Siti Zubaidah Ismail (Corresponding Author), Norasiah Awang Haji Amai
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引用次数: 0
摘要
当伊斯兰教被接受为国家的宗教,被皇室和他们的臣民所接受时,一个新的国家诞生了,它被称为伊斯兰马来苏丹国(Kesultanan Melayu Islam),今天被称为文莱达鲁萨兰国。文莱君主制将伊斯兰教义和教义作为形成国家法律的基础,直到现在仍然如此,尽管在英国统治时期,它曾被婆罗洲的殖民势力称为属人法。学者们一直关注文莱伊斯兰教法的历史和发展,但很少讨论刑事立法的历史,特别是伊斯兰教法刑事犯罪的发展。因此,本文讨论了这一方面,以便根据2013年的Perintah Kanun Hukuman Jenayah Syariah,研究今天在文莱被称为伊斯兰教法刑事犯罪的历史和发展。为此,本文在文莱伊斯兰法律史领域作出了重大贡献,揭示了苏丹在整个国家授权伊斯兰法律方面的重要性。
Dari Keadilan Raja Kepada Undang-Undang Agama: Perkembangan Semasa Islam di Brunei
When Islam was accepted as the religion of the nation, embraced by the royal and their subjects, a new country was born and emerged as the Kesultanan Melayu Islam (Islamic Malay Sultanate) and known in the present day as Brunei Darussalam. The Brunei monarchy made the Islamic teachings and tenets as the basis to form the state law and remains so until now, despite the fact that it used to be referred to personal law by the colonial power during the British era in Borneo. Scholars have been focusing on the history and development of Islamic law in Brunei but rarely discuss on the history of criminal legislation, particularly on the development of shariah criminal offences. As such, this article discusses that aspect in order to examine the history and the development of what is known today as shariah criminal offences in Brunei in light of the Perintah Kanun Hukuman Jenayah Syariah 2013. To this end, this article contributes significantly in the area of the Islamic legal history in Brunei by exposing the importance of the Sultans in empowering Islamic law in the country as a whole.