الطلاق خارج المحكمة وآثاره في الفقو الإسلامي والقانون المدني البروناوي

Abstract

In this studies, entitled "Talaq outside the court in Islamic Jurisprudence and Law Brunei Darussalam", it contains two chapters; First: explain the concept of divorce, conditions, causes of divorce and its laws according to Islamic law and the Constitution of Brunei Darussalam. Second: explain the effects of divorce in terms of fiqh and the judiciary. This studies contains descriptive methods, analysis and interviews. In descriptive methods rely on the collection of religious books and jurisprudence and legal texts in support of this studies. Meanwhile, interviews and question and answer method, researcher have made their own approach to the Syariah Court and conduct interviews with staff of the Court on this issue. With that researcher have been able to collect information and legal text on this topic. Similarly analytical methods researcher have been able to discuss and review some of the problems associated with the topic. In this studies it can be concluded that the divorce was not a problem in a family, even it is a solution to the problem of married life, According to Islamic law, divorce outside the court will fall by its terms and conditions, because the husband have right of talaq, but according to Law illegal Brunei Darussalam, the talaq will fall even it has been act outside the court and it was also considered as a crime in law, those who do so will be fined or imprisoned as contained in the Family Law of Brunei Darussalam. Therefore, if talaq has been happen outside a court must make a report to the court within seven days of the pronouncement of talaq by following the steps in the legal procedure.