Prostitution laws in BruneiNegara Brunei Darussalam
Brunei regulates prostitution through civil and Syariah law. The Women and Girls Protection Act (Cap. 120) punishes keeping a brothel or knowingly letting premises for one (one year and B$5,000; five years and B$20,000 on a repeat), and living on another person's prostitution or soliciting in public on a woman's behalf (five years and B$20,000, with possible whipping for men). The Syariah Penal Code Order 2013, fully in force since 3 April 2019, defines zina as intercourse between a man and a woman not validly married to each other; for Muslims proved guilty by confession or four witnesses the penalty is stoning to death if married, or 100 strokes and a year in prison if not. Acting as a procurer is a separate Syariah offence. In May 2019 the Sultan said a de facto moratorium on executions applies to the Order.
Legal model
Selling and buying prohibited. Selling sex is an offence (criminal or administrative), whether or not buying is.
Brunei has two layers. For Muslims, the Syariah Penal Code Order 2013 makes all sex outside marriage the offence of zina, so selling and buying sex are offences through that general provision. The civil Women and Girls Protection Act criminalises brothel-keeping, living on the earnings of prostitution and soliciting on behalf of women, but not selling or buying as such.[1][2]
At a glance
| Question | Status | In short |
|---|---|---|
| Selling sexual services | Illegal Criminal offence | For Muslims, selling sex is zina under the Syariah Penal Code Order (stoning to death if married, 100 strokes and one year if unmarried, where proved by confession or four witnesses; lesser penalties on other evidence). The civil Women and Girls Protection Act has no offence of selling sex itself.[1][2][3] |
| Buying sexual services | Illegal Criminal offence | For Muslims, paying for sex is zina, punishable as for the person selling. No civil offence of buying sex from an adult was found in the Women and Girls Protection Act.[1][2] |
| Brothels and managed venues | Illegal Criminal offence | Keeping, managing or assisting in the management of a brothel, or knowingly permitting or letting premises to be used as one, is punishable with one year and a fine of B$5,000, and five years and B$20,000 on a second conviction. A brothel is a place used by two or more women or girls for prostitution.[2] |
| Third parties profiting (procuring / pimping) | Illegal Criminal offence | Knowingly living wholly or partly on another person's prostitution, or persistently soliciting in public on behalf of a woman or girl, carries five years and a fine of B$20,000, with possible whipping for men. Under the Syariah Order, acting as a procurer for a purpose contrary to Islamic law carries up to B$12,000, three years, or both.[1][2][4] |
| Advertising sexual services | Illegal Criminal offence | No provision specifically on advertising sexual services was found. Advertising for others would fall under soliciting on behalf of a woman (Cap. 120 s. 5) or acting as a procurer under the Syariah Order, and abetting zina is itself an offence.[1][2] |
The law in detail
Selling sexual services
For Muslims, selling sex is zina under the Syariah Penal Code Order (stoning to death if married, 100 strokes and one year if unmarried, where proved by confession or four witnesses; lesser penalties on other evidence). The civil Women and Girls Protection Act has no offence of selling sex itself.[1][2][3]
Confidence: medium. Read in a scanned Government Gazette copy hosted by the ICJ; parts of s. 69, including any provision on non-Muslims, are illegible in that copy. The Attorney General's Chambers PDFs returned errors. Civil soliciting offences in the Penal Code (Cap. 22) and the Miscellaneous Offences Act were not reviewed.
Checked 30 October 2026
Buying sexual services
For Muslims, paying for sex is zina, punishable as for the person selling. No civil offence of buying sex from an adult was found in the Women and Girls Protection Act.[1][2]
Confidence: medium. Whether and how zina applies to non-Muslims could not be read in the copy reviewed; the civil Penal Code was not reviewed.
Checked 30 October 2026
Brothels and managed venues
Keeping, managing or assisting in the management of a brothel, or knowingly permitting or letting premises to be used as one, is punishable with one year and a fine of B$5,000, and five years and B$20,000 on a second conviction. A brothel is a place used by two or more women or girls for prostitution.[2]
Confidence: medium. Read in the 1984 Revised Edition, hosted by a third party; later amendments were not checked.
Checked 30 October 2026
Third parties profiting (procuring / pimping)
Knowingly living wholly or partly on another person's prostitution, or persistently soliciting in public on behalf of a woman or girl, carries five years and a fine of B$20,000, with possible whipping for men. Under the Syariah Order, acting as a procurer for a purpose contrary to Islamic law carries up to B$12,000, three years, or both.[1][2][4]
Confidence: medium. Cap. 120 read in the 1984 Revised Edition; the US State Department reports in 2026 that s. 5 is still used, with the same maximum penalties.
Checked 30 October 2026
Advertising sexual services
No provision specifically on advertising sexual services was found. Advertising for others would fall under soliciting on behalf of a woman (Cap. 120 s. 5) or acting as a procurer under the Syariah Order, and abetting zina is itself an offence.[1][2]
Confidence: low. Inference from general provisions; broadcasting, internet and publications law was not reviewed.
Checked 30 October 2026
Key legislation
| Law | What it does here | In force |
|---|---|---|
| Syariah Penal Code Order, 2013 (Brunei Darussalam Government Gazette, 22 October 2013) Syariah Penal Code Order 2013 s. 68 · s. 69 · s. 73 · s. 205 | Zina (sex outside marriage) and acting as a procurer; applies chiefly to Muslims.[1] | 3 April 2019 |
| Laws of Brunei, Chapter 120, Women and Girls Protection (Revised Edition 1984) Women and Girls Protection Act (Cap. 120) s. 2 · s. 3 · s. 4 · s. 5 · s. 6 | Brothels, living on the earnings of prostitution, soliciting on behalf of women, traffic in women and girls.[2] | 19 April 1973 |
Timeline
- 19 April 1973The Women and Girls Protection Act comes into force, providing for the suppression of brothels.[2]
- 22 October 2013The Syariah Penal Code Order 2013 is published in the Government Gazette.[1]
- 3 April 2019The Syariah Penal Code Order enters fully into force, including hadd punishments for zina.[3]
- 5 May 2019The Sultan states that a de facto moratorium on executions also applies to cases under the Syariah Penal Code.[3]
Sources
- Syariah Penal Code Order, 2013 (Brunei Darussalam Government Gazette, 22 October 2013). Government of Brunei Darussalam (copy hosted by the International Commission of Jurists), 22 October 2013. legislation · accessed 30 October 2026
- Laws of Brunei, Chapter 120, Women and Girls Protection (Revised Edition 1984). Attorney General's Chambers, Brunei (copy hosted by The Warnath Group), 1984. legislation · accessed 30 October 2026
- Brunei's Pernicious New Penal Code. Human Rights Watch, 22 May 2019. ngo · accessed 30 October 2026
- 2026 Trafficking in Persons Report: Brunei. U.S. Department of State, 2026. government · accessed 30 October 2026