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All Journal Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory
Mahmud, Dr. Hafini
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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The Implications of Khalwat Offence on Youth in Brunei Darussalam Haji Marali, Siti Nurmunirah; Mahmud, Dr. Hafini
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 2 No. 4 (2024): This volume covers topics such as women's rights, inheritance law, crime preven
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v2i4.709

Abstract

Khalwat is a moral offence and one of the Sharia criminal offences which is considered to be a 'mukaddimah zina'. The provisions and penalties have been stated under the Perintah Kanun Hukuman Jenayah Syariah (PKHJS 2013) of Brunei Darussalam. However, if examined based on statistics, the number of khalwat cases seems to be increasing every year, showing that Brunei Darussalam is not immune from social problems that result in a moral crisis in society. Therefore, this article aims to explore the consequences that will be faced by the youth as a result of committing khalwat offence. The research method adopts a qualitative approach through case studies using interview methods and document analysis. The results of the study found that on average, this offence were committed by Muslim youths or teenagers as well as non-Muslims. In fact, the impact of committing this khalwat offence also has a more negative impact on the future of the youth. As a recommendation, this study suggests the need for improvement of legal agencies in providing exposure programmes to the community on an ongoing basis, and the community also plays the most important role in emphasizing the manners of association with different genders.
Interpretation of Incest According To the Mazhab Syafi`I and the Laws of Brunei Darussalam Roslan, Fatin Nuraliah Syazwani; Mahmud, Dr. Hafini
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 2 No. 4 (2024): This volume covers topics such as women's rights, inheritance law, crime preven
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v2i4.710

Abstract

Incest (Sumbang Mahram) refers to a sexual relationship between two individuals who are prohibited from marrying under Sharia law. If left unaddressed, incest can negatively impact the honor and integrity of a family, potentially leading to the severance of familial bonds known as qatl al-arham which may result in disputes and a loss of trust among family members. This raises the question of how incest is interpreted within mazhab Syafi'i and under the laws of Brunei Darussalam. This analytical study aims to provide a deeper understanding by exploring the differing perspectives of the Syafi'i jurisprudence and Brunei Darussalam's legal framework. To achieve this, the research employs a qualitative approach, specifically a library-based study, utilizing both classical and contemporary fiqh texts and relevant legislation such as the Religious Council and Kadi Courts Act, chapter 77, Brunei Penal Code chapter 22, and the Syariah Criminal Code Order, 2013. These sources are used to examine views on incest. A comparative analysis will be conducted between mazhab Syafi`i and the legislative provisions for both Syariah and Civil laws across various aspects. The study is expected to conclude that, according of mazhab Syafi'i, incest is classified as zinā. In contrast, under Brunei law, incest is described as a man and a woman having sexual intercourse who share a close familial relationship and are prohibited from marrying according to Islamic law. Keywords: Sumbang Mahram, Incest, Zina, Mazhab Syafi`i, Brunei Darussalam Law
Co-Authors Haji Marali, Siti Nurmunirah Roslan, Fatin Nuraliah Syazwani