عقوبة السرقة في الفقه الإسلامي والقانون البروناوي

Abstract

Allah Ta’ala urge us to protect ourselves and values. Therefore, Allah Ta’ala stated about punishments to those who commit crimes. Furthermore, there are a lot of punishments in Islamic fiqh that protects ourselves, values and moralities. For example, punishments for committing thefts, there are cutting hands and compensations. Even though there are a lot of peoples who understand about punishments those who committing crimes in Islamic Fiqh, however there are still people who don’t understand about punishments those who committing crimes in laws of Brunei. For an example, about thefts most of the people does not really understand about conviction of thefts in laws of Brunei. Therefore, this thesis will discuss about punishments of thefts in Islamic Fiqh and laws of Brunei in terms of the definitions, punishments and convictions of thefts. In addition, this thesis will also discuss about comparison about punishments in Islamic Fiqh and in Laws of Brunei. This thesis uses two methodologies in its completion as follows: descriptive method and field observation method. With this, we will able to distinguish the differences of punishment of thefts in Islamic Fiqh and in Syariah Law in Brunei in terms of its definitions and the punishments. After conducting the research with reference sources, in Islamic Fiqh, there are punishments of had specifically and then Takzir which have a lot of similarities in Syariah Law in Brunei. Despite that, in Syariah law, there are Takzir specially made in Syariah Law in Brunei. For example accomplice in committing thefts and attempted thefts which are not specifically made in Islamic Fiqh.