منهج فض النزاعات الزوجية في الفقه الإسلامي والقانون البروناوي: دراسة تحليلية مقارنة

Abstract

Researcher chose the title that revolves about the approach of resolving marital conflicts in Islamic jurisprudence and Brunei law. This includes research on the proposed ways of resolving marital conflicts and the differentiate of its application both studies Islamic jurisprudence and the legal courts in Brunei Darussalam under the control of the Islamic Family Law, Act 217, 2012. In addition, the purpose of this study is to gain information that are related on the resolution of marital conflicts according to the ‘fuqaha’, the study also forms on how it is implemented in Islamic Family Act Brunei. Conflict is normal and inevitable in a marital relationship. If this marital conflict is not resolved, it can lead to divorce. The increase in the number of divorces that occurring in Brunei Darussalam, is why researcher explains how to resolve marital conflicts before and during marital separation. In writing this study, the researcher follow; the descriptive analysis method, which is to collect the material related to the conflict resolution approach from legal texts, Islamic jurisprudence and texts of Brunei’s Law then analysis, which is fragmentation, dismantling and dividing the problem, during which the subject is explained, the problem is described, the causes are identified and discussed and these problems are simplified with the aim of finding solutions to them, and the comparative method, which is the comparison between Islamic jurisprudence and Brunei’s law and its similarities and differences between Islamic jurisprudence and Brunei’s law. This study is based on references to old books (turath), contemporary books, master's thesis, articles, the texts of Brunei's law and the Internet. The results of this study concluded that conflicts between husband and wife should be taken seriously and not be underestimated because they not only stop with them, but also include children and have a bad impact. If the wife is disobedient to her husband, then the husband must advise his wife and then desert his wife in the bed and then beat her without injury. If the wife's disobedience continues after trying the three methods, the spouses may appoint an arbiter for each of them to settle their conflicts. And in Brunei Darussalam, the Department of Family Counseling Service plays an important role for spouses in conflicts. If it fails, then the spouses may take the last way to resolve their conflicts, which is separation. Marital conflicts are not necessarily resolved with divorce, because in Al-Quran there are many ways of separation between spouses, such as through arbitration, cerai tebus talak (khulu’), and fasakh (annulment).