جريمة السرقة في الفقه الشافعى مقارنا مع قانون بروني دارالسلام

Abstract

The crime of theft is a serious crime because it threatens the safety and security of the society as most of the time it is committed secretly or unknown to others. Allah who knows humans’ behavior has ordained the legislation to prevent such crime and warn the offender. The legislation to this unlawful behaviour is to amputate the hands of thieves with certain terms in Islamic Laws. The main aim of this research is to compare the the Fiqh (jurisprudence) Shafi’i with the law of Brunei Darussalam. This is to contribute and enhance the academics’ writing related to Fiqh Shafi’i and to support the implementation of Islamic Criminal Act in Negara Brunei Darussalam. Hence the objectives of this research are definite of act of theft, to find out the element, the terms of thieves, the punishment of theft and how to convicted it in Fiqh Shafi’i and the Law of Brunei. The research is based on heritage sources and references in the Fiqh Shafi'i and scholars’ opinion. It is also based on modern and latest sources in international islamic conference. This research contents three parts, Part I: theft in Fiqh Shafi’i, Part II: Theft Law in Brunei Darussalam, and Part III: Comparison of theft in Fiqh Shafi’i and the law of Brunei Darussalam. An interview was done with the official in Brunei High Court to clarify crime of theft in law of Brunei to make comparison between Fiqh Shafi'i and Brunei Darussalam’s Criminal Law. Following that a descriptive analysis was used to compare the information given with the earlier sources and references of the Fiqh Shafi’i. The result of this research shows that there is similarity and difference between Fiqh Shafi’i with the Brunei’s Law in the defining theft, the elements and terms of thieves including its punishment. In conclusion, both Fiqh Shafi’i and Law of Brunei viewed the crime of theft deserved to be appropriately penalised or punished.