KETENTUAN HUKUM KELUARGA DI BRUNEI DARUSSALAM DAN INDONESIA

Abstract

Modern Muslim countries continue to reform family law to
answer new problems and meet the needs that arise in this modern era.
Brunei Darussalam is one of the countries that has reformed family law,
although in reality if you look at the ideology of the State of Brunei in it it
is stated that Brunei has determined to follow the Shafi'i school of
thought. This paper examines the portrait of the state of Brunei carrying
out family law reform related to the material as well as the objectives and
methods used in carrying out the renewal which will then be
incorporated into the building of the type of family law reform in a
modern Muslim country. If you look at some of the material on family law
reform in Brunei, it can be grouped into the type of adaptive
intradoctrinal reform, semi-progressive extradoctrinal reform. This is
because the majority of reforms were carried out in response to the
demands of the times while still applying the majority of provisions in
conventional fiqh material, especially Syafi'i. In addition, some provisions
come out of the opinion of the fiqh school, namely by carrying out
dynamic new ijtihad such as the enactment of iddah for wives who are
divorced before intercourse. Therefore, it can be concluded that the
method used by Brunei in carrying out family law reforms other than
through the context of alternation of schools such as the talfiq and tahyir
methods also carries out siyasah syar'iyyah and text reinterpretation
with various social analyzes in it.