Reformasi Hukum
Vol 28 No 3 (2024): December Edition

Sharia Legal Framework: A Comparative Analysis of Religious Courts in Brunei Darussalam and Indonesia

Lagus, Wegestin (Unknown)
Asasriwarni (Unknown)
Zulfan, Zulfan (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

The application of sharia law in the religious justice system has significant variations between countries, including Brunei Darussalam and Indonesia. The main issue raised in this article is how the two Muslim-majority countries implement different legal systems, both in the legal structure, the role of religious leaders, and the scope of the application of sharia law. This article aims to analyze a comparative comparison of the legal and religious justice systems in Brunei, Darussalam, and Indonesia and their implementation practices. This study uses a qualitative and comparative descriptive approach to analyze legal regulations and their implementation in both countries. The results show that Brunei implements a dual legal system separating civil and Sharia law, emphasising stricter Sharia criminal law, including hudud and qisas. In contrast, Indonesia applies sharia law limited to family law with religious justice integrated into the national justice system. This difference is influenced by the role of the Sultan in Brunei as the leader of religion and state. At the same time, in Indonesia, there is a separation of power between the executive, legislative, and judicial. This study recommends that Brunei needs to strengthen human rights protection in the application of sharia law. At the same time, Indonesia is advised to improve coordination between religious courts and general courts for more equitable justice.

Copyrights © 2024






Journal Info

Abbrev

jrh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in, such as : Civil Law, Criminal Law, Civil Procedural Law, Criminal Procedure Law, Commercial Law, Constitutional Law, International Law, State ...