عقوبة الجلد بين الفقه الإسلامي وقانون بروناي

Abstract

The focuses of this research to study the subject of whipping punishment between the Islamic jurisprudence and the law of Brunei (comparative study), where the method applied under Islamic law is totally different than what has been practiced under Brunei law. Whipping in Islamic jurisprudence does not intend to severely injure on the offender physically, but it is meant to sufficient deter him from committing a crime in the future and serve as an example and deterrent for the public from committing such similar crimes. This study contains three main chapters. First chapter, I discussed about the whipping punishment in Islamic jurisprudence, and the second chapter, I discussed about the death of skin in the law of Brunei, and then in the third and last chapter I discussed the effects of whipping punishment psychological behavioral, and social in Islamic jurisprudence and the law of Brunei, along with the conclusion and recommendations. The researcher also made a comparison between Islamic jurisprudence and the law of Brunei relating to whipping with approach of jurists in discussing the issues and explaining the position of the different schools of thought, as well as the explanations the crimes that will be punished by whipping and the way of whipping, and also the analysis of the impact of whipping punishment on the guilty and society.