Chinese Customary Law in Brunei: A Historical Perspective, Past and Present

Abstract

This paper attempts to discuss about the Chinese customary law. There are various customs which has existed under this law. However, this particular paper would only be focusing on the area of marriage and divorce. These two customs, under the Chinese Law, are believed to have existed for over 2000 years ago and are still currently in practice in Brunei. It is important to note that these customs are subject to modification to fit the present condition of the country. Discussion to be made in this paper would particularly be on how the present law of Brunei helps in regulating and protecting the old customs from the past Qing Dynasty. In addition, discussion on the application of these customs in the country of Brunei would also be made subsequently. And last but not least, this paper also hopes to highlight the strength and the importance of such customs to the society at large.