exploitation” includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
“forced labour or services” means all work or service that is extracted from any person under the threat of any penalty and for which the person concerned has not offered himself voluntarily;
…
“servitude”, in relation to an individual, means any condition or obligation, not authorised by any written law, to work or to render services from which the individual cannot escape or which the individual is not free to change;
“sexual exploitation” means involving the individual in prostitution, sexual servitude or the provision of any other form of sexual service, including the commission of any obscene or indecent act by the individual or the use of the individual in any audio or visual recording or representation of such act;
“slavery” means the status or condition of a person over whom control is exercised to the extent that the person is treated like property.
OFFENCES
5- People trafficking
(1) Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means –
(a) abduction;
(b) abuse of power or of a position of vulnerability;
(c) deception;
(d) fraud;
(e) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person;
(f) threat;
(g) use of force or other forms of coercion, is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 in respect of each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
(2) Where the recruitment, transportation, transfer, harbouring or receipt under subsection
(1) for the purpose of exploitation is in respect of a child, it shall be considered trafficking in persons even if it does not involve any of the means referred to subsection (1), the person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 in respect of each trafficked child, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
(3) Where any of the following aggravating circumstances are present during the commission of an offence under this section –
(a) the offence involves serious injury or death of the trafficked person or another person, including death as a result of suicide;
(b) the offence involves a trafficked person who is particularly vulnerable such as a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition;
(c) the offence exposed the trafficked person to a life-threatening illness, including Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS);
(d) the offence involves more than one trafficked person;
(e) the offence was committed as part of the activity of an organised criminal group;
(f) the offender has been previously convicted for an offence against this Order or any regulations made thereunder;
(g) the offence was committed by a public servant in the performance of his public duties;
(h) the offender used drugs, weapons or medication in the commission of the offence;
(i) the offender used a child as an accomplice or participant in the offence;
(j) the offender used or threatened to use any form of violence against the trafficked person or his family;
(k) the offender confiscated, destroyed or attempted to destroy the travel or identity documents of the trafficked person,
the offender is liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 for each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
Sexual trafficking- 6.
Any person who, with the intention of inducing another person to enter into an engagement to provide sexual services, deceives that other person about –
(a) the fact that the engagement will involve the provision of sexual services;
(b) the nature of sexual services to be provided;
(c) the extent to which the person will be free to cease providing sexual services;
(d) if there is or will be a debt owed or claimed to be owed by the person in connection with the engagement, the quantum, or the existence, of the debt owed or claimed to be owed;
(e) the fact that the engagement will involve debt bondage or the confiscation of the person’s travel documents, is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
Exploitation of trafficked person- 7.
Any person who –
(a) engages in; or
(b) profits from, the exploitation of a trafficked person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
Trafficked person in transit- 8.
Any person who brings in transit a trafficked person through Brunei Darussalam by land, sea or air, or otherwise arranges or facilitates such act is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping
Consent of trafficked person irrelevant 9.
For the purposes of sections 5jl), 5(2), 5(3), 6, 7 and 8, it shall not be a defence if the trafficked person has consented to people trafficking.
CHAPTER 22 PENAL CODE 16 OF 1951 (CAP. 22 OF 1951) 1984 ED. CAP. 22 REVISED EDITION 2001359
- Kidnapping or abducting woman to compel her marriage etc.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
367. Kidnapping or abducting in order to subject person to grievous hurt, slavery etc.
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
370. Buying or disposing of any person as a slave.
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives, or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to 30 years and with whipping with not less than 12 strokes.
371. Habitual dealing in slaves.
Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves, shall be punished with imprisonment for a term not exceeding 30 years and with whipping with not less than 12 strokes.
493 Cohabitation caused by man deceitfully inducing belief of lawful marriage
Every man who by deceit causes any woman who is not lawfully married to him —
(a)to believe that she is lawfully married to him; and
(b)to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment for a term not exceeding 10 years and fine.
496 Marriage ceremony fraudulently gone through without lawful marriage
Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment for a term not exceeding 7 years and fine.
TRAFFICKING AND SMUGGLING OF PERSONS ORDER, 2004
- Interpretation
In this Order, unless the context otherwise requires –
“exploitation” includes all forms a sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
“people trafficking” means the recruitment, transportation, transfer, harbouring or receipt of a person for the purposes of exploitation, as set out in section 4 or 5;
“trafficked person” means any person who is the victim or object of an act of people trafficking regardless of whether that person consented or not;
4. Offence of people trafficking
Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means –
(a) threat;
(b) use of force or other forms of coercion;
(c) abduction;
(d) fraud;
(e) deception;
(f) abuse of power or of a position of vulnerability;
(g) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person,
shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
5. Offence of children trafficking
Any person who recruits, transports, transfers, harbour or receives a child by any means for the purposes of exploitation shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and not less than 5 strokes of whipping.
