المجاهرة بالفطر في نهار رمضان في الفقه الإسلامي والقانون البروناوي

Abstract

As we know, fasting during Ramadan was an obligation to all Muslims, those who refuses to do so, is committing a great sin, and if it is followed by flagrant breaking in public it is consider a greater sin, because he/she has committed sin (ma’siat) flagrantly. In Brunei Darussalam, eating or drinking in public during daytime of Ramadan is an offense in the Religious Council and Kadis Courts Act, Chapter 77, under section 173. The penalty is a fine of $500 dollars for first offense or $750 dollars for a second offense or $1000 dollars for third and subsequent offenses. One way to control this problem is to increase the fine or term of imprisonment on perpetrators. Source for this academic writing is by reading Islamic books (feqh), located in the library of Sultan Sharif Ali Islamic University and University of Brunei Darussalam, and also from books that available on the internet. This academic writing are filled with information obtained from field studies, by making group discussion with officials in the Syariah Prosecution Division and Religious Enforcement Division to determine the procedures and cases related to flagrant fast breaking in Brunei Darussalam. In addition, resources are also taken from the internet to obtain some information related to Islamic Jurisprudence perspective or according to law. The purpose of this paper is to describe the punishment for those who refuses to fast and explain the penalties for those flagrantly breaking in public according to Islamic Jurisprudence and law. This writing includes three chapters, first chapter is about fasting and month of Ramadan, second chapter is about openly fast breaking according to Islamic Scholars (fuqahā’) and third chapter is about openly fast breaking according to Brunei Law.