جناية القتل بالسم في الفقه الإسلامي والمرسوم القانون الجنائي الشرعي في بروناي دارالسلام

Abstract

The primary objective of this inquiry is to shed light on the problem of homicide(killing) using poison within Islamic jurisprudence and the criminal law system of Brunei Darussalam. The study's specific focus is on crimes that involve the taking of human life. By employing a descriptive methodology, this study aims to elucidate the meanings of crime, killing, and poison, as well as the punishment for murder in Islamic law. Additionally, the study will explore the punishment for murder by poison in the sharia criminal law of Brunei Darussalam in 2013, the selected topic for this research. The investigation draws on several sources, including Islamic jurisprudence texts, Brunei laws, and relevant articles. This study's significance is to highlight that Islam is a faith founded on love, mercy, and forgiveness, ultimately leading to fairness and justice. The punishment under Islamic jurisprudence and Brunei Darussalam's sharia criminal law system is based on equitable principles. In Islamic law, the penalty for murder by poison is qisas, diyat, and kifarah, which are regulated by Brunei Darussalam's shariah criminal law of 2013. However, poisoning someone to death is regarded as an act of nearly intentional offense, and only the perpetrators who are genuinely culpable will face retribution.