http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/2141 Tue, 26 Nov 2019 11:16:37 GMT 2019-11-26T11:16:37Z http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3154 Title: عقوبة الجلد بين الفقه الإسلامي وقانون بروناي Authors: Faizi bin Tarif Abstract: The focuses of this research to study the subject of whipping punishment between the Islamic jurisprudence and the law of Brunei (comparative study), where the method applied under Islamic law is totally different than what has been practiced under Brunei law. Whipping in Islamic jurisprudence does not intend to severely injure on the offender physically, but it is meant to sufficient deter him from committing a crime in the future and serve as an example and deterrent for the public from committing such similar crimes. This study contains three main chapters. First chapter, I discussed about the whipping punishment in Islamic jurisprudence, and the second chapter, I discussed about the death of skin in the law of Brunei, and then in the third and last chapter I discussed the effects of whipping punishment psychological behavioral, and social in Islamic jurisprudence and the law of Brunei, along with the conclusion and recommendations. The researcher also made a comparison between Islamic jurisprudence and the law of Brunei relating to whipping with approach of jurists in discussing the issues and explaining the position of the different schools of thought, as well as the explanations the crimes that will be punished by whipping and the way of whipping, and also the analysis of the impact of whipping punishment on the guilty and society. Thu, 01 Jan 2009 00:00:00 GMT http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3154 2009-01-01T00:00:00Z http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3145 Title: الدفاع الشرعي الخاص في الفقه الإسلامي والقانون الجنائي البروناوي: دراسة مقارنة Authors: Nurussolihah binti Safar Abstract: This study highlighted laws that are related to the concept of private defence in accordance with Islamic and Brunei’s Law. The term ‘al-difā al-shārie' which means one’s should save one’s soul, dignity and property with an appropriate strength to prevent an assault, was extensively discussed in this study. For a condition to be ruled as al- difā, several requirements have to be meet for it to be legitimate. Therefore, this study was conducted to find out what is right and what is required of a person in private defence according to Imam al Arbā’ah and Brunei’s law. It is hoped that this study will enlighten the public especially a Muslim, on their rights and duties when defending themselves from an assault, yet knowly the limit of private defence. An analysis of comparison between the content in shariah’s provision and Brunei’s Law was done by collecting the opinions from jurists through books of Fiqh and obtaining information on the concept of a valid defence in Brunei’s Law, for instance, a case that is related to private defence which was filed in the court and acts that is stipulated in the penal code of Brunei. Results show no significant difference in the laws of aldifā according to the Brunei’s Law and jurists, except some of the jurists opine that it is compulsory and others opine that it is not. Meanwhile the Brunei’s law considers aldifā as a right conferred on a person, hence one’s can either to defend oneself or not. Islamic Law divides defence into three types; private defence of body, private defence of dignity and private defence of property, in which only two of them are mentioned in the penal code of Brunei’s law; private defence of body and private defence of property. For a defence to be considered as legitimate, it is found that as long as the private defence does not exceed the limit and follows the conditions described by jurists and law, then it is legitimate. However although there are many cases that are related to private defence in the civil court of Brunei, they are not categorised as legitimate defence, though they are legitimate defence according to Fiqhul Islami. Thu, 01 Jan 2015 00:00:00 GMT http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3145 2015-01-01T00:00:00Z http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3144 Title: أحكام المنتجات الصيدلية المتضمنة لمواد محرمة Authors: Yusri bin Abdul Majid Abstract: The objective of this study is to explain the rulings of pharmaceutical products containing haram substances (illegal or offences or sin or prohibited or illicit substances or there is warning about it, all of those have one meaning that is: a matter that is rewarded when ignoring it and punished when practicing it, with the purpose of obedience on preventing the Islamic prohibition). The approach taken in this study is an inductive and analytical approach. In the inductive approach, the researcher had collected and extracted data from old and current fiqh books and also evidences from the al-Qur’an and al-Hadith. This study also highlighted the contradictions and consensus amongst the scholars of the four schools on the rulings of pharmaceutical products containing haram substances. Analytically the explanations and reviews gathered via the inductive approach are further discussed. The study further analyses the main problem which is the view of the scholars in the use of pharmaceutical products containing the haram substance and the circumstances that are allowed to be used. To seek knowledge about halal and haram is an obligation. It is not intended to cause inconvenience to people, but as a mercy for them. Educating and keeping Muslims away from things that are haram is a priority. This is because for any man’s meat that grows out of haram substance then the Fire is for him. Wed, 01 Jan 2014 00:00:00 GMT http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3144 2014-01-01T00:00:00Z http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3119 Title: Pembuktian Jenayah Zina Dalam Perundangan Islam: Kajian Pelaksanaannya di Mahkamah Syariah Negara Brunei Darussalam Authors: Hadiyati binti Abdul Hadi Abstract: This research examines the means of proving zinā under the Islamic Law and its implementation in the Syariah Courts of Brunei Darussalam. In respect of punishments, there are distinct differences between the punishments prescribed for the offence under Islamic Law and the punishments under the applicable law in the Syariah Courts; where according to Islamic Law, punishments for zinā involve ḥadd punishment which is stoning to death, whipping and being sent into exile (state or district). Whereas under the applicable law in the Syariah Courts, zinā offences are only punishable by taᶜzīr, either imprisonment or fine. Since most classic fiqh books have deliberated that zinā is punishable by ḥadd, several Islamic Law Practitioners in Brunei Darussalam had held different views concerning the means of proving zinā. Some are of the view that the burden of proof is still the same regardless whether zinā is punishable by ḥadd or taᶜzīr. This research will further exclusively analyze the issue regarding the differences between ḥadd and taᶜzīr together with their burden of proof and the real practice of proving zinā punishable by ḥadd and taᶜzīr in addition to the study of the implementation of carrying out punishments of zinā offence in the Syariah Courts. In conducting this research, researcher has applied primary data source where interviews are carried out with various law enforcement agencies involving Syar’ie Judge, Syar’ie Prosecutor, Syar’ie Lawyer and Syar’ie Law Enforcement Officers; and simultaneously has utilized secondary data source comprised of classic fiqh books, contemporary fiqh books, juornals, court judgments and others. The research findings has identified that there are apparent differences in proving zinā punishable by ḥadd and zinā punishable by taᶜzīr, in terms of shahādah, iqrār, qarīnah, bayyinah, expert’s opinion and many more. Further, the researcher has proposed that the view of some classic Islamic jurists and comtemporary Islamic scholars that qarīnah can be used as primary evidence to prove zinā cases punishable by ḥadd be considered, taking into account the advance ability of science and technology nowadays. Wed, 01 Jan 2014 00:00:00 GMT http://e-ilami.unissa.edu.bn:8080/jspui/handle/123456789/3119 2014-01-01T00:00:00Z