التفريق القضائي بين الزوجين للضرر دراسة مقارنة بين الفقه الإسلامي والقانون البروناوي

Abstract

Researcher chose a title that revolves about the dissolution of marriage by dharar. Among the main focus of his study is to investigate the implementation of dharar in Brunei Syariah Court and also to differentiate both studies by Islamic Law and Brunei Law. The Purpose of this study is to understand dharar and other related causes of marriage dissolution between Islamic law and the Islamic Family Law 1999. Besides to gain informations and laws that are related to the causes of marriage dissolution according to the 'fuqaha'. the study also form on how it is implemented in Brunei Syariah Court. Dharar is one of the divorce methods to end a marriage. Also mentioned other related causes (such as: syiqaq, 'ila, zihar, li'an, 'aib, apostasy, supernatural situation or lost or imprisoned and difficult to provide for provision) in which all these causes also affect and causing disabling of a marriage. The method reviewed in this research mostly using the induction method, where it is used to review the 'fuqaha' opinions. The other method used is analysis method, which means to examine the 'fuqaha' opinions and choose the agreed. Also, the comparative analysis where the researcher compares all information in terms of Fiqh Islam and the Brunei Syariah Law and describes any differences or similarities between the two. All of this research refers to old books (turath), contemporary book, through the internet and also by doing Syariah Court. The conclusion of this study fount that the number of cases caused by martial dissolution by dharar in Brunei was not too much and its is must be settled through the Syariah court which are handle by using the method or procedure execution cases as arranged in Islamic Law.