عقوبة السجن : دراسة مقارنة بين الشريعة الإسلامية والقانون البروناوي

Abstract

This research entitled Imprisonment : A Comparative Study Between Islamic Law and Laws of Brunei aims to identify crimes that lead to the implementation of the imprisonment based on the laws used by ancient scholars and jurists and to analyze how the implementation of the imprisonment in Brunei Darussalam and so on. This research talks about the explanation of the meaning of “Punishment” itself and also the meaning of “Prison” as well as in terms of both language and terminology. It also consists of the evidence which put their legitimacy from the Quran and the Sunnah and the consensus. This research also consists of the different types of opinions between the Islamic scholars on imprisonment and related types of crimes. This can also lead to different types of prisons that is defined by the Islamic Law and Laws of Brunei. It also includes the verses of the Quran and hadith relating to imprisonment and the duration of punishment and etc. It also includes the rights of the prisoner during their punishment in prison as defined by the Islamic Law and Laws of Brunei. Lastly, this research talks about the comparison between Islamic law and Laws of Brunei in their agreement and also their differences in terms of the concept of a prison punishment and types of crime that lead to it and so on. Accordingly, the researcher will use the historical approach in that it will review the historical books that relate to this subject to compare the laws used by the jurists in Brunei Darussalam and etc.