فسخ عقد النكاح في الفقه الإسلامي وقانون الأسرة البروناوي

Abstract

Dissolution of marriage is a divorce between a husband and wife decided by a Shari'ah court based on the application made by the husband or wife on certain reasons according to Syarak. However, there are still people who have yet to understand the concept of divorce through this dissolution of marriage clearly. Thus, this academic exercise is intended to provide an understanding towards the society regarding the dissolution of marriage. The method of research in this academic exercise gets its inspiration from the Islamic jurisprudence books of the four mazhab, they include Mazhab Hanafi, Maliki, Syafi'e and Hanbali. Similarly, this academic exercise will highlight the various methods of comparison by mentioning the opinions of fuqaha of the four mazhab and the opinion that they agreed upon. This is intrinsically done by taking various dalil from the holy Quran and Hadith An-Nabawi. This academic exercise is divided into three chapters. The first chapter describes about divorce between husband and wife and the factors of divorce. Then the second chapter explains the dissolution of marriage as mentioned by the scholars according to Islamic Law and the causes of dissolution. Lastly, the third chapter discusses about procedures related to the dissolution of marriage according to the relevant provisions that are laid down by the legislature in the Emergency (Islamic Family Law) Order, 1999 of Negara Brunei Darussalam. As a result of this research; some reasons for fasakh that cause the dissolution of marriage are because of defects of marriage, husband does not provide nafkah, conflict between spouses, husband unseen or lost or in prison, and apostate either one of the spouse.