المحكمة المدنية والمحكمة الشرعية في بروناي: دراسة مقارنة في اختصاص كل منهما

Abstract

The government of a country has a set law created to maintain the harmony and peace within their respective country. With Islam being the official religion of Brunei and having a Muslim population of more than 79%, two parallel justice system (i.e., Civil Courts and Syariah Courts) were practiced In Brunei Darussalam with each court having their own specific roles and focuses. To understand how the justice system in Brunei works, this study aims to explore in depth the different roles of both the Civil Courts and Syariah Courts and subsequently to find out the different procedures carried out by both courts in specifically in their jurisdiction processes. In this study, the author will divide this discussion into four parts. The first part will discuss the meaning of law and propositions. The second part will discuss the history of Islam in Brunei and history of law in Brunei. the third part will discuss the existing courts in Brunei Darussalam (Civil Courts and Syariah Courts) focusing on the history of the establishment of each court, jurisdiction and acts. As an addition, in the fourth part, this report will include examples of cases from both Civil Courts and the Syariah Court.