The Journal of Law is a prestigious, semi-annual, peer-reviewed academic journal published by the Faculty of Law at the University of Aden. Established in 2002, the journal serves as a leading platform dedicated to publishing innovative legal and comparative Sharia studies that contribute significantly to the evolution of legal jurisprudence and address contemporary global and local challenges. ​​Scope and Coverage: The journal welcomes original research articles, case law commentaries, and book reviews across various dimensions of law, including Public and Private Law (International, Criminal, Civil, Commercial, Administrative, and Constitutional Law), as well as Comparative Islamic Jurisprudence (Sharia).
Scholarly Views on the Semantic Implication of the Term (Al-'Āmm) for Its Individuals and the Juristic Implications of Their Differences: A Descriptive-Analytical Study
This study examines the nature of the term (al-'Āmm) in Usul al-Fiqh (the Principles of Islamic Jurisprudence), as well as the scholarly views and disagreements concerning the semantic implication of the term (al-'Āmm) for its individuals in terms of certainty (qat'iyyah) and probability (zanniyyah). It also explores the practical implications of this disagreement in subsidiary juristic rulings (al-Furu' al-Fiqhiyyah). The study adopts a descriptive-analytical approach by collecting the views of Usul al-Fiqh scholars and jurists regarding the semantic implication of the term (al-'Āmm), analyzing the evidence supporting their views, and relating these theoretical disagreements to their practical jurisprudential applications. ​The research discusses the definition of the term (al-'Āmm) and its classifications. It presents the disagreement among Usul al-Fiqh scholars concerning the semantic implication of the term (al-'Āmm) for its individuals and the ruling on acting upon it before and after specification (Takhsis). It further examines the legal implications of this disagreement through several practical juristic issues, including the ruling on pronouncing the name of Allah (Tasmiyah) over slaughtered animals, the permissibility of consuming certain types of carrion, such as locusts and fish, and the obligation of Zakat on agricultural produce. ​The study concludes with several important findings, the most significant of which is that disagreements in the principles of Islamic jurisprudence have a direct impact on subsidiary juristic rulings.
Copyright (c) 2026 Arwa A. H. Thabet (Author) https://creativecommons.org/licenses/by-nc/4.0
The Crime of False Reporting in Yemeni Law "A Comparative Study"
The crime of false reporting is a serious and widespread offense. This research explores the concept of false reporting, its elements, and the penalties stipulated for it in Yemeni, Egyptian, and Emirati criminal law. We conclude that false reporting can be defined as: "Deliberately providing false information with the intent to harm a competent judicial or administrative authority regarding a matter that warrants criminal or disciplinary punishment."​Through this research, we identify the rationale for criminalizing false reporting, which is twofold: it constitutes an attack on the honor and reputation of individuals, and it also harms society by disrupting the functioning of public services. We distinguish false reporting from similar crimes such as defamation and disturbing public order. We also concluded in this research that