أحكام الصغير في الفقه الإسلامي والقانون البروناوي

Abstract

Children are a gift from Allah SWT where parents are held accountable to take care of and educate them to be beneficial. Children can also be defined as someone who has yet reach baligh. Therefore, research must be done and on what baligh means based on the views of ulama dan fuqaha as well as the Syariah Law of Brunei. Based on the research, there are some conflict or disputes among the views of ulama and fuqaha with regards to child marriage because some fuqaha opined that it is valid for a child to get married although they have not reach baligh. This shows that there are many laws regarding children issues. There are also contradiction regarding the rights of children. The right or waris is one of them. Therefore, this shows that there are various hukum regarding the children’s right and issues. Negara Brunei Darussalam is similar to other countries that has difficulties among society involving children that requires attention in which, the Law of Brunei does not have much contradiction between Hukum Syara’ though there are similarities in between.