القضاء بالشاهد واليمين في الفقه الإسلامي وقانون بروناي

Abstract

As we know, judicial system plays a very important role in forming peacefulness of any country. Without this fairly judicial system, many arguments, conflicts, crimes and problems will occur which might cause the country becomes a distraction and turbulence country. However, the judicial system will not stand still without a wise judge. Moreover, there is number of ways in stating the evidence to sentence any queries, which is indirectly, can help the judge to find the truth and sentence wisely and correctly. Therefore, due to this factor, the writer has chosen a topic for this thesis ″Judicial system by a witness and oath of plaintiff in Islamic Jurisprudence and Brunei Law″ which is aimed in gaining more knowledge and clarifying with more easy way to understand. This thesis is focusing on problems of stating the evidence through a witness and oath of plaintiff in Islam. The thesis methodology refers from books of Feqh, Brunei Law, and internet. The writer has divided it into two chapters. The first chapter is all about understandable of judicial system, witness and oath from its meaning, dalil-dalil, hukumhakam, conditions and types and so on. Meanwhile the second chapter is discussing about the problem of stating the evidence through a witness and oath of plaintiff whether it can be accepted or not in affirmation of any civil and crime cases. As a result, from this thesis, Islamic Jurisprudence and Brunei Law have similarity, which is judicial by a witness and oath of plaintiff can only be accepted in civil cases.