Lawsuit for Prevention of Interference in Yemeni Law & Islamic Jurisprudence (A Comparative Study with Some Arab Legislations)

Abstract

It is well established that the lawsuit for prevention of interference is one of the possessory actions that protects possession. It is filed by the possessor whose possession is subject to infringement, requesting the court to prevent the interference and remove its manifestations, and to prevent the continuation of the assault on his possession. In Yemeni legislation, the lawsuit for prevention of interference is raised as protection for the apparent status; whereas Yemeni jurisprudence rules for this lawsuit that it should restore the situation to what it was prior to the interference, and it is usually filed before the urgent matters court. Therefore, it shares the general principle of protection from interference with the rules of possession in Islamic jurisprudence, and this principle exists in Islamic fiqh books under the  chapter of "possession and the hand", because possession is considered a customary matter based on the existing reality and aims to avoid transgressions, maintain social stability, and prevent assault against one who has actual control over the thing. In comparative legislations, the lawsuit for prevention of interference has been organized through legal texts that clarify the concept of the lawsuit for prevention of interference and the conditions that must be met for it to be accepted by the judiciary, as well as the rules that govern it and establish the res judicata of the judgment issued therein