شروط القاضي في الفقه الشافعي والقانون البروناي

Abstract

As we know, judicial system plays a very important role in forming a country’s peacefullness. Without a fairly judicial system, there will be conflicts and disputes and an assorted of crimes and issues that can cause the country becomes a distraction and turbulence country. However, the judicial will not stand on it’s own without a wise jugdes. This study is aboout the requirement of becoming a qadhi in Fiqh As-Shafi’i and the laws of Brunei Darussalam. This study explains the requirement of being a Qadhi in the Fiqh As-Shafi’i and is mentioned in the “Akta Majlis Ugama Islam Brunei, Chapter 77 and “Perintah Darurat” (Syariah Courts). This Law provides for the meaning of qadhi and the conditions of being qadhi. The purpose of this study is to explain that in a court of law a number of important requirement must be taken into account in appointing a person to be a qadhi.