الطلاق المعلق في الفقه الإسلامي والقانون البروناي وفهم مجتمع بروناي موارا عنه

Abstract

In this study titled "Talaq ta'lik in Islamic Jurisprudence and Brunei Law and the understanding of the Brunei society about it", there are three chapters in it, namely the first chapter; explain the concept of talaq in general, its legalization, wisdom and divisions of talaq. The second chapter explains the special topic of Talaq Ta'liq according to Islamic Fiqh, its position in Islam as well as its rights and laws and the wisdom of Talaq Ta'liq as well as the conditions and types or forms of Talaq Ta'liq. While the third chapter explains about Talaq Ta'liq according to Brunei law, the type of Ta'liq that usually occurs in Brunei and then the pronunciation of Ta'liq that is usually pronounced in Brunei which is pronounced after the marriage ceremony. The legal conditions of ta'liq according to Brunei law are also explained in this chapter. Then the cases related to Talaq Ta'liq which are referred from the Reasons for Judgment and court decisions throughout the year 2002. A study on community understanding is also done in this chapter, which was done through the "google form" website to see the extent of community understanding. about it, the questions given are related to Talaq Ta'liq. This research method contains descriptive methods, analysis and reading cases. In the descriptive method, the researcher relies on the collection of jurisprudence books and legal texts in helping this study. Meanwhile, the method of reading the cases the researchers make their own approach to the Brunei Muara Syariah Court and understand the cases and reasons for the judgment related to Talaq Ta'liq. With that, researchers have been able to collect information and case examples on this topic. As for the analysis method, the researcher has discussed and commented on some of the problems related to this topic. In this study it can be concluded that Talaq Ta’liq is not easy to do to dissolve a marriage, it has certain conditions to determine whether the pronunciation is valid or not. According to Brunei law, it must also be brought before the court first to ensure whether the divorce falls or not according to the elements set by the court.