أهمية الصلح في حسم القضايا في المحاكم الشرعية في بروناي دار السلام : دراسة تحليلية

Abstract

Sulh is an alternative method in the syariah court other than the trial method to obtain a solution for a disputed case. It is a process in which the disputing parties who have submitted a claim in the syariah court will be called and met in a closed consultation called the sulh council, it is formally conducted by a trained sulh officer. In general, there are many studies that have been conducted in discussing the importance of sulh in resolving cases in syariah courts by foreign researchers such as Malaysia, but the author did not find any study on this topic written by local researchers in Brunei Darussalam. Therefore, this study was conducted to analyze and gain a deeper understanding of the concept of sulh in Islam as well as to identify the procedure for the implementation of sulh in the syariah court in Brunei Darussalam. The research methodology used was through a qualitative approach by library research, research of dissertation papers abroad through the website and conducting an interviews. This study contains three chapters. In the first chapter of this study discusses about the concept of sulh in Islamic jurisprudence. Meanwhile, in the second chapter it focuses on the implementation of sulh in the syariah courts of Brunei Darussalam and the final chapter of this study which is the third chapter discusses the importance of sulh in resolving cases in the syariah courts in Brunei Darussalam. The findings of the study found that the concept of sulh in Islam is broad, not only limited to disputes involving the family, but also highlighting issues related to war and so on. However, the implementation of sulh in the syariah court of Brunei Darussalam is not very widespread because the cases handled are only related to family cases and post-divorce cases. In addition, the findings of the study also found that the concept of sulh is very important in obtaining justice where no party wins or loses, because the decision is made by mutual agreement in peace, reconciliation and mutual tolerance, as well it is also able to save time and costs when compared to cases settled through the trial method in open Court. The author can conclude that the effectiveness of this sulh can be seen through the high percentage of cases that are successfully resolved and prove that it is also able to reduce the problem of pending cases faced by the syariah courts all this while.