حكم اختطاف الأولاد في الفقه الإسلامي والقانون البروناوي

Abstract

In this research, will discuss about ruling on kidnapping children in Islamic Jurisprudence and Brunei Law and it will divide into three chapters. In chapter one, discuss the meaning of children including verses from Al-Quran and As-Sunnah and the duty of father on his children. In chapter two, explain about kidnapping which is the definition, the verses from Al-Quran that is related to it, the elements, the characteristics, the causes and effects, child kidnapping with intent to rape and sell organs, the punishment and the use of method of Fiqh which is “harm must be eliminated”. While in chapter three is about punishment in Brunei Law which is in Criminal Punishment Code, term 22, The Government Gazette, part two and also Syariah Criminal Penal Code Order, 2102 and also, judgment in Intermediate Court, Brunei. Based on the main findings, it shows that the crime of child kidnapping is an act that can have a negative effect or impact on others, especially parents and children. It is hoped that the information obtained can be used as a reference for other researchers for future research.