إجراءات الدعوى القضائية: دراسة مقارنة في الفقه الإسلامي والقانون البروناوي

Abstract

The prosecution is an important element under the Syariah law enforcement division. It is an important part of the role in bringing the arrested person or the person who committed the offense to be brought to justice. This main aim of this study is to compare prosecution procedures in Islamic law and Brunei law. To reach this aforementioned aim, the researcher used the descriptive method, which is based on induction, analysis and comparison. This study is based on heritage sources and references in Fiqh Islam. Then, the researcher compared the Islamic law with Brunei law in the prosecution procedures. This study discusses the prosecution in Islamic law which consists of the concept prosecution according to the four doctrines, its pillars and conditions as well as the type of indictment. In Brunei law, it specifically touches on the foundation of Shariah courts and their jurisdiction. This study also discusses the description of the prosecution procedure in the judicial system according to the stage that is at the initial stage and during the court trial and its comparison in Islamic law and Brunei law. Next, this study discusses the method of proof as well as its comparison in Islamic law and Brunei law. Based on above, this study is divided into three clauses. In conclusion, the prosecution is a step taken by the prosecutor to prove the accused person has committed an offense or wants to defend a right, and the trial procedure in Brunei Darussalam has its own procedure based on guidelines outlined by Islamic law.