مفهوم الكفاءة في النكاح في الفقه الإسلامي وما عليه العمل في بروناي دار السلام

Abstract

Kafa’ah or Equality in marriage is one of the basic rule in making a harmonous relationship and a happy marriage. It begins with the concept of Kafa'ah, its rules, the importance of Kafa’ah, who is required in Kafa’ah and who has the right in Kafa’ah.The purpose of this research is to guide people of Brunei in general as well as Muslim societies on the concept of Kafa'ah in marriage from the perspective of four Mazahib, the research also explains the basic rules of Kafa'ah as well as its effects when the status of both bride is not equivalence in rank. Meanwhile in this research, the researcher will discuss the right ways to choose and select a good bride in the way of Islam and followed by the refusal of parent or Wali in marriage within Brunei societies as related with this topic. Due to this reason, it is important to discuss and explore deeply about Kafa'ah in marriage from the perspective of four Mazahib and the practices in Brunei Darussalam Societies within law and traditions. The researcher employs inductive method and library research and conducting interviews the government officials at Syariah Court. The significance of this research is to make Brunei societies understand that the most important thing in marriage is not Kafa'ah but the approval of both brides and Wali.