文莱达鲁萨兰国的结婚年龄限制与法律政治观点

Liky Faizal, A. Qohar
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引用次数: 1

摘要

接受伊斯兰法律改革的文莱达鲁萨兰国必须按照伊斯兰法律本身的目标进行改革,这一目标是满足人类生活本能的要求,必须以符合伊斯兰教法原则和符合法律制度中的目标法的马斯拉哈为基础。本文问题的提法从法律和政治的角度与文莱达鲁萨兰国的结婚年龄限制有关。这项研究的目的是了解文莱达鲁萨兰国法律确定结婚年龄限制的法律和政治审查情况。研究类型是图书馆研究,通过收集从图书馆研究中获得的数据,这些数据来自与要讨论的标题相关的几本书、论文、期刊和文章。这项研究使用了法律、规范、哲学和历史的方法,作为社区和国家存在的问题的答案和解决方案。这项研究的结果是,在文莱,将maslahah的概念应用于最低结婚年龄限制方面并没有得到最佳的执行,因为该国有当地的智慧,但仍然根据各自国家的情况加以考虑。从法律条例的政治角度来看,文莱达鲁萨兰国的最低结婚年龄在其正义性、法律确定性和法律实用性方面仍有待改进。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Age Limit for Marriage in Brunei Darussalam in Maslahah and Legal Politics Perspectives
Brunei Darussalam which embraces Islamic law reform must be carried out in line with what is the goal of Islamic law itself, which is to fulfill the demands of the instincts of human life, and must be based on maslahah which is in line with the principles of maqoshid al-shari'ah and in accordance with the objectives law in the legal system. The formulation of the problem in this article was related to the age limit of marriage in Brunei Darussalam in the perspective of law and politics. The purpose of this research was to understand the legal and political review of the legal determination of the age limit of marriage in Brunei Darussalam. The research type was library research, by collecting data obtained from library research sourced from several books, theses, journals and articles related to the title to be discussed. This research used a juridical, normative, philosophical, and historical approach that served as the answer and solution to the problems that exist in the community and state. The results of this research were that the application of the concept of maslahah to the minimum age limit for marriages in Brunei Darusslam had not been carried out optimally because the country had local wisdom that was still considered in accordance with the context of their respective countries. In the political perspective of legal regulations the minimum age of marriage in Brunei Darussalam still needed to be improved in its justice, legal certainty, and legal usefulness.
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