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Home Family law

Will Brunei’s anti-LGBT Sharia law unfold throughout Southeast Asia?

Eric Banks by Eric Banks
December 5, 2025
in Family law
0

Brunei’s new law punishing homosexual intercourse with loss of life by stoning has sent a wave of fear across the LGBT population in neighboring Malaysia and Indonesia. On April three, the small oil-rich state of Brunei brought a strict Islamic felony code mandating death for adultery and sex among men, in addition to lashes for lesbian sex and amputation for crimes like theft.

It has sparked a tide of condemnation from Western nations and celebrities alike. UN High Commissioner on Human Rights Michelle Bachelet, on April 1, described the laws as “draconian” and a setback for human rights.
But across Brunei’s border in Indonesia and Malaysia, there has been reliable silence in each Muslim-majority nation. The loss of reaction from the distinguished Southeast Asian leaders is likely to raise worries approximately the rise of conservative Islam in the region and the consequences for sexual and non-secular minorities.

In the latest years, conservative Muslim groups have become a powerful pressure within the place, pushing for closer adherence to the more rigid Islamic values and intimidating country-wide governments. In one Indonesian province, gay individuals were publicly shamed and caned. A Christian governor of Jakarta was thrown in prison on blasphemy charges. And in March, Malaysia’s tourism minister claimed no gay people in his country.

Malaysian LGBT rights campaigner Thilaga Sulathireh said the instant reaction of a few of the gay community changed into the subject of the crackdown that may unfold. “All this stuff is developing quite a few worries for humans and several uncertainties,” she stated. “What’s going to happen to our lives and our destiny?” CNN reached out to both the Indonesian and Malaysian governments for comment.

The rise of conservative Islam

Brunei is the first United States in Southeast Asia to impose capital punishment for crimes, including LGBT intercourse or adultery; however, neighboring Malaysia and Indonesia were experimenting with strict Islamic legal guidelines for years. Malaysia already enforces a mixed secular and religious legal system, with a few areas mandating Sharia laws punishing what the penal code calls “unnatural” acts, inclusively of gay sex, with caning and fines, even as Indonesia’s conservative northwestern province of Aceh has a history of enacting Sharia regulation.

Human Rights Watch researcher Andreas Harsono stated that Brunei’s public prosecutors even visited Aceh in 2014, before creating Sharia regulation for their personal use, to learn about its implementation.
Conservative politicians in Indonesia and Malaysia voiced their concern about the Brunei laws this month. One member of Parliament from the Pan-Malaysian Islamic Party congratulated Brunei Sultan Hassanal Bolkiah on his “bravery.”

“Congratulations to Brunei for its bravery and political will in imposing Sharia crook law … Upholding the Sharia is a duty in making sure Allah’s rights to keep the peace for human beings,” Mohd Khairuddin Aman Razali wrote on his legitimate Facebook web page. In Indonesia, one of the leaders of the legislative Ulama Council in Aceh told neighborhood news media that Brunei’s laws were “non-secular freedom.” Harsono said he became concerned that already vocal conservative Muslims in Malaysia and Indonesia would use Brunei’s example to strengthen stricter Islamic regulations and laws.

“Already, there are more than 60 local regencies and 3 provinces with mandatory hijab guidelines in Indonesia. In addition, more than 20 nearby regions have guidelines criminalizing LGBT people,” he said. As of Friday, there was no reputable touch upon the laws from either Indonesian President Joko Widodo or Malaysian Prime Minister Mahathir Mohamad. Harsono said he no longer anticipated Widodo, who is running for reelection, to talk till he knew how outstanding Indonesian Islamic businesses would respond. “If the NU is adversarial to hand amputation, Jokowi will speak up indeed,” he stated, relating to the Nahdlatul Ulama mass religious movement.

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Eric Banks

Eric Banks

I work as a lawyer in the area of intellectual property law, and also as a blogger. On the legal side, I focus on copyright and trademark law. On the blogging side, I write about various legal topics, including intellectual property law, e-commerce, and Internet privacy. My work has appeared in law journals, business publications, and the blogs of several law firms. I also give a biweekly seminar called “How to Avoid Being A Copyright Moron.”

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