6. Offence of exploiting a trafficked person.
Any person who – (a) engages in; or (b) profits from, the exploitation of a trafficked person shall be guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
ANTI-TRAFFICKING IN PERSONS ORDER 2019
2. Interpretation
In this Order, unless the context otherwise requires
“abduct” means in relation to an individual, to compel by force, or induce by any deceitful means, the individual to go from any place; “abuse of a position of vulnerability” means taking advantage of the vulnerable position a person is placed in as a result of –
(a) having entered the country illegally or without proper documentation;
(b) pregnancy or any physical or mental disease or disability of the person, including addiction to the use of any substance;
(c) reduced capacity to form judgments by virtue of illness, infirmity or a physical or mental disability;
“abuse of power” means any situation where a public officer uses his position or takes advantage of his position in order to commit an offence;
“child” means a person who is under 18 years of age;
“coercion” means use of force or threat thereof, and some forms of non-violent or psychological use of force or threat thereof, including but not limited to –
(a) threats of harm or physical restraint of any person;
(b) any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person;
(c) abuse or any threat linked to the legal status of a person;
…
“exploitation” includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
“forced labour or services” means all work or service that is extracted from any person under the threat of any penalty and for which the person concerned has not offered himself voluntarily;
…
“servitude”, in relation to an individual, means any condition or obligation, not authorised by any written law, to work or to render services from which the individual cannot escape or which the individual is not free to change;
“sexual exploitation” means involving the individual in prostitution, sexual servitude or the provision of any other form of sexual service, including the commission of any obscene or indecent act by the individual or the use of the individual in any audio or visual recording or representation of such act;
“slavery” means the status or condition of a person over whom control is exercised to the extent that the person is treated like property.
OFFENCES
5- People trafficking
(1) Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means –
(a) abduction;
(b) abuse of power or of a position of vulnerability;
(c) deception;
(d) fraud;
(e) the giving or receiving of payments or benefits to achieve the consent of a person having control over another person;
(f) threat;
(g) use of force or other forms of coercion, is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 in respect of each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
(2) Where the recruitment, transportation, transfer, harbouring or receipt under subsection
(1) for the purpose of exploitation is in respect of a child, it shall be considered trafficking in persons even if it does not involve any of the means referred to subsection (1), the person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 in respect of each trafficked child, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
(3) Where any of the following aggravating circumstances are present during the commission of an offence under this section –
(a) the offence involves serious injury or death of the trafficked person or another person, including death as a result of suicide;
(b) the offence involves a trafficked person who is particularly vulnerable such as a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition;
(c) the offence exposed the trafficked person to a life-threatening illness, including Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS);
(d) the offence involves more than one trafficked person;
(e) the offence was committed as part of the activity of an organised criminal group;
(f) the offender has been previously convicted for an offence against this Order or any regulations made thereunder;
(g) the offence was committed by a public servant in the performance of his public duties;
(h) the offender used drugs, weapons or medication in the commission of the offence;
(i) the offender used a child as an accomplice or participant in the offence;
(j) the offender used or threatened to use any form of violence against the trafficked person or his family;
(k) the offender confiscated, destroyed or attempted to destroy the travel or identity documents of the trafficked person,
the offender is liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 for each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
6. Sexual trafficking
Any person who, with the intention of inducing another person to enter into an engagement to provide sexual services, deceives that other person about –
(a) the fact that the engagement will involve the provision of sexual services;
(b) the nature of sexual services to be provided;
(c) the extent to which the person will be free to cease providing sexual services;
(d) if there is or will be a debt owed or claimed to be owed by the person in connection with the engagement, the quantum, or the existence, of the debt owed or claimed to be owed;
(e) the fact that the engagement will involve debt bondage or the confiscation of the person’s travel documents, is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
7. Exploitation of trafficked person
Any person who –
(a) engages in; or
(b) profits from, the exploitation of a trafficked person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
MARRIED WOMEN 1948 (2013)
