ISLAMIC LAW IN STATE LIFE OF BRUNEI DARUSSALAM

The Kingdom of Brunei Darussalam is a country that makes Islam as the official religion of the State and Islamic law as a state administration system. This paper describes what forms of institutionalization of Islamic law in various aspects of national and state life in Brunei Darussalam and its role as a unifying force, peacekeeper, and state harmony, and the prosperity of the people. On the foundation of the ideology of the Malay Islamic Beraja (MIB) the establishment of Islamic law in the administration of state, government, and community life has begun since Sultan Hassanal Bolkiah has been named as Sultan until now. Various laws and regulations based on Islamic law governing various aspects of life have been produced and applied. All of this boils down to the goal of establishing the state of Baldatun Tayyibatun Wa Rabbun Ghafur or the State of Zikir (Remembrance) that produces prosperity in the world and the hereafter. The use of Islamic law in Brunei has been relatively beneficial for both aspects of order and structuring aspects of state and government as well as peace and well-being of the


Introduction
Brunei Darussalam is very famous for its country's philosophy, Melayu Islami Beraja (MIB). This is the official ideology adopted by the Kingdom of Brunei Darussalam. This ideology was formally endorsed during the proclamation of independence of Brunei Darussalam on 1 January 1984 (Gunawan, Dadang;Halkis, Muriadi 2018, 104). The Malay Islamic Beraja was the first step taken by the Sultan as the supreme leader of the country in order to maintain the loyalty of all his people to the royal and sultan's leadership.
Brunei Darussalam as an Islamic kingdom seeks to organize state institutions with the concept of the Malay Islamic Monarchy, namely a single leadership by the Sultan as the head of a state that is in full power and sovereignty. With this concept, Islam as the official religion of the country is used as the basis of laws to create prosperity and prosperity for all its people. Over time, under the auspices of Sultan Haji Hassanal Bolkiah Mu'izaddin Waddaulah these efforts have been relatively successful in bringing prosperity and prosperity to the entire population. Unity and peace in Brunei are also relatively growing and strong. Brunei Darussalam as a developing country, expanded its development for 50 years under the auspices of the Sultan (Irwanto 2015, 1).
As a developing Islamic state, efforts to create prosperity and prosperity for the people of Brunei are inseparable from challenges and obstacles. However, these challenges have been able to be passed by the Sultan of Brunei independently and wisely. The Sultan manages and resolves each country's problems based on a spirit of consensus and a high understanding of the problem so that he succeeds in finding solutions that bring prosperity to the people and the nation. The nation's long history has made Brunei a nation that is able to look to the future by prioritizing the union between the king and the people. By all means, Brunei seeks to bring its country to achieve its goals smoothly and safely, without the need for big obstacles.
During the Sultan's reign since October 5, 1967, the people of Brunei Darussalam have experienced the success achieved by his country. The values and concepts of the Malay Islamic State (MIB) state that have been practiced for generations have given birth to prosperity, stability, and peace. The applied MIB philosophy has succeeded in placing Brunei Darussalam on a par with developed countries in the world. There are several factors that are considered to support the success of Brunei, namely (1) under the leadership of the Sultan, Islam is always upheld as a guideline for the government of the Kingdom of Brunei Darussalam; (2) there is popular obedience to the Sultan's leadership; and (3) Allah's guidance that accompanies the Sultan's leadership. All of that supports Brunei as a MIB State and 'State of Remembrance' which leads to Baldatun Tayyibatun Wa Rabbun Ghafur based on Islamic teachings guided by the Koran and As-Sunnah.
By making Islam the official state religion, various state institutional rules are regulated in accordance with Islamic teachings. Islam is used as a foundation in developing the country. Brunei has sought to practice Islamic teachings in various aspects of life whether social, economic, educational, political or otherwise. However, deficiencies in practice are still found. Although the position of Islam is so clear in the institutionalization of the state, however, Islamic law as a constitution in Brunei is still very limited and does not yet describe the true Islamic State. The position of the Sultan is very absolute in the state and government, including as head of religion. As religious leader the Sultan has a special role in the administration and institutionalization of the state. Changes in leadership such as the inauguration of the prime minister, ministers and state officials are all under the control of the Sultan " (Ghofur 2015, 13). This phenomenon is more or less a dilemma because if all the interests of the state are under the auspices of the Sultan, it is feared that the government in Brunei is far from Islamic teachings.
