Ideology and Law: The Impact of the MIB Ideology on Law and Dispute Resolution in the Sultanate of Brunei Darussalam.

Asian Journal of Comparative Law, 3 1: 1-41, 2008

University of Queensland TC Beirne School of Law Research Paper No. 15-20

43 Pages Posted: 2 Jun 2015

See all articles by Ann Black

Ann Black

The University of Queensland - T.C. Beirne School of Law

Date Written: 2008

Abstract

Since 1984, the Sultanate of Brunei Darussalam has chartered its post-independence course through its proclaimed ideological compass of MIB (Melayu, Islam, Beraja). All three pillars of MIB - Malay culture, the religion of Islam, and the institution of an absolute Monarchy - are traditional, long standing Bruneian features, which have been expertly crafted in the last two decades to act as the filter by which modernisation and development can occur. As the ideology is all-encompassing, law has not only been one of the vehicles for implementation, but is being shaped to accord with the tenets of MIB. This can be seen in legislation, legal institutions and processes for dispute resolution with the promotion of a more distinctive Malay character as well as a discernible Islamization agenda. The paper explores each of these as well as processes of enacting laws in this Sultanate where, in the absence of an elected democratic parliament, all law emanates from the monarch.

JEL Classification: K00

Suggested Citation

Black, Elizabeth Ann, Ideology and Law: The Impact of the MIB Ideology on Law and Dispute Resolution in the Sultanate of Brunei Darussalam. (2008). Asian Journal of Comparative Law, 3 1: 1-41, 2008, University of Queensland TC Beirne School of Law Research Paper No. 15-20, Available at SSRN: https://ssrn.com/abstract=2611431

Elizabeth Ann Black (Contact Author)

The University of Queensland - T.C. Beirne School of Law ( email )

The University of Queensland
St Lucia
4072 Brisbane, Queensland 4072
Australia

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