2 Interpretation.
In this Act, unless the context otherwise requires —
“Anglican” means and applies to the Church in Brunei Darussalam in communion with the Church of England as established by the law of England;
“Christian” means a person professing the Christian religion;
“Church of Rome” means and applies to the Church under the spiritual jurisdiction of the Pope of Rome;
“Church of Scotland” means the Church of Scotland as established by law;
“civil marriage” means a marriage solemnised in the office of a Marriage Registrar in accordance with the provisions in that behalf of this Act;
“marriage” means a marriage as understood by English law, that is, the voluntary union for life or until the marriage is dissolved by a court of competent jurisdiction of one man with one woman to the exclusion of all others;
“Marriage Registrar” means a person appointed under the provisions of this Act for the purpose of conducting civil marriages;
“minister of religion” means any priest of the Anglican Church, any minister of the Church of Scotland or Presbyterian Church of England, any priest of the Church of Rome and or any other minister or ecclesiastical or religious official of any other denomination or sect who is authorised under this Act to solemnise marriages;
“minor” means a person who, not being a widow or widower, is under the age of 18 years;
“religious marriage” means a marriage solemnised in any church, chapel or any other authorised building in accordance with the rites and ceremonies of any religious denomination;
“Roman Catholic” means and applies to the Church under the spiritual jurisdiction of the Pope of Rome;
“Senior Marriage Registrar” means the Marriage Registrar for Brunei Darussalam.
3 Capacity to marry.
(1)No two persons shall be capable of contracting a valid marriage unless the following conditions are fulfilled —
(a)both parties to the intended marriage have reached the age of 14 years;
(b)both parties to the intended marriage are not related to each other within the degrees of kindred set out in the First Schedule;
(c)if domiciled elsewhere than in the State, the parties to the intended marriage are not related to each other within a degree of kindred prohibited by the law of the country of their domicile;
(d)neither party to the intended marriage is bound by a valid subsisting marriage to a third person;
(e)at the time of the marriage, neither party is a lunatic, an idiot or a person whose mental condition makes him or her incapable of understanding the nature of the marriage contract;
(f)the parties to the intended marriage freely consent to marry each other:
Provided that absence of consent shall not be inferred merely from the fact that one party was induced by fraud to marry the other.
(2)A marriage shall be void unless all the conditions set out in subsection (1) are fulfilled.
7 Consent requisite in case of minor.
(1)If any party to an intended marriage is a minor, the marriage shall not be solemnised unless such minor first obtains —
(a)the consent of the father of such minor;
(b)if the father be dead, or if his consent is not reasonably obtainable, the consent of the guardian of such minor; or
(c)failing such guardian, the consent of the mother (if living) of such minor.
(2)If the person whose consent is required is of unsound mind, or withholds the requisite consent, the High Court, if satisfied that the consent is unreasonably withheld, may issue an order of consent, in lieu of the consent required by subsection (1).
(3)Where there is no one living who is capable of giving a valid consent, the marriage may in the discretion of the minister or registrar proceed without such consent.
(4)No marriage solemnised without the consent or order of the High Court as required by subsection (1) or (2) respectively, shall be void by reason only of the absence of such consent or order, but the minister or registrar solemnising the marriage shall be liable to the penalties prescribed in section 30.
11 Declaration before marriage.
(1)No minister of religion shall solemnise any marriage until —
(a)one of the parties has made either verbally or in writing a solemn declaration before him that he or she believes that there is no impediment of kindred or affinity or other legal hindrance to the marriage, and further, if either party to the intended marriage is a minor, that the consent required under section 7 has been duly obtained; and
(b)he is satisfied that the provisions of section 10 have been complied with.
(2)A minister of religion may solemnise any marriage on the certificate of another minister of religion of the same denomination or of a Marriage Registrar, that the respective provisions of section 10(1) have been complied with. Such certificate shall be in the form prescribed in the Third Schedule or to the like effect.
12 Protesting marriage.
Any person whose consent is required under section 7 to a marriage or any person who is aware of any just impediment to the marriage may, before the solemnisation of the marriage, give notice of his objection verbally or in writing and thereupon the marriage shall not be solemnised until the minister of religion has inquired into the matter and is satisfied that the marriage may lawfully proceed.
19 Protesting marriage.
Any person whose consent is required under section 7 to a marriage or any person who is aware of any impediment to the marriage may, before the solemnisation of the marriage, give notice of his objection verbally or in writing and thereupon the marriage shall not be solemnised nor shall a certificate be given under section 18(2) until the Marriage Registrar has inquired into the matter and is satisfied that the marriage may lawfully proceed.
