التفريق بين الزوجين للضرر دراسة في الفقه الإسلامي وقانون الأسرة الإسلامية البروناوية

Abstract

The focus of discussion in this academic training is about: "Divorce Between the Husband and Wife Because Of Dharar According to Islamic Fiqh and Islamic Family Law (Emergency Order) in Brunei Darussalam", which is based on the opinions of fuqaha jurists and also Brunei’s law. The practical methodology of this writing is with reference to the books of Fiqhiyah of four sects and Law in Brunei Darussalam particularly the Islamic Family Law (Emergency Order) 1999. This academic training is to prevent or to stop wrongdoers where it can cause harm to them or their child. This scientific training is divided into four chapter. The first chapter: divorce and dharar in terms of language and the wisdom behind the divorce, the type of divorce, and five hukum regarding talaq. The second chapter: the meaning of harmonisation of life which includes the legal perspective law pertaining to dharar and the equal rights between husband and wife. The third chapter: Divorce between husband and wife because of dharar in Islamic Fiqh which contains among others the role of kadhi in talaq, the type of divorce that included in dharar, dharar in terms of Islamic, appointment of an arbiter in the arbitration between the husband and wife. The fourth chapter: Divorce because of dharar as contemplated under the Islamic Family Law (Emergency Order) 1999, in Brunei which contain the introduction, the reasons for divorce because of dharar, how to make an application, the right of wife before and after the divorce as snipulated in the Islamic Family Law (Emergency Order) 1999, in Brunei Darussalam. With this academic training also can make or give easier way for Bruneian to learn the right way to make a divorce which in the same term as the fuqaha and also Brunei’s Law.