Constitutional Matters II - Succession and Regency Proclamation, 1959 · Revised Edition · Part 2
6. Council of Succession
Official textFrom Attorney General's Chambers, unchanged
There is hereby established the Majlis Mesyuarat Mengangkat
Raja Brunei, to be styled in English as the Council of Succession.
Council of Succession
“Council of Succession” means the Council of Succession appointed under subsection (1) of section 6;
Succession and Regency Proclamation 15
The Council of Succession shall consist of —
such Malay Members of the Council of Ministers professing the Islamic Religion, save where His Majesty the Sultan and Yang Di-Pertuan otherwise decides, as may be appointed by
His Majesty the Sultan and Yang Di-Pertuan;
any person who holds the dignitary or office of Cheteria or any Pehin Manteri appointed by His Majesty the Sultan and Yang
Di-Pertuan;
Ex-Officio Members, namely the Mufti Kerajaan and Chief
Syar’ie Judge;
any Malay Member of the Religious Council professing the
Islamic Religion and has expertise in Hukum Syara’ appointed by
His Majesty the Sultan and Yang Di-Pertuan;
persons of the Malay race professing the Islamic Religion as are appointed by His Majesty the Sultan and Yang Di-Pertuan.
No person of the blood of the Sultans of Brunei Darussalam shall be a Member of the Council Succession.
Every Member of the Council of Succession shall hold his office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
His Majesty the Sultan and Yang Di-Pertuan
“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
Save where His Majesty the Sultan and Yang Di-Pertuan otherwise decides, the President of the Council of Succession shall consist of a Member of the Council of Succession appointed under subsection (2)(b)
and the Vice-President shall consist of a Member of the Council of
Succession who has expertise in Hukum Syara’ and, in the absence or inability or unwillingness to act of the President, the Vice-President shall discharge the function of the President under this Proclamation or otherwise.
If, during the Interim Period, there is for any reason no President or Vice-President of the Council of Succession, or in the absence or inability or unwillingness to act of the President or the Vice-President of the Council of Succession, as the case may be, the most senior Member of the Council of
Interim Period
“Interim Period” means the period between the time of the confirmation under subsection (1) of section 12 by the Council of Succession and the lawful Successor declared under subsection (2) of section 3 that His Majesty the Sultan and Yang Di-Pertuan is incapable for the time being of performing the State functions and the time of the declaration or decision under subsection (1) of section 12 that His Majesty the Sultan and Yang Di-Pertuan has so far recovered his health as to warrant his resumption of the State functions;
Succession present shall be the President and the second most senior among the Members of the Council of Succession present shall be the
Vice-President.
Succession and Regency Proclamation 16
Terms defined in art 2
Council of Ministers
Defined · art 2“Council of Ministers” means the Council of Ministers established by the Constitution;
Council of Succession
Defined · art 2“Council of Succession” means the Council of Succession appointed under subsection (1) of section 6;
His Majesty the Sultan and Yang Di-Pertuan
Defined · art 2“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
Interim Period
Defined · art 2“Interim Period” means the period between the time of the confirmation under subsection (1) of section 12 by the Council of Succession and the lawful Successor declared under subsection (2) of section 3 that His Majesty the Sultan and Yang Di-Pertuan is incapable for the time being of performing the State functions and the time of the declaration or decision under subsection (1) of section 12 that His Majesty the Sultan and Yang Di-Pertuan has so far recovered his health as to warrant his resumption of the State functions;
Islamic Religion
Defined · art 2“Islamic Religion” means the Islamic Religion according to the Shafeite sect of Ahlis Sunnah Waljamaah;
Religious Council
Defined · art 2“Religious Council” means the Religious Council constituted by Part II of the Religious Council and Kadis Courts Act;