المحرمات في النكاح في الفقو الإسلامي والقانون البروناوي

Abstract

Allah The Almighty have ordered mankind into marriages, and Islam encourage its pupils to marry each other to build a family and to restrict the relationship between male and females. However, under some circumstances, Allah The Almighty forbids the mankind to marry some women. This is due to the elements that forbids the marriage, either it is forbidden for temporary reasons or eternity. Forbidden for eternity is the forbidden from marrying a particular woman for eternity, there are three terms, forbidden by lineage, forbidden by marital relationships and forbidden due to breast feeding. Forbidden for temporary reasons is because due to particular reasons that results in forbidding to be married such as marrying two related sisters in one marriage, or marrying a woman and her mother or her aunt. In addition, this thesis also explained the women that are forbidden to be married according to Islamic Family Law 2102, where there are sections that explained in accordance to Fiqh Islam. This thesis contains two sections. The first section contains the meaning of marriage and its understanding according to Fiqh Islam and Brunei’s Law. In section two describes the women that are forbidden to be married according to Fiqh Islam and Brunei’s Law also contains the penalties for marrying the forbidden women according to Brunei’s Law. This thesis’s objectives is to give understanding about the issues of women that are forbidden to be married according to Fiqh Islam and Brunei’s Law through the discussion of Islamic Scholars of Fiqh Islam from School of Thought from Ahli Sunnah Wal Jama’ah dan explanation from written law’s of Brunei about penalties for people who breaks the law. My references is from Fiqh’s books, articles, books about fiqh’s problems and a discussion with my teacher about this thesis. Lastly I hope this thesis will be beneficial amongst people, because have yet to fully understood about women that are forbidden to be married according to Fiqh Islam and Brunei’s Law.