النكاح خارج بروناي دارالسلام بدون ولي النسب : دراسة ميدانية

Abstract

This research will discuss about marriages that held outside of Brunei Darussalam without the presence of women’s guardian from Islamic perspective and law. This research is aim to determine the status of marriage that held abroad without the women’s guardians in Syariah’s perspective and law. The methodology in this study is sourced from jurisprudence books, online surveys and interview. In this study, we will also examine about the definition of guardian from Islamic perspective and law, the evidence, the conditions and requirements for guardians in marriage and also the importance of guardians in Islam. This research will also convey about the arguments that involved by religious scholars in terms of their opinions and understanding about the law of marriage without women’s guardian. We will also elaborate related procedures for acknowledging the legitimacy of marriage abroad without a female guardian according to the Shariah’s Law in Brunei Darussalam. According to the study’s findings, the majority of Brunei Darussalam's population is not exposed to the legal procedures that are necessary to validate marriage abroad, in which it is actually important to understand and practice in this country.