The existing laws on juvenile delinquency in Brunei Darussalam : a fiqhi evaluation study /
This study aims to investigate the existing laws on juvenile delinquency in Brunei Darussalam and to evaluate them from fiqhī perspective. There are specific legal measures and laws provided to deal with juvenile considering their capability of legal responsibility as outlined in the law. Brunei Dar...
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| Main Author: | |
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| Format: | Thesis |
| Language: | English |
| Published: |
Kuala Lumpur :
Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia,
2014
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| Subjects: | |
| Online Access: | Click here to view 1st 24 pages of the thesis. Members can view fulltext at the specified PCs in the library. |
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| Summary: | This study aims to investigate the existing laws on juvenile delinquency in Brunei Darussalam and to evaluate them from fiqhī perspective. There are specific legal measures and laws provided to deal with juvenile considering their capability of legal responsibility as outlined in the law. Brunei Darussalam has dual criminal justice systems under Common Law and Syariah Law and has taken specific measures by setting up of the Juvenile Court in 2010 to deal with this matter. Up until now, the jurisdiction of the Juvenile Court and laws with regard to juvenile delinquencies are governed by Common Law. Therefore, in this study, the law is the main element that will be evaluated from fiqhī perspective. To achieve this objective, the study employs qualitative method which involves library research, gathering existing legislations in relation to the juvenile delinquencies in Brunei Darussalam and analyzing jurists' views namely Hanafi, Shāfiī, Māliki and Hanbalī through available literatures. From the evaluative analysis, the study concludes that the existing laws for juvenile delinquency in Brunei Darussalam are somewhat in line with the Sharīah by determining the existence of elements of tazīr in the punishments provided for juvenile delinquency. However, there is discrepancy between both the applications of the dual law system such as inconsistency in determination of legal age of children and young persons in Brunei Darussalam both in Common Law and Syariah Law. At the end of the study, the researcher suggests that there is a need to synchronize the legal age from both laws as well as punishments and identical offences that existed in both Common Law and Syariah Law as to ensure both laws to be in harmony and able to be applied in parallel. |
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| Physical Description: | xiv, 295 leaves : illustrations ; 30cm. |
| Bibliography: | Includes bibliographical references (leaves 121-125). |