30. Solemnising marriage without notice.
Any person duly authorised to solemnise a marriage who —
(a)knowingly and wilfully solemnises a marriage when one of the parties thereto is a minor and the consent required by section 7 has not been obtained; or
(b)knowingly and wilfully solemnises a marriage except under a valid licence when —
(i) the banns have not been duly published;
(ii) the notice required under section 10 or 16 has not been duly exhibited; or
(iii) after the expiration of 3 months after the date of the due publication of the banns or due exhibition of the notice,
is guilty of an offence and liable on conviction to a fine and imprisonment for 3 years.
ISLAMIC FAMILY LAW 2000 (2012)
2 Interpretation.
(1) In this Act, unless the context otherwise requires —
“bermastautin” means permanently or ordinarily residing in a certain area;
“bermukim” means residing without the intention to bermastautin in a certain area whilst not being a traveller;
“Chief Syar’ie Judge” means the Chief Syar’ie Judge appointed under section 8(1) of the Syariah Courts Act (Chapter 184);
“Chief Syar’ie Prosecutor” means any officer who has been appointed and empowered to conduct all prosecutions in any Court under the provisions of this Act;
“Court” means the Syariah Subordinate Court, the Syariah High Court or the Syariah Court of Appeal, as the case may be, as established under section 6(1) of the Syariah Courts Act (Chapter 184);
“dharar Syar’ie” means harm affecting a person in respect of religion, life, body, morals, mind or property, according to what is normally recognised by Hukum Syara’;
“earnings”, in relation to a defendant, means any sums payable to him by way of —
(a) wages or salary, including any fee, bonus, commission, overtime pay or other emoluments payable, in addition to wages or salary, by the person paying the wages or salary, or payable
under a contract of service;
(b) pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments of any office or employment;
“faraq” means a separation between husband and his wife either temporarily or permanently;
“fasakh” means the annulment of a marriage by reason of any circumstances permitted by Hukum Syara’ in accordance with section 46;
“hadd ” means any criminal punishment or penalty as ordained by Al-Quran or Sunnah Rasullullah Sallallahu Alaihi Wasalam;
“harta sepencarian” means property jointly acquired by husband and wife during the subsistence of marriage in accordance with the conditions specified by Hukum Syara’;
“Hukum Syara’ ” means the laws of any sects which the Court considers valid;
“‘iddah” means the duration or period under which a woman is forbidden by Hukum Syara’ to remarry;
“ila” means an oath in the name of Allah or one of His attributes pronounced by a husband that he will not have sexual intercourse with his wife without mentioning a period or for the period of 4 months or more;
“illegitimate” means a child born out of wedlock and not a child conceived from syubhah intercourse;
“‘iwad” means a substitute;
“janda” means a woman who has been divorced with or without consummating her marriage;
“jurunikah” means a person appointed under section 26 to conduct the solemnisation of a marriage under this Act;
“kaffarah” means a punishment imposed on a husband who commits zihar to his wife;
“khulu’ ” means the dissolution of marriage where the wife has made payment to the husband by mutual consent or by an order of the Court;
“kinayah” means a pronouncement which is not clear and ambiguous except with qarinah or intention;
“li’an” means an allegation of adultery by way of an oath in accordance with Hukum Syara’ made by a husband to his wife whereas his wife by way of an oath in accordance with Hukum Syara’ rejected the allegation, such allegation and rejection were made before the Syar’ie Judge by saying the words which in accordance with Hukum Syara’ is sufficient to prove li’an;
“Majlis” means the Majlis Ugama Islam constituted under section 5 of the Religious Council and Kadis Courts Act (Chapter 77);
“mas kahwin” means the obligatory marriage gift from the husband to his wife in accordance with Hukum Syara’;
“Minister” means the Minister of Religious Affairs;
“minor” means a person who has not attained the age of 18 years according to the Islamic calendar (qamariah) for the purpose of guardianship of person and property;
“mumaiyiz” means a child who is capable to differentiate a matter;
“mut’ah” means the obligatory gift from the husband to his divorced wife in accordance with Hukum Syara’;
“nafkah” means the obligatory provision of expenses for food, clothing and accommodation for the wife, children, divorcee and any other persons dependent upon a husband or former husband, including parents and stepfathers in accordance with Hukum Syara’;
“nasab” means descent based on lawful blood relationship;
“nusyuz” means an act by a wife against her husband which is considered as unfaithful in accordance with Hukum Syara’;
“pemberian” means gifts whether of cash or property that have been given by a husband to a wife during their marriage;
“qarabah qarib” means a family relationship of immediate nasab;
