Artificial intelligence (AI) offers numerous benefits to the judicial institution, including in case management, legal research, and faster delivery of services to the public, therefore enhancing access to justice.
In Brunei Darussalam, the Syariah Courts have already taken steps towards digitalisation through the e-Syariah system, and AI technology has the potential to further strengthen such efforts.
The potential of AI technology in strengthening the Syariah judiciary was highlighted by Minister at the Prime Minister’s Office (Security and Law) Dato Seri Setia Awang Haji Sufian bin Haji Sabtu. He said this in his remarks as the guest of honour at the opening ceremony of the 4th Nusantara Syariah Judicial and Legal Conference 2026, hosted by Brunei Darussalam from yesterday until tomorrow at a hotel in Gadong.
However, Dato Seri Setia Awang Haji Sufian also noted, “these benefits also come with challenges. First, in terms of accuracy, AI systems can generate answers that appear convincing but are inaccurate, including references to cases or sources that do not exist.
Second, there are concerns surrounding confidentiality, many cases that are in the Syariah Courts particularly family-related matters, involve sensitive personal information that must be safeguarded.”
“Third,” he added, “in terms of statement, the emergence of AI-generated fabricated content, or deepfakes, whether in the form of audio, images or videos, will test existing methods of presenting and proofing evidence in court. From a security perspective, we have also witnessed the misuse of the same technology in online scams and cross-border crimes.”
He also emphasised that AI should be regarded solely as an assistive tool, and not as a substitute for human judgement. Every output generated by AI, whether in the form of case summaries, legal references, translations, or document drafts, must be reviewed, scrutinised, and verified by the responsible officer before being used, particularly in matters concerning the rights and interests of the parties involved.
“Responsibility and accountability for every decision must remain with human beings, not machines. This requires not only caution, but also sufficient knowledge and skills among Syar’ie Judges, Registrars and court officers to identify the limitations and weaknesses of this technology,” he said.
Therefore, he explained, “The use of AI within the Syariah judiciary requires clear guidelines to ensure that its application is ethical, responsible, subject to effective human supervision, and consistent with Islamic law, as well as national and regional policies and frameworks. In Brunei Darussalam, several steps have already been taken in this regard.
“The Authority for Info-communications Technology Industry of Brunei Darussalam (AITI) published the Brunei Darussalam AI Governance and Ethics Guidelines in 2025, while its second edition, issued this year, also incorporates guidance on generative AI.”
The Personal Data Protection Order, 2025, he said, “further strengthens the protection of personal information. For the civil courts, guidelines on the use of AI by judicial officers were issued in 2025, while guidelines for court users are currently being developed.” In keeping with the harmony between the Syariah Courts and the civil courts, which is a distinctive feature of Brunei Darussalam’s judicial system, he reiterated, “these experiences should be shared and leveraged collectively. I understand that other Nusantara countries are also actively pursuing similar initiatives.”
From a legal perspective, he explained, “we need to examine whether the existing Syariah procedural and evidentiary laws are adequate to address digital evidence, as well as content generated or manipulated by AI. This effort requires close collaboration among the Syariah Courts, the Attorney General’s Chambers, the State Mufti Department and relevant agencies, in line with the aspirations of Brunei Vision 2035 and the values of Malay Islamic Monarchy.”
He hoped that the conference will produce practical recommendations, including towards establishing common principles on the ethical use of AI within the Syariah judiciary across the Nusantara region.
He said it should also strengthen cooperation in training and the sharing of expertise, including AI literacy training for judges and court officers, adding: “May these efforts further strengthen public confidence in the Syariah judicial institutions and contribute towards realising our aspiration of becoming a Baldatun Tayyibatun Wa Rabbun Ghafur – a good and prosperous nation blessed by Allah the Almighty.”
SOURCE/AUTHOR : BORNEO BULLETIN/ JAMES KON
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