حق الحضانة وأثرها في الفقه الإسلامي والقانون البروناوي

Abstract

Islam had mandated the preservations of the children until they are capable of taking care of themselves. Therefore, taking care of children is cumpulsory because neglecting them means exposing the children to danger. Furthermore, Islamic law has also given recognition towards hadhanah for every children. In Brunei Darussalam, the provisions of law applicable to the custody of children (hadhanah) subject in Chapter 217, Islamic Family Law. In this thesis focuses primarily to discuss the custody of children (hadhanah) and its impact on the Islamic Fiqh and the laws of Brunei. The methodology of this paper is adopted through a qualitative approach to collecting information from previous cases, libraries and websites. In conclusion, all of the childrens welfare, needs and wants are far more important than both parents needs.