أحكام الجنين في الفقه الإسلامي والقانون في بروناي دارالسلام

Abstract

This academic exercise is mainly aimed to explain the definition of fetus and the provisions of the fetus in the perspective of Islamic jurisprudence and law in Brunei Darussalam specifically in abortion and inheritance. Abortion is a deliberate abortion of the fetus without exigent before the end of the normal pregnancy period and it is considered a crime in Islam. And also explains the views of the scholars on the abortion laws of the fetus before and after the blowing of spirits. In addition, it describes the penalties contained in Islamic jurisdiction and laws of Brunei Darussalam which refers to the Syariah Criminal Code 2013 and Criminal Procedure Chapter 22 and to explain the applicable law in carrying out the sentence. And the purpose of academic exercise is also to describe the fetus's right of inheritance where the fetus's condition for obtaining property should be alive after birth and contains 5 conditions for getting property. The methodology used in this academic exercise is to use reference material for reference books, dictionaries, magazines and also Islamic law books. As a result of this academic exercise, it can be seen that some important conclusions include understanding the meaning in fetal laws, specifically in fetal abortion and fetal inheritance. In abortion, it is possible to know the difference in penalties in Fiqh and the law in Brunei Darussalam where they both punish the criminals. In Islamic Fiqh the criminals will be charged for diyat and kafarah while in the law in Brunei Darussalam, the criminals will be fined and jailed. While the fetus's rights section, it is possible to know the conditions and circumstances that enable the fetus to obtain the inheritance and distribution of the property under the unit of inheritance at the Syariah Court of Brunei Darussalam.