Religious Jurisdiction System: A Comparison In Brunei Darussalam And The Philippines

Abstract

Brunei Darussalam is a country that has an absolute monarchy style of government based on Islamic law with the Sultan serving as Head of State and Head of Government, concurrently serving as Prime Minister and Minister of Defense assisted by the Advisory Council of the Sultanate and several Ministers. Brunei or also called the Malay Islamic Kingdom (MIB) made Islam its national ideology. The method used in this study uses Library Research which is a data collection technique by examining various literature including journals, books, magazines, and other data sources, to link the results obtained from these various sources. Brunei's legal system is based on English common law, with an independent judiciary, judicial bodies, written common law statutes, and statutes passed by the Sultan. Courts have different jurisdictions, so the sentences imposed are different. The courts at that time were: (1) Resident Court, (2) First Instance Court, (3) Second Instance Court, and (4) Indigenous and Kathis Magistrates Court. Meanwhile, the Philippine Legal System is a blend of the Roman Civil Law System and the Anglo-American Common Law System. The Civil Law system operates in areas such as family relations, property, succession, contracts, and criminal law while the statutes and basic principles of Common Law are evident in areas such as constitutional law, procedure, corporate law, negotiating instruments, taxation, insurance, labor partner work, and banking law. Islamic law prevails and is recognized in parts of Mindanao with the establishment of Shari'ah courts. This research aims to find out how the religious justice system is in Brunei Darussalam and the Philippines