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Title: Divorce related issues : a study of financial settlement under Muslim family law in Brunei
Author: Ibrahim, Noryati Haji
ISNI:       0000 0004 7431 2461
Awarding Body: SOAS University of London
Current Institution: SOAS, University of London
Date of Award: 2015
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Finance is one of the most significant issues associated with divorce. In Brunei, although the Islamic Family Law Act (CAP. 217) was intended to reform and enhance the marriage and divorce relations, yet more pressing issues, as regards finance, have occurred. Therefore, the research is aimed at the following main objectives: to examine the current legal framework that entails financial aspects of divorce, to determine the Islamic principles from which those legislative provisions are derived, to analyze the financial settlements made in the Syariah courts of Brunei, to examine the factors that Syariah courts take into account in determining financial settlements, and to seek any contributing factors that further placed strains upon attaining a fair and equitable settlement in the family court system in Brunei. Settlement of maintenance for divorced wife and children, the issues of consolatory gift and matrimonial property are the primary focus in this study. The research will look into the Syariah Law to explore the very best of interpretation of the Quran and Sunnah as primarily derived by the four prominent scholars, to be considered as a point of reference, relative to Bruneian law and practice. Apart from the legislative provisions, the enforcement of the law of divorce financial-related matters will be critically examined, by doctrinal and empirical approach. Further, a comparison analysis will be attempted, in two different aspects of current divorce law, firstly, to compare the given provisions in the financial settlement statute with those stipulated in the Quran and Sunnah; secondly, to contrast the written law with the law in practice. Ultimately, the research would not only contribute positively to the development of the Islamic knowledge but also would contribute for reconstruction of a modern and wideranging Islamic family law when relating to specific divorce issues in Brunei, and that it would further serve as a body of reference to legal professionals, as well as academicians.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral