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Brunei is the smallest country in Southeast Asia and is located on the island of Borneo. It has imposed probably one of the harshest gambling legislations in the world. With the influence of Sharia law in addition to the country’s legal jurisdiction, Brunei has an outright ban on every form of gambling, whether online or land-based.
This article was written on September 15, 2024, and is based on information available on that date. Because regulations by nature are subject to change, one should consult with local experts for the most current information available pertaining to gambling laws in Brunei.
Is gambling legal in Brunei?
No, gambling is fully banned in Brunei. The legal system of the country merges Sharia law with the common law of England, and under both rules, gambling is not permitted. Brunei’s attitude towards the ban on gambling is because it is one of the most conservative Islamic countries. In Islam, it is called haram if people depend on luck rather than earning their livelihood by honest work; this is one main reason for banning gambling.
The laws in Brunei do not differentiate between natives and visitors. This suggests that foreign nationals are actually equally liable as locals to receive punishments for having engaged in gambling activities that have been declared illegal.
Who regulates gambling laws in Brunei?
It follows that the Royal Brunei Police Force and the Sharia Court are the enforcing agencies of such laws in Brunei. Accordingly, both work remarkably with each other in monitoring and pursuing illegal gambling activities to ensure that the ban imposed by the country is observed. Strict vigilance is extended both to physical gambling operations and online gambling, with the violators being pursued by the government.
Overview of Brunei’s gambling laws
Laws against gambling in Brunei are put under the Common Gambling Houses Act, and when complemented by the Sharia law, they provide a full ban on gambling. This is succinctly captured below.
There is a full ban on gambling: All forms of gambling are forbidden, whether house or street gambling for fun, hobby, or whatever other form of activity where there’s an opportunity to make a profit. Lotteries, sport bets, casinos, and even online gambling are no exception.
Severe Punishment: Those found gambling face stiff fines of up to $10,000 and a prison sentence awaiting them of up to six months. This means that the gambler can be a citizen or a foreigner, and the harsh punishment will be applicable in both cases.
Religious Influence: The legislation regarding Brunei casinos is based on their Islamic-based gambling laws. Gambling is considered a vice, as it goes against the concept of earning an honest livelihood; it is inherently addictive and debilitating to the person and the society as a whole.
Death Penalty for Serious Offences: While Brunei does not impose the death penalty on those convicted of gambling, the country enforces legislation that mandates the death penalty for offences related to narcotics; this also serves to further emphasise the various ways through which the state has tightly grasped illegal activities.
The role of Sharia Law in gambling regulation
In recent years, especially, Brunei’s leaders made efforts to apply Sharia law in full force to their country, especially Sultan Hassanal Bolkiah. Sharia expresses clear condemnation against all gambling activities by emphasising that all fortunes should be earned by humans through effort and hard work, and not by chance.
There are many reasons for this outlaw of gambling. Here are a few:
Wealth gained through gambling is unlawful. Islam taught them that money earned through gambling is not appropriate, as it depends on fortune rather than hard work.
Recreational gambling is a sin. Gambling is viewed as an addictive activity that distracts individuals from their duties to both society and their religion.
Legal precedents in Brunei regarding gambling
Brunei has witnessed several high-profile cases related to illegal gambling. Incidentally, these have always resulted in heavy fines and imprisonment for the people concerned. One such infamous case was that of an underground gambling racket discovered in Bandar Seri Begawan, for which the participants received severe legal consequences.
More recently, Brunei barred the use of claw machines, too, for their resemblance to some gambling games; therefore, haram, they said. The ban came after a Fatwa issued by the Office of the State Mufti in December 2023, which put in one category those machines with gambling elements.
Will gambling regulations change in the future?
Given the current political and religious climate, there is no, if very little, promise of any changes in Brunei’s gambling legislation in the near future. Actually, it seems that the country is moving towards complete enforcement of the imposed laws with respect to gambling. More elements of Sharia law are still being enforced by the state, thus tightening its grip on those activities that it deems destructive or immoral, such as gambling.
Legal advice on Brunei gambling
All that they should know is that Brunei considers gambling to be strict. There are indeed a lot of risks when it comes to illegal gambling. Severe punishments await those who break the law. If you have any doubts regarding the legalities of gambling, you can seek professional advice from a lawyer practicing locally, but it is best to keep yourself away from gambling during your stay in Brunei.
Brunei thus holds one of the most severe gambling laws in the world, entwined with Islamic teaching and heavy implementation by its authorities. From heavy penalties to imposing activity monitoring, Brunei still remains out of bounds for land-based and online gambling activities.
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