Research on Islamic law in Brunei has been conducted by several researchers before. Cahyani, for example, examines "Islamic Family Law in Brunei Darussalam". In his research, he emphasized the problem of family law reform in Brunei Darussalam (Cahyani 2015, 147). Cahyani's research was motivated by the limitation of the authority of the implementation of Islamic law in Brunei Darussalam since the British colonial period. Limitation of Islamic law and the desire to enact British state law, according to Cahyani, are characteristics of a colonialism (Cahyani 2015, 154).
Different from Cahyani's research that discusses Islamic family law, this study aims to examine the application of Islamic law in state life in Brunei Darussalam. Islamic law was made the focus of this study because Islam in Brunei was made the official religion of the country and as a philosophy of life in building its nation. On the other hand there is the fact that in the application of Islamic law in Brunei the Sultan has full control over his people.

Characteristics of Islamic Law (Sharia Law)
Islamic law is known as Sharia law. In Arabic Sharia means the source of water, flow and straight road. Sharia law, according to its term, is a law that was passed by Allah Subhanahu Wata'ala to His servants, both related to aqidah, worship, morals, muamalat, and living systems in various ways for their happiness in this world and the hereafter. Islamic law is called sharia because it is straight and does not deviate from its objective system, such as a straight foundation that is not bumpy. Thus, Islamic law in terms of syara 'is "all laws made by Allah for its adherents in the Qur'an or as-Sunnah.
The characteristics of Islamic law developed by humans in accordance with the teachings of the Qur'an and Hadith, are as follows.
a. Sharia law is based on revelation. b. Sharia law is explained, understood directly or ijtihad, based on the Koran and As-Sunnah. c. Islamic sharia law is based on religious and moral awareness. Islamic law never separates between legal values and religious values in its provisions, such as making halal law in the lives of Muslims. Universal Islamic sharia law applies to all humanity and does not accept annulment and amendment. Islamic sharia law is the rules, principles, and laws that can achieve the interests of humans at all ages, times, and in all places. Islamic law arranges the life of the country in accordance with the will of Allah Subhanahu Wata'ala. Sharia law is said to be very widespread in Islamic kingdoms in the Malay world, including Brunei Darussalam. Sharia law covers Islamic criminal law, such as guilty verdicts, adultery, murder. Islamic inheritance law is implemented in the distribution of inheritance. Islamic law is also practiced in trade, marriage and others.
In general, the characteristics of Islamic law in Brunei have similarities with Islamic law in other Southeast Asian countries, especially Indonesia, Malaysia, Singapore and Thailand. The equation lies in: (1) The structure (framework or framework) of the highest judicial institutions such as the Supreme Court and its lower judicial institutions and implementing agencies of laws and regulations; (2) Rules, rules, and patterns of real behavior in various fields of life of citizens of the country concerned; and (3) Attitudes towards the law and legal system of citizens in the form of beliefs, values, awareness, ideas, and expectations that make the legal process work (Riyanto 2007, 295).
The structure of high institutions, rules, and people's attitudes towards the laws in force in these Southeast Asian countries determines the level of community practice of Islamic law. Likewise in Brunei, people's attitudes towards adherence to Islamic law and high institutions (government) provide facilities in the implementation of Islamic law itself which in essence has many features. The discussion of the characteristics and privileges of sharia law is not specifically discussed in the Qur'an, al-Hadith, and the writings of the scholars. Sharia law is based on careful observation and research, the objectives of the teachings, and sharia content.
