Sistem pentadbiran keadilan jenayah syariah mahkamah qadi Brunei Darusssalam /
Serbini bin Haji Matahir, Haji
Sistem pentadbiran keadilan jenayah syariah mahkamah qadi Brunei Darusssalam / Haji Serbini bin Haji Matahir/Md. Tahir - Malaysia : Universiti Kebangsaan Malaysia, 2001. - 578 p. ; 30 cm.
"Tesis yang dikemukakan untuk memperolehi Ijazah Doktor Falsafah".--On t.p.
Tesis, (Ph.D) -- Ijazah Doktor Falsafah, Universiti Kebangsaan Malaysia, 2001.
Includes bibliographical references.
The objective of the study is to see whether the administration of justice in Brunei.s Qadi.s Courts is consistent with the Islamic justice principles. The study is based on two research methodologies, they are library research and fieldwork. The library research is focused on the analysis of tafsir, hadith, fiqh, sirah texts and other works of prominent ulamas pertaining to principles of judgement in Islam and the modes of punishment imposed on the convicted criminal, whether it is in the form of hudud, qisas or ta.zir. The fieldwork is focused on collected Syariah Criminal Cases which have been decided by the Brunei Qadi.s Courts obtained from the files of District Qadi Courts and High Courts of Qadi, Brunei. Old manuscripts pertaining to the Islamic legal history of Brunei are collected for the study. These manuscripts are obtained from Brunei National Archive, Brunei Museum, Brunei Historical Centre, Brunei Dakwah Centre and the Ministry of Religious Affairs. From this research, it is found that the demeanour of qadis who are not meticulous in passing judgements has a great influence in the results of cases tried. Lenient punishments imposed has affected the credibility of Brunei Darussalam Qadi Courts.
Islamic law --Brunei Darussalam
Sistem pentadbiran keadilan jenayah syariah mahkamah qadi Brunei Darusssalam / Haji Serbini bin Haji Matahir/Md. Tahir - Malaysia : Universiti Kebangsaan Malaysia, 2001. - 578 p. ; 30 cm.
"Tesis yang dikemukakan untuk memperolehi Ijazah Doktor Falsafah".--On t.p.
Tesis, (Ph.D) -- Ijazah Doktor Falsafah, Universiti Kebangsaan Malaysia, 2001.
Includes bibliographical references.
The objective of the study is to see whether the administration of justice in Brunei.s Qadi.s Courts is consistent with the Islamic justice principles. The study is based on two research methodologies, they are library research and fieldwork. The library research is focused on the analysis of tafsir, hadith, fiqh, sirah texts and other works of prominent ulamas pertaining to principles of judgement in Islam and the modes of punishment imposed on the convicted criminal, whether it is in the form of hudud, qisas or ta.zir. The fieldwork is focused on collected Syariah Criminal Cases which have been decided by the Brunei Qadi.s Courts obtained from the files of District Qadi Courts and High Courts of Qadi, Brunei. Old manuscripts pertaining to the Islamic legal history of Brunei are collected for the study. These manuscripts are obtained from Brunei National Archive, Brunei Museum, Brunei Historical Centre, Brunei Dakwah Centre and the Ministry of Religious Affairs. From this research, it is found that the demeanour of qadis who are not meticulous in passing judgements has a great influence in the results of cases tried. Lenient punishments imposed has affected the credibility of Brunei Darussalam Qadi Courts.
Islamic law --Brunei Darussalam