حكم الزنا في الشريعة الإسلامية والقانون البروناوي

Abstract

Illicit-intercourse (zina) is one of the serious crimes that should be punished by Hadd. This crime had interfered most of Islamic Countries including our country, Brunei Darussalam. Unfortunately, the criminals under this offence are not only sentenced under adultery cases but also involved under incest such as a father having sexual intercourse with his own daughter and a wife having sex with someone other than her husband. Therefore, this thesis will analyse the factors or causes which lead to this crime especially in terms of implemented punishment in adultery and incests under section 178 of Religious Council and Kadis Courts, Chapter 77, 1984. Then I will make comparisons between the punishment of Kadis Courts and Hadd punishment under the Islamic Laws and penetrate Kadis attitudes in penalizations these cases. Based on this research, we can conclude that the punishment which is applied nowadays is not the Hudud but it is the Tazir and generally, most of Kadis' penalizations in trials are inconsistent and too linean. Indirectly, it is absolutely different from the punishment which is performed by Islamic Laws for this crime. So, in order to apply this punishment in Brunei Law and System, first of all, the government must give accurate informations about Hudud to our society. No doubt that this hudud implementation will cause ammendment in Brunei Constitutions. This modification in our constitution can not be done except by the permission from High Majesty Of The Royal Highness Negara Brunei Darussalam.