In general, it can be said that Sharia law has several features and features, as follows: a. Rabbani (Godhead) Rabbani or divine means all the laws, concepts, values and rules contained in Islamic law established by Allah Subhanahu Wata'ala. It is not the result of human thought and creation. The role of humans is only to understand, develop, and apply it in their lives. Al-Thabatwa al-Murunah (Permanent and Elastic). Thabat means fixed or unchanging. In the context of sharia, there are things that have been corrected and cannot be changed and changed by policies, principles, and practices. Al-Murunah (elastic) means that besides the basic things and policies that cannot be reversed, there are also things that twigs and twigs can change according to changes in maslahah over the centuries b. Waqi'iyyah (Realistic) Waqi'iyyah means practical and realistic sharia according to the reality of human life. Sharia is always in line with human reality. In establishing laws or regulations, sharia always considers the current reality, locality and habits practiced by Tawazun (Balance). Tawazun means sharia teachings give balanced attention to all aspects of human life; in terms of individuals and communities, spiritual and physical, material and spiritual and the world and the hereafter. c. Node (Total) Simpul (Total) Syumul means sharia is a divine teaching that is perfect and comprehensive and covers all aspects of every human life. Allah Subhanahu Wata'ala has all the qualities of perfection and knowledge. All aspects of human life are explained and given guidance by Allah Subhanahu Wata'ala in His revelations. d. Alamiyyah (Universal), Alamiyyah means sharia is a universal divine teaching, not bound by time, place and space. In fact, sharia is suitable for everyone, every nation and is not limited to certain times. The 'natural' aspect covers three main areas of sharia, morals and creeds e. Wasatiyyah (Simplicity) Wasatiyyah is a very important element in sharia. Sharia rejects all elements of extremism in human life. Attitudes are not only prohibited in aspects of life in the world such as nutrition, wealth accumulation and so on. In fact, in matters such as worship and remembrance, if done extensively, it is not permitted (Daud 2009, 70). The characteristics mentioned above, make it easier for Muslims to run it because it is universal and in accordance with the guidance of the times. Bagir, as quoted by Riyanto, explained the role of statutory law in a country depending on the legal traditions adopted by the country concerned. There are two main groups of legal traditions (principal) in this world, namely: The civil law tradition and the civil law tradition. There are also those who divide the legal tradition into three groups, namely besides the two legal traditions, there is a third legal tradition, namely the socialist law tradition. Grouping into two or three legal traditions is more historical or academic. In reality there are legal systems (a country) which simultaneously contain the characteristics of the continental legal tradition and the anglo-witness legal tradition, a combination of the continental legal tradition and the anglowitness legal tradition, a combination of the continental legal tradition and the socialist legal tradition, or a combination of the anglo-saxis legal tradition and the socialist legal tradition. There are also legal systems that cannot be classified into one of the three groups above, for example countries that identify themselves with the legal tradition according to Islamic teachings (the moslem legal tradition) (Riyanto 2007, 266). The legal characteristics in Brunei Darussalam are more inclined to Islamic law, where every rule made is based on Islamic teachings. Brunei has decided to place the teachings of Islam as a basis in establishing law in the country in accordance with the philosophy of the Islamic State of Malay Islamic State (MIB). However, in practice, Islamic law is not the only thing used in a case in Brunei. Brunei Darussalam's law is moving towards an appropriate legal system to meet its needs. In addition to the applicable law, customary law has become one of the main sources of law in Brunei (Riyanto 2007, 271).

Country Life in Brunei Darussalam
Brunei became independent as an Islamic state under the leadership of the 29th Sultan, Sultan Hasanah Bolkiah Mu'izzadin Waddaulah. The official nickname of the Sultan's state is "Going Down the Most Glorious Majesty, His Majesty the Sultan and the Lord of the State." (Fauzia, Inna Zunia 2009, 2). The Sultan arranges religion and the state as followers of Islam and as the leader of the state. He tried to organize the institution in accordance with Islamic teachings. This is known as the constitutional sultanate system or the Malay Islamic Monarchy.
