Maqasid Al-Shari'ah dan Aplikasinya Dalam Penyelesaian Kes Mal: Kajian Kes-Kes di Mahkamah Syariah Brunei

Abstract

The strict application of al-Shāfi‘ī school of law in judgment made by the Syariah Courts of Brunei sometimes affect the interest of the parties. Its proven when some of the parties are not satisfied with the decision of the court and then filed an appeal to a higher court to revoked or amended that court decisions. Based on this fact, whether the laws in Brunei at the moment is absolutely binding the syar’ie judges to judge civil cases based on al-Shāfi‘ī school only? or whether the syar’ie judges was given opportunity by the laws to decide the case based on the interest of the parties guided by maqāṣid al-sharī‘ah? Indeed decide the cases based on the interest of the parties guided by maqāṣid al-sharī‘ah are one of the method of judgment practiced by the Prophet and his companions where the Prophet and the Companions judged on many cases based on interests of the parties and guided by maqāṣid al-sharī‘ah in all aspects. This study will examine how far maqāṣid al-sharī‘ah are applied in judgments of the Syariah Courts in Brunei. In this regard, library research, case studies and interviews with the syar’ie judges had been conducted for the required information. The study has found that the application of maqāṣid al-sharī‘ah in judgments before the Syariah Courts in Brunei is very minimal.