النظر الفقهي لهدايا الموظفين: دراسة مقارنة بقانون بروناي

Abstract

A gift according to Fiqh is the transfer of title to property without compensation that is sent to the recipient to glorify it. The concept of a gift in the Anti-Corruption Act, Criminal Code Punishment is a gift or a reward for getting something or doing something to do an act related to one's field of duty. While officers mean people who work with the government or companies. In addition, the practice of giving gifts is often practiced in Brunei Darussalam because it is one of the noble practices, however if this practice is implemented without knowing when the time is allowed to receive gifts and vice versa, then a person can fall into a prohibited act corruption). Therefore, the main objective of the author is to identify the similarities and differences in the status of gifts given to officials according to Fiqh al-Islami and the Brunei Code. To complete this study, the author used a reading methods, analyzing methods and a comparative methods. The main similarity in the view of Fiqh and the Brunei Code on the giving of gifts to officials is based on the intention of the person giving the gift, if the intention is to glorify then it is permissible, but otherwise which invites abuse of power for government officials as recipients, then it is prohibited and is punishable. The main difference between the view of Fiqh and the Brunei Code is the awarding of gifts to officers according to the view of the Brunei Code as stated in Regulation 12 of the Government Officials (Conduct and Discipline) Regulations, Public Service Commission Act (Chapter 83) 12 (a): “Officers and their families are prohibited from accepting gifts (other than gifts from their own friends or heirs) whether in the form of money, goods, free fares or other benefits, and from giving such gifts ”. Thus, the author can conclude that the Brunei Code implies Sad Azzaroi’s method. While according to the view of Fiqh, this prohibition does not involve the family members of the officer.