العقوبات التعزيرية ومدى تطبيقها في المحاكم الشرعية البروناوية

Abstract

Statistics show that crimes in Brunei Syariah Court are increasing every year. Inspite of Implementing the Ta'zir sentence, this research is to find out in detail about the sentence in terms of "Feqh Islam". This also to analyse the extent to which Ta'zir sentence used by Syariah court has affected the Brunei society. Thus, this study will be based on Ta'zir sentence concept in terms of Syara'. It will also focus on ways on how the punishment being praticed in Brunei Syariah Courts. This research also touched on Syariah criminal offences together with the penalties as provided in the 77th act of Islamic Religious Council and Kadi Courts. Also embedded in this study are few Syariah criminal cases which were brought into courts. The result was sentenced according to the crime they have made. The research methodology refers from books of Feqh and also from the Brunei Laws which relating to the Ta'zir sentence. The research also shows that the sentence carried out in Brunei Syariah courts are based on "Hukum Syara". Hopefully, this academic study will be beneficial for all of us.