Family in Brunei

Brunei has its own family law as well as formal, non-formal and informal support services. Jurisdiction depends particularly on religious affiliation and the specific issue. If at least one party involved is Muslim and the statutory residence requirements are met, marriage, divorce, maintenance, parentage, guardianship and custody generally fall within the jurisdiction of the Syariah courts. The court assesses gaps within this framework according to Hukum Syara’. Entirely non-Muslim matters are governed, among other laws, by the Marriage Act Cap. 76, the Registration of Marriages Act Cap. 124 and the Guardianship of Infants Act Cap. 191. Chinese, traditional and other marriages also appear in official statistics; the specific registration route depends on the case and the community. Muslim citizens and permanent residents generally require prior approval from the Registry of Muslim Marriage, Divorce, Annulment and Ruju’ (PPPPROI) in their residential district for a planned marriage abroad or in Brunei. Forms, proof of marital status, previous marriage, divorce or death certificates, and confirmation from the penghulu or ketua kampong may be required. Both partners must consent; if the wali’s consent is absent or refused without proper reason, a Syar’ie Judge may decide through a guardian judge (wali Hakim). A prior written approval from the Syar’ie Judge is required for a polygamous marriage and considers, among other things, the reason, income, obligations, liabilities, dependants and the views of the existing wife. After registration, a Marriage Certificate, Marriage Card and Ta’liq Certificate are issued. Fees and processing times depend on the procedure and the documents submitted. A child’s birth is registered with the Immigration and National Registration Department in the district of birth. The biological father, biological mother or an informed relative may complete the registration. Registration is free and should take place immediately; reports made after more than 14 days or more than 43 days are recorded as late, and failure to register may incur a fine of up to BND 500. Typical evidence includes the birth notification, the parents’ identity documents, the marriage certificate or equivalent confirmation and, where applicable, immigration and status documents. Questions concerning the parentage, legitimacy, maintenance and guardianship of a Muslim child are dealt with under the Syariah framework. In non-Muslim families, a later marriage of the parents may enable legal legitimation under the Legitimacy Order 2001. Adoptions also differ according to the religious and legal route. Muslim applicants and children fall under the Islamic Adoption of Children Act Cap. 206 and apply to the Syariah Court; non-Muslim proceedings are governed by the Adoption of Children Act Cap. 205 and proceed through the civil court. JAPEM typically conducts a social investigation, interviews, a home visit, a safety assessment and an evaluation by a responsible committee. Documents may include identity documents, marriage or divorce certificates, statutory declarations, birth, passport and status documents, income or bank records, and the consent of the biological family. For an abandoned or newborn child, JAPEM provides a special protection pathway for an abandoned or newborn child (anak laqid); subsequent birth registration and adoption require, depending on religious affiliation, an interim and then a permanent Syariah or civil-law order. JAPEM supports families through the Family Unit and the Children’s Unit in conflicts, marital disputes, housing insecurity, counselling, child welfare and social risks. Counselling may take place individually, in groups, with the family or by telephone or electronically; access is available through JAPEM branches in Brunei-Muara, Belait, Tutong and Temburong. In cases of child abuse, neglect, exploitation, custody problems or danger outside parental control, the Children’s Unit accepts reports from the public and institutions. This is followed by a social assessment, a search for safe care, protective accommodation where necessary, and cooperation with the police, health services and other bodies. The Child Line 121 (Talian ANAK 121) and Welfare Line 141 (Talian Kebajikan 141) receive support and protection concerns; in immediate danger, call the police at 993 and the ambulance service at 991. In cases of domestic violence, Muslim victims may seek protection under Part VA of the Islamic Family Law Act Cap. 217. Dharar Syar’ie includes, among other things, reasonable fear or injury, coercion and unlawful confinement; an expedited order initially applies for no more than 28 days and may be extended. For non-Muslim families, the Married Women Act Cap. 190 contains separate protective provisions. JAPEM can help with forms, evidence, court contacts and coordination with the police and health services, but it does not replace a binding court order. In a divorce, the dissolution of the marriage must be addressed alongside the child’s residence and custody, contact arrangements, maintenance, housing situation, protection and, where applicable, property matters. Muslim proceedings such as divorce, fasakh, khulu’, ta’liq, ruju’ and related maintenance or custody applications generally belong before the Syariah Court. Non-Muslim divorce proceedings and questions concerning custody, access and maintenance are dealt with under civil law. Courts decide maintenance according to need, ability to pay and the evidence submitted; no uniform amount or general processing time can be stated. JAPEM may accompany or mediate, but only a court creates an enforceable arrangement. Families in Brunei often take on the practical care of older or disabled relatives. JAPEM and the national welfare system (SKN) process, among other things, applications for Old Age Pension and Care Provider Allowance. Old Age Pension generally requires a minimum age of 60 and additional statutory nationality and residence conditions, including actual presence for at least 183 days; for stateless permanent residents born abroad, a prior residence period of at least 20 years may apply. The exact benefit rates must be confirmed in each case. Childcare outside the household requires a licence as a child-care centre (Pusat Penjagaan Kanak-Kanak) under the Child Care Centres Act Cap. 218. JAPEM generally issues this licence for two years; the known fee is BND 200 for the first licence and BND 150 for each subsequent licence. An unlicensed service may be punishable by a fine of up to BND 5,000, imprisonment for up to two years or both. The death of a relative is registered with the Immigration and National Registration Department, preferably within twelve hours; a report made after twelve hours or more than three days late is recorded. Registration is free, failure to register may incur a fine of up to BND 500, and the death certificate is regularly required for insurance, estate administration or a later marriage. The Syariah High Court also has jurisdiction over Muslim estate and inheritance matters. Official statistics report a total of 87,137 households in 2021, with an average of 5.1 members; 50.5 percent had at least five members. In 2024, 2,733 marriages and 672 divorces were registered. For 2025, 458,600 residents and 36,300 people aged 65 or older are reported. These figures describe the total population and do not establish anything about every individual household or family form. There is no central office for all family matters; in religious, foreign, cross-border, legally unclear or violence-related cases, the relevant courts, registration offices, JAPEM or specialist advisers must be involved specifically.