عقوبة جريمة المجنون في الشريعة الإسلامية والقانون البروناي

Abstract

In this study the researcher seeks punishment for the offenses of insane or insane people in Islamic sharia law as well as civil law in Brunei Darussalam, and then gives the opinion of the famous scholars in it. The purpose of this research is to increase knowledge and understanding of contemporary insanity or possibly insanity or fake insanity (lying insanity) and this is to facilitate the researcher to examine especially where he is accused of committing a crime but insane as in the Syariah Criminal Penal Code Order, 2013. This study also touches on the interpretation of insanity in civil law in Brunei Darussalam based on the provisions under the insanity Act (Chapter 48). The insane crimes in this jurisdiction are all related to Civil law and Shariah law while the legal system in Brunei Darussalam has practiced dualism namely civil and Shariah at the same time. This study will focus for the crime of insane persons recognized by Ahli Sunnah Wal Jama’ah as in Chapter 3(1), Part II, Constitution of Brunei Darussalam.