الفسخ في الشريعة الإسلامية وقانون بروناي دارالسلام

Abstract

The Islamic Jurisprudence allows the dissolution of marriage through various means, including divorce or fasakh. Fasakh is a type of dissolution of marriage initiated by a court or a judge on the grounds of specific reasons such as harm, impotence, or a husband’s failure to give maintenance to his wife. The process of fasakh involves the wife or her representative making a claim to the court or a judge with evidence of the husband's failure to fulfill his obligations towards her. The judge or court will then investigate the matter and, if deemed necessary, issue a judgment of fasakh, effectively dissolving the marriage. The research methodology in this academic exercise is citing from from the Islamic Jurisprudence books of the four mazhab, especially the Shafi’i. This is conducted by taking various dalil from the holy Quran dan Hadith AnNabawi. This academic exercise is divided into three chapters. The first chapter talks about divorce between husband and wife and the types of divorces. The second chapter explains concerning the dissolution of marriage according to the Islamic Jurisprudence and the causes of dissolution. And lastly, the third chapter describes regarding the procedures that has been set by the Emergency Order (Islamic Family Law), 1999 of Negara Brunei Darussalam. As a result of this academic exercise, it can be concluded that the dissolution of marriage by the means of fasakh is acceptable and the qadhi has the power to dissolve the marriage of husband and wife if there is harm in the marriage.