أسباب فسخ النكاح في الفقه الإسلامي وتطبيقاته في المجتمع البروناوي

Abstract

Dissolution of marriage is a divorce between a husband and wife decided by a Shari’ah court based on the application made by the husband or wife on certain reasons according to Syara’. However, there are still people who have yet to understand the concept of divorce through this dissolution of marriage clearly. Thus, this academic exercise is intended to provide an understanding towards the society regarding the The reasons for the dissolution of marriage by a way of Fasakh in Islamic Jurisprudence and its implementation in the Brunei society. The method of research in this academic exercise gets its inspiration from the Islamic Jurisprudence books of the four mazhab and the various methods of comparison by mentioning the opinions of fuqaha that they agreed upon. This is intrinsically done by taking various of dalil form the holy Quran and Hadith An Nabaawi and also Islamic Family Law 217 which related with this academic exercise. The target of this academic exercise is to increase a more profound comprehension of the importance and reasons for marriage in Fiqh Islam and Islamic Family Law 217. Likewise, this activity additionally portrays the procedure for applying fasakh in Islamic Family Law 217. In conclusion, dissolution of marriage by a way of fasakh between husband and wife are acceptable. Qadhi have the power in dispersing marriage between husband and wife if there’s harm happening among them, i.e: following the method of fiqhiyyah, it was stated that harm must be abolished.