القرائن المعاصرة ودورها في الإثبات الشرعي مقارنة بالقانون البروناي

Abstract

This Academic Exercise is aimed to analyze and understand the position of Qarinah as a method of proof in Syariah especially in the case of crime. The main discussions of this Academic Exercise are the meaning of Ithbat and its classification, the classification of Qarinah and the opinions of the scholars about Qarinah. In addition, there are some examples of Modern Qarinah that are being used widely nowadays. Moreover, this Academic Exercise also discusses Qarinah in Brunei legal perspectives. To achieve these objectives, this Academic Exercise has used the methodology of library research by referring and analyzing the information in Islamic Jurisprudence books, articles, law journals and Laws of Brunei. In conclusion, the important findings of this Academic Exercise are there are some disagreements in the issue whether Qarinah is applicable in proving cases especially cases involving Hudud and Qisas. It is also proved that Qarinah is being used as a method of proof in Brunei Darussalam based on the examples of previous cases.