مفهوم المجتمع الإسلامي البروناوي عن التطبيقات عقوبة التعزير من الحبس والضرب في القانون الجنائي الشرعي البروناوي 2013

Abstract

The Syariah Criminal Penal Code Order 2013 was gradually promulgated on 22nd October 2013. The first phase was implemented on 1st May 2014, where ta'zir punishment was enforced beside the death penalty and qisas. Until now, only ta'zir cases have been heard in the Brunei Syariah Court. The implementation of ta'zir punishment with imprisonment and caning is among the punishments commonly used by judges in resolving these criminal charges. However, the understanding of the Brunei Islamic community about the implementation of ta'zir punishment with imprisonment and caning is still unsatisfactory. Therefore, the main objective of this study is to identify the level of understanding of the Brunei Islamic community about the implementation of ta'zir punishment with imprisonment and caning according to the Syariah Criminal Penal Code Order 2013. To achieve this objective, this study uses survey research methods through Google Form involving only 30 to 50 respondents. In addition, this study also uses the method of interview, by interviewing an officer from the Syariah Prosecution Division (BPS), Ministry of Religious Affairs (KHEU) to obtain further information. Statistics on the registration of criminal cases under the Syariah Criminal Penal Code Order were also obtained from the Research Division of the Syariah Appeals Court. The data obtained was then analyzed to achieve the desired objective. The study also found that the level of knowledge of the Brunei Islamic community about the study was at a moderate level because most of the correct answers given to the questions asked were between 50% to 60%. The implications of this study can increase the level of understanding of the community about the implementation of ta'zir punishment with imprisonment and caning. Proactive efforts and steps need to be taken by the relevant parties to overcome the lack of understanding regarding this matter. The best step is to disseminate information related to it further, whether through news, radio, special lines, or book writing.