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All Journal Indonesian Journal of Advanced Research (IJAR)
Roziqin, Opik
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Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media

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The Evolution of Marriage and Inheritance Law in Brunei Darussalam: A Comparative and Historical Study Roziqin, Opik; Fathonih, Ah.
Indonesian Journal of Advanced Research Vol. 3 No. 11 (2024): November 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/ijar.v3i11.12117

Abstract

This study examines the dynamics and comparisons of Islamic family law in Brunei Darussalam and Indonesia, particularly in terms of codification, regulation, and the adaptation of Shariah principles. Using a qualitative descriptive-analytical method, this research explores the differences between the two countries in marriage registration, divorce rights, guardianship obligations, and the role of mediation in divorce cases. The findings indicate that Brunei applies a centralized Islamic family law system under royal control, while Indonesia adopts a pluralist system that accommodates customary and Shariah laws. The codification in Brunei and the adaptation of Islamic law in Indonesia demonstrate that both countries are able to uphold Shariah principles while adjusting to the needs of modern society. This research emphasizes the importance of balancing traditional values with contemporary legal needs.
Co-Authors Ahmad Fathonih, Ahmad