Brunei as a country that adheres to the Malay Islamic Monarchy system, runs a state life by meeting the needs of the people in accordance with Islamic teachings and Malay traditions. In this regard, there are three main components in the governance of Brunei, namely Malay culture, Islamic religion and the political framework of the Monarchy. These three components are incorporated in the concept of "Melayu Islam Beraja" (MIB) (Gunawan, Dadang;Halkis, Muriadi 2018, 102). The Sultan of Brunei Darussalam rules as the head of state, as well as the head of administration, state management and government. Sultan's powers that have been declared based on the constitution are as follows: "... The power of Brunei Darussalam's highest government lies in the hands of His Majesty the Sultan and the Landlord ..." Where the power entrusted under the Constitution to the Sultan is devoted to the welfare, welfare and peace of the people and population. In this direction, the Sultan emphasized and outlined the administrative and management characteristics of government tools. What must be done is to fulfill the Sultan's wishes and the country's wishes to achieve a prosperous state.
Over the past 50 years, under the rule of Sultan Haji Hassanal Bolkiah, Brunei has developed in every field such as education, health, welfare, law, religion, military preparation, social services, sports, and so on. The state continues to strive for peace and prosperity with good economic conditions. As the King in 50 years of his reign, the Sultan has formulated a national vision of 2035 which underlines and focuses on eight main strategies. The Sultan tried to ensure that all aspects of development towards the vision of Brunei 2035 could be implemented systematically and effectively. The strategy is education, economy, security, institutional development, local business development, infrastructure development, social security and environmental strategies. These eight strategies will continue to be simplified, developed and implemented by the government, private sector and related organizations. The insight of Brunei 2035 intends to make Brunei known throughout the world as a developed, highly educated, skilled and successful country, high quality people, and a dynamic and resilient economy (dkk 2015).
To move towards a dynamic quality of life and a resilient economy, the involvement of all state stakeholders that catalyzes the process of state transformation is important. Change, migration and transformation are needed to reach developed and dynamic countries. This requires the basic principles of the transformative approach. The history of Brunei Darussalam has shown that this nation has become a nation that is trying to overcome the future. The monarchy system has been able to bring the country to its destination. This system of government has brought good for the people with the main source of wealth in the form of crude oil, abundant liquid natural gas; plus fertile agricultural produce such as rubber, pepper, and other spices (Najtama 2018, 411).
The ideals of remembrance and towards Baldatun Tayyibatun Wa Rabbun Ghafur which resulted in Brunei's success, as well as excellence in the past 50 years have always been based on the guidance of Wahyu. Sultan Haji Hassanal stressed, "As for submission to the Qur'an and al-Hadith, indeed it is demanded by religion as an obligation. Because this is the only guarantee, to get happiness in this world and the hereafter" Sultan Haji as the leader of the country was convinced that the prosperity and welfare of the people of Brunei was influenced by his country's obedience to Islamic law as contained in the Al-Quran and Hadith. The development of Brunei, in line with the acceptance of the Ahlus Sunnah wal-Jama'ah principles that have political implications on the lives of Muslims in Brunei Darussalam (Cahyani 2015, 150). The people of Brunei have a good attitude towards the teachings of Islam in their lives. They obey the leader and obey the Islamic rules that apply in Brunei Darussalam.
Based on the description above, it is known that Brunei implemented the entire Islamic system in life, especially the Sultan's leadership. This has made many non-Muslims interested in Islam not only to study the results of writings related to Islam but through an appreciation of the application of all the teachings of the Koran in the daily lives of Muslims. For example, the idea of the State of Remembrance which was introduced since the Sultan's order has become a measure of the state in implementing any project in various angles and becomes a benchmark in his government. The people of Brunei believe that the concept of Islam has succeeded and will succeed in defending Brunei from evil elements, both from within the country and from abroad who are trying to damage Brunei's state institutions and citizens. Therefore, Brunei Darussalam must continue to practice remembrance in the defense system, economic system, and social system to remain a Remembrance State. Efforts that have been made by the Sultan include requiring reading the Quran before carrying out the task. This is because the power of Muslims is in the Qur'an. God states that humans must always remember the importance of holding fast to the teachings contained in the Qur'an, not only reading and commemorating the events of Nuzul Al-Quran but continue to take inspiration from the Qur'an to make it a basis and guide in life .

