أحكام السرقة وكيفية تنفيذها في التشريع الإسلامي والقانون المدني بروناي دارالسلام: دراسة مقارنة

Abstract

This research will discuss the sariqah and the implementation from Islamic law perspective and civil law practiced in Brunei Darussalam . The researcher follows the inductive and analytical 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 ,the researcher will be able to give the similarities and differences of sariqah between two different laws perspectives and identify the implementation in Islamic law perspective and civil law practiced in Brunei .The researcher will point out various aspects of sariqah, from the characteristic of thief , the kind of stolen things aspect and the way of conviction. The research will explaine the punishment in Islamic perspectives,which is amputation hand. Whilst ,civil legal practiced in Brunei is more keen to ta'zir such like imprisonment and a fine or whipping. There will be some similarities when it comes to objectives, that is to prevent harm and mischievous. By the range of differences, the researcher will able to explain the details of Sariqah between Islamic theory and civil practiced perspectives in Brunei.