التفريق بين الزوجين باللعان في الفقه الإسلامي وقانون بروناي

Abstract

Researchers chose a title that revolves about the dissolution of marriage, especially in li‟an. Among the main focus of this study is to investigate how the implementation of li‟an in Brunei Syariah Court and also the differentiate in the implementation of li‟an by Islamic Law and the Brunei Syariah Court. The purposed of this study is to understand li‟an in terms of Islamic Law and The Islamic Family Law 1999. Besides to gain informations and laws that are related to li‟an according to the „fuqaha‟, the study also form on how li‟an is implemented in Brunei Syariah Court. Li‟an is a divorce method of ending the marriage, when a husband accuses his wife of adultery and cannot prove it with four witnesses. The method reviewed in this research are mostly induction method to review the „fuqaha opinion. The other method use are analysis method to examine the fuqaha opinion and choose the agreed. All of this research refers to old book (turath), contemporary book, through the internet and also by doing interview with some of the staff in Syariah Court in order to get the latest information. The conclusion of this study found that the marital dissolution cases in Brunei Syariah Court are very rare. Li‟an case that happened in the Brunei Syariah Court is mostly related to the denial of the child which were handle by using the method or procedure execution cases as arranged in Islamic law.