حكم العدول عن الخطبة في الفقه الإسلامي وتطبيقاته في بروناي دارالسلام

Abstract

This study discusses the law of annulment of engagement according to Islamic jurisprudence and its application in Brunei Darussalam from a legal point of view and the perspective of the Brunei community. Thus, this study was carried out to find out the meaning of engagement and cancellation of engagement, as well as its laws according to Fiqh. This study also looks at the view of Bruneians regarding the cancellation of engagement in Brunei Darussalam. In addition to explaining the implementation of annulment cases in Brunei Court. Therefore, this study uses three research methods namely: the library method, survey questions and interviews in general, so it can be concluded that the marriage agreement does not bind any couple absolutely. Even they are allowed to cancel the engagement for reasonable reasons. Meanwhile, the cancellation of the engagement contains rights for the eligible party such as the right to recover the gift and compensation for the damage caused by the cancellation. In the Islamic Family Law of Brunei Darussalam there is a provision that gives permission to file a claim for compensation for damages due to the annulment of the engagement done through the legal process in the Syariah Court of Brunei Darussalam. While from the perspective of the Bruneian community, the results of the survey found that engagement was cancelled as many as 93% of breakups involve family negotiations only without Court involvement. This study is expected to provide added value to the Brunei community regarding the process and rights in engagement cancellation.