عقوبة الاشتراك في الجريمة: دراسة مقارنة في الفقه الإسلامي والقانون البروناوي

Abstract

This research will discuss the punishment for participation in crime from Islamic Juriprudence and Law of Brunei. This research follows the inductive and anlytical approach in order to fulfil the objective of this research. Information is gained from Al-Quran, hadith and scholar thoughts in fiqh books and numerous type of legal acts books. Through these approaches, this research will give the similarities and differences of punishment for complicity in crime between two different two different laws perspectives and identify the implementation in Islamic Jurisprudence and law of Brunei. This research will point out various aspects of the definition of punishment for complicity in crime, from characteristic, requirement and circumstances of complicity in crime. This research will explain the punishment in Islamic perspectives, which is Hudud and Qisas. Whilst, law in Brunei is keener to ta’zir such as imprisonment and a fine or whipping. In conclusion, this research will explain details of the punishment for participation in crime from Islamic Juriprudence and Law of Brunei.