فهم الطلاق خارج المحكمة لدى المجتمع البروناوي

Abstract

This study, titled "Understanding of Out-of-Court Divorce in Bruneian Society" contains three chapters: the first explains the concept of divorce in Islamic law, and the second explains out of court divorce under the law in Brunei Darussalam and its effects and the last understanding of divorce outside courts in Brunei society. This study is related to a very important topic, which is considered one of the topics that affects many aspects of human life and society in general. The purpose of this scientific exercise is to increase knowledge about divorce that takes place outside the court. It includes descriptive and analytical research methods. As for the descriptive approach, the researcher relies on the collection of religious books and jurisprudence as well as legal texts to help this study. The use of religious and fiqh books allows the researcher to refer to views and teachings in Islam related to the research topic. Meanwhile, legal texts are used to understand the legal framework related to the research topic. In Brunei Darussalam, divorce in the Muslim community is regulated according to Islamic family law. However, there are still couples who divorce without the knowledge or being notified to the court. Therefore, this study was conducted to find out the extent of the community's understanding of out-of-court divorce as well as to find out the factors behind the occurrence of out-of-court divorce among married couples in Brunei Darussalam. The findings of this study were only 44% of the 50 participants' understanding of out-of-court divorce.