“Registrar” means a Registrar of Muslim Marriages, Divorces, Annulments and Ruju’ appointed under section 26 and includes the Chief Registrar and the Assistant Registrar;
“ruju’ ” means the return to the original state of marriage without the requirement of a new solemnisation of marriage, for a woman who has been subjected to talaq by her husband, except in cases of talaq baain;
“sarih” means a pronouncement which is clear or certain, not ambiguous;
“sesusuan” means where a child, below the age of 2 years according to the Islamic calendar (qamariah), is satisfied by breast feeding on at least 5 occasions by a woman that is not his natural mother;
“Syar’ie Judge” means a Syar’ie Judge who has been appointed under sections 9(1), 10(1) and 11 of the Syariah Courts Act (Chapter 184) and includes the Chief Syar’ie Judge;
“syubhah intercourse” means sexual intercourse performed under the erroneous impression that the marriage was valid when in fact it was invalid (fasid) or intercourse by mistake and includes any intercourse not punishable by hadd in Islam;
“talaq baain” means a talaq that cannot be ruju’ unless with a new solemnisation;
“talaq raj’ie” means a divorce by one or two talaq followed by completion of ‘iddah;
“ta’liq” means the vow expressed by the husband after solemnisation of marriage in accordance with Hukum Syara’;
“wali Hakim” means a jurunikah who has been authorised by general appointment by His Majesty the Sultan and Yang Di-Pertuan to give away a woman in marriage in accordance with Hukum Syara’;
“wali nasab” means a lawful person in accordance with Hukum Syara’ to become wali to give away in marriage a woman by descent based on blood relationship in accordance with Hukum Syara’;
“zihar” means an act by a husband making the back or any parts of the body of his mother or muhrim the same as his wife’s.
10 Void marriages.
A marriage shall be void unless all the necessary conditions, in accordance with Hukum Syara’, have been satisfied.
12 Consent required.
A marriage shall be void and shall not be registered under this Act unless both parties to the marriage have consented thereto, and either —
(a) the wali of the woman has consented thereto in accordance with Hukum Syara’; or
(b) a Syar’ie Judge having jurisdiction in the place where the woman is bermastautin or any person generally or specially authorised in that behalf by the Syar’ie Judge has, after due inquiry in the presence of all parties concerned, granted his consent thereto as wali Hakim in accordance with Hukum Syara’. Such consent may be given if the wali cannot be found or if the wali refuses to give his consent without reasonable grounds.
35 Interference with marriage.
Unless permitted under Hukum Syara’, any person who uses any force, threat or deception —
(a) to compel a person to marry against his will; or
(b) to prevent a man who has attained the age of 18 years or a woman who has attained the age of 16 years from entering into a valid marriage, is guilty of an offence and liable on conviction to a fine not exceeding $2,000, imprisonment not exceeding 6 months or both.
37 Unauthorised solemnisation of marriage.
Any person who, not authorised under this Act, solemnises or purports to solemnise any marriage is guilty of an offence and liable on conviction to a fine not exceeding $2,000, imprisonment not exceeding 6 months or both.
38 Offences relating to solemnisation of marriage.
(1) Any person who knowingly solemnises or purports to solemnise or officiates a marriage —
(a) without there being a permission to marry as required by section 18; or
(b) otherwise than in the presence of at least two credible witnesses, is guilty of an offence and liable on conviction to a fine not exceeding $2,000, imprisonment not exceeding 6 months or both.
(2) Any person who marries, or purports to marry, or goes through a form of marriage with any person contrary to any of the provisions of Part II is guilty of an offence and liable on conviction to a fine not exceeding $2,000, imprisonment not exceeding 6 months or both.
40 Annulment of marriage.
(1) Where any doubt arises as to the validity of a marriage or it is found that a marriage conflicts with Hukum Syara’, the Court shall investigate the circumstances to determine whether the marriage is valid or invalid in accordance with Hukum Syara’.
(2) Where the Court is satisfied that the marriage is not valid in accordance with Hukum Syara’, the Court shall make an order to annul the marriage.
(3) The Court shall record the order to annul the marriage and shall deliver a certified copy of the record to both the relevant Registrar and the Chief Registrar for registration.
CHINESE MARRIAGE 1955 (2012).
6 Female shall be over 15 years of age.
(1) No Chinese marriage shall be registered, nor shall it be valid, until the female is 15 years of age by English computation.
(2) Any person who has carnal connection with a female under 15 years of age by English computation shall be deemed to be guilty of an offence under section 2 of the Unlawful Carnal Knowledge Act (Chapter 29), notwithstanding that a marriage ceremony by Chinese law or custom has been performed.