Pembubaran Perkahwinan di dalam Akta Undang-Undang Keluarga Islam Negara Brunei Darussalam

Abstract

The issue of dissolution of marriage is not a new thing in the life of a universal human being. Although it is a matter of unwanted couples, it often happens when marriage fails to achieve its objectives. For most couples marriage dissolution is seen as the last resort to get out of the problems faced by the household. In Brunei Darussalam, the dissolution of marriage among Muslim societies is governed by the Islamic Family Law Act. This study examines the provisions relating to the dissolution of marriage contained in the act. The study also analyzes the cases of marriage disputes registered in the Syariah Court to obtain information on the major factors contributing to the divorce, and to see how far the rights of the marriage liquidation are claimed and obtained. This study has made several proposals for reducing the dissolution of marriage in Brunei Darussalam. This study was conducted through a qualitative study to achieve the objectives of the study. The qualitative study used in this study is library study, field study, case study and document analysis. Field studies were conducted at the Brunei Muara District Syariah Advisory Services Division and the Syariah Court Division for research resources. Sources of printed materials are also available at other libraries in Brunei Darussalam. In addition, researchers also obtain resources through live interviews with officers in the Brunei Muara District Syariah Court and the Family Advisory Services Division, the Syariah Affairs Department. As a result of the research, researchers have found that the main factor causing the dissolution of marriage in Brunei Darussalam is that there is no understanding between husband and wife with a total of 1,095 cases and the abolition of responsibility and maintenance of wives and children with a total of 1,000 cases. Researchers also found that the most divorced marriages registered at the Syariah Court of Brunei Darussalam were talaq divorce with a total of 1,928 cases. The issue of dissolution of marriage is an issue that can not be avoided but can be mitigated with some suggestions. Therefore, this study has outlined and explained some suggestions that allow each spouse to form a happy family and avoid all problems of misunderstanding between spouse and dissolution of marriage