Implementation of Islamic Law in the State and Government
Historically, after gaining independence from the British, the Sultan of Brunei promoted the ideology of the Melayu Islamic Beraja (MIB) as a state philosophy with the aim of increasing the people's loyalty to the state of Brunei. This ideology has become an important basis of the Sultan's political legitimacy, adopting Islam as a national religion, guaranteeing the rights of ethnic Malay communities, and justifying the Sultan's lineage as a relevant government system. The ideology of the IMB allowed the sultanate to position itself as the protector of Islam and thus provide even greater legitimacy to the Sultan's government (Talib 2013, 7).
Islam as a national religion becomes the foundation in regulating state institutions to be in line with Islamic ideals. Nevertheless, Islamic law is not the only law used in Brunei. The governance of the Brunei Malay Sultanate tradition is based on four elements, namely: Kanun, Sharak, Istiadat Custom and Resam. "Kanun" refers to "Brunei Kanun Law" (Brunei Legislation), "Sharak" refers to Islamic religious teachings, "Customary Customs" refers to Brunei customs, while "Resam" refers to things outside of adat customs (Ansori 2017, 149).
Brunei's laws and regulations are regulated according to the needs of its people. Judging from the characteristics of the majority Muslim population, the prevailing legal system is adjusted to the needs of the people. In syarak itself, Islamic law is carried out in accordance with the pure Islamic teachings of the Koran and Sunnah. Customary law also applies by referring to the developing Malay custom of the people, but does not turn a blind eye to the rules that are outside the customs of Brunei in accordance with the MIB.
Brunei's political philosophy is the strict application of the Malay Islamic Beraja (MIB) which consists of two bases, namely: first, Islam as a Guiding Principle, and secondly Islam as a Form of Fortification. From these two bases then emerged the planting of the values of Islamic statehood (conservation) with three concepts, namely: Keeping the Malay state; perpetuating an Islamic state (Islamic law which is Shafi'i -in terms of fiqh -and Sunnah wal Jamaah -in terms of its creed); and perpetuate the State of the Earth (Ghofur 2015, 2). The Sultan has made efforts to improve the government, among others by forming an Islamic religious assembly based on the Religious Law and the Kadi Court in 1955. This assembly was tasked with advising the sultan on the issue of the Islamic religion. This step was taken by the sultan in order to make Islam truly function as a view of the life of the people of Brunei and the only ideology of the country. Therefore, a position on matters of religion was formed which spreads the understanding of Islam, both to the government and its officials and to the wider community. (Fauzia, Inna Zunia 2009, 2).
Islamic law began to be applied to state life in Brunei since the Sultan of Brunei ascended the throne. He took the policy in stages by issuing Islamic Sharia laws. Sultan Balqiah continued his previous Sultan's efforts by establishing the mosque as a place of prayer in congregation (Ruliyadi n.d.,36). The Sultan is the supreme leader of Islam.
Islam stood firm when the Sultan led the nation towards achieving its ideal goal of becoming a true Islamic state by strengthening Sharia law and practice. In the history of Brunei, the Islamic legal system has long existed and is the original justice system in this country. However, the law was lost from various aspects of life because of British intervention in state administration. After independence the teachings of Islam were revived and increased from year to year during the 50 years of the Sultan's reign with the establishment of the Sharia Court. The establishment of the Sharia Court can be considered as a return to Brunei's golden age with Islamic Law that once existed.
