Interpretation of Statutes at Brunei
Here is a detailed overview of Interpretation of Statutes in Brunei Darussalam, focusing on its legal framework, methods of interpretation, and relevant institutions:
⚖️ Legal System Overview
Brunei Darussalam follows a dual legal system:
Common law system based on English law, particularly for civil and commercial matters.
Syariah (Islamic) law system for Muslims, especially in personal status and criminal law.
Statutory interpretation in Brunei primarily follows common law traditions, influenced by both English legal principles and local statutory provisions.
📜 Primary Legal Framework
Interpretation and General Clauses Act (Cap. 4)
The main legislation governing statutory interpretation in Brunei.
Provides definitions, general principles for reading statutes, and rules on commencement, repeal, and application of laws.
Constitution of Brunei (1959, amended)
Supreme law of the land; statutes must be interpreted in harmony with constitutional provisions.
Syariah Penal Code Order, 2013
For Syariah matters, interpretations are guided by Islamic legal principles and fiqh (Islamic jurisprudence).
🧠 Methods of Statutory Interpretation
Brunei courts apply common law principles of interpretation, often referencing decisions from the UK and other Commonwealth jurisdictions.
Literal Rule
Words are given their plain, ordinary meaning. This is the primary method.
Golden Rule
Allows courts to deviate from the literal meaning to avoid absurd results.
Mischief Rule
Considers the problem the statute was intended to remedy, especially if ambiguity exists.
Purposive Approach
Especially relevant in modern judicial reasoning; focuses on legislative intent and purpose.
Contextual Interpretation
Courts may look at the statute as a whole and consider legislative history if needed.
🏛️ Judicial and Legislative Practice
Supreme Court of Brunei Darussalam and Intermediate Courts interpret statutes based on established principles and precedent.
The Attorney General’s Chambers may issue guidance or legal opinions on statutory interpretation for governmental use.
Legislative drafting is carefully structured to minimize ambiguity and follow principles outlined in the Interpretation and General Clauses Act.
📘 Interpretation in Syariah Law
In Syariah courts, interpretation is based on:
The Qur’an
Hadith (Prophet’s traditions)
Fiqh (jurisprudential sources)
Interpretive reasoning such as qiyas (analogy) and ijma’ (consensus)
This is particularly important under the Syariah Penal Code for Muslims, applied alongside the civil code.
Summary Table
| Aspect | Details |
|---|---|
| Legal Tradition | Dual system: Common law + Syariah law |
| Key Statute | Interpretation and General Clauses Act (Cap. 4) |
| Main Methods | Literal, Golden, Mischief, Purposive, Contextual |
| Judicial Reference | UK/Commonwealth precedents (for civil law) |
| Syariah Interpretation | Qur'an, Hadith, Fiqh, Qiyas, Ijma’ |
| Constitutional Context | Interpretation must conform to Brunei’s Constitution |
| Key Institutions | Supreme Court, Syariah Courts, Attorney General’s Chambers |
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