The law adopted in Brunei before the treaty of friendship between Brunei and the United Kingdom in 1908 was Islamic law which referred to the Brunei Law. After the official Brunei government entered into a friendship with the British, the British restricted Islamic law regarding the divorce of Muslims or better known as personal law (Muhammad's Law). The application of Islamic law is only limited to worship and family rules, especially Muslim marriages and divorce and its registration regulations. In criminal cases, Islamic law is only to impose a fine of no more than ten (10) ringgit and no more than 14 days. Then Islamic law was slightly improved with the formulation of the 1955 Religious Law and Courts to be enforced in 1956 (Laporan Tahunan Negara Brunei 1933, Cap XIII n.d.).
In 1984 during the Revision of the Brunei Law, the Religious Law and the 1955 Court were revised and had undergone several amendments, and changed its name to the Islamic Religious Council and Court (Kadi Chapter 77 Amendment 1984). At the beginning of the Islamization era various laws were adjusted to tolerance. Islamic law grew and became brilliant in the empire in 1984. If before the ascension to the throne as Sultan and Yang Pertuan on October 5, 1967 sharia law had only one namely Islamic Religious Law and the Kadi Court in 1955, then after the promotion of the throne had been invited more than 20 emergency rules and orders. This number is close to 10% of the 200 rules and orders in Brunei Darussalam. Islamic law in state life in Brunei is not entirely in line with pure Islamic teachings, especially found in the implementation of Islamic family law as subjects subject to the Sultan. The decision taken by the government refers to three applicable laws, namely Islamic law, customary law, and the West. This step gives room for other laws outside Islamic law so that the purity of Islamic teachings in deciding Muslim cases is not always in accordance with the teachings of Islam in total, even though the characteristics of pure Islamic law that apply are both total and natural. This is as said, that the taking of Islamic law in Brunei was adopted in full from the Shafi'i school, so that the existing legal reform is largely regulatory. In fact, there are substantive legal reforms that are not in line with the Shafi'i school itself (even with other schools), such as the iddah period of women who have not been "touched" by her husband (Cahyani 2015, 159).
In the life of the state, Muslims as religious people who carry the mission of peace for the whole universe have been taught to obey Allah and the Messenger of Allah, and be obedient to the country's leaders. Sultan as a leader who will bring the nation and its people to prosperity and prosperity, deserves to be obeyed. The people of Brunei are expected to practice the teachings of Islam because it is believed that the religion is a perfect religion. In this context, Islam which is implemented in total is believed to be able to elevate its people to prosperous and prosperous conditions. The practice or treatment of the ethnic Malays in family, society, nation and state as well as having a state in Brunei is largely not contrary to the teachings of Islam (Gunawan, Dadang;Halkis, Muriadi 2018, 106).
At present, there is high enthusiasm and awareness among the majority people of Islam towards religious teachings. The Kingdom of Brunei, besides striving for measures that have so far influenced religious life, is considering various possibilities for the better by striving again for religious life in various fields. All of this, both the people and the kingdom is moving towards advancement and improving the official religion (Julaini, Sastra Sarini Binti Haji;dan Muhtaddir 2014, 16).

Conclusion
The people of Brunei Darussalam for 50 years of the reign of Sultan Hassanal Bolkiah, with the concept of the Malay Islamic Monarchy, have implemented various rules and laws based on Islamic teachings. This application has been relatively successful in bringing the nation and state of Brunei to prosperity and prosperity in accordance with Islamic teachings. Brunei Darussalam is in a safe and peaceful condition, where the leader is in full power and sovereignty of the people and governs based on the philosophy of the State of Malay Islamic State, with Islamic teachings as a guideline for the state. These conditions provide flexibility for Muslims to carry out their religious teachings properly and safely. Without a safe and peaceful country, various activities of the religious community will not run as it should. This is the case for example in various countries in the Middle East region. They live in anxious atmosphere, full of fear, lack of clothing, food and shelter, losing their future, fleeing for protection from other countries, and daily facing an atmosphere of fear because of war between hostile groups (Nata 2016, 8). Brunei Darussalam as a Malay Islamic Monarchy country with the philosophy of Malay Islamic Unity, not only enjoys prosperity, justice and prosperity, but is also able to prevent foreign interference in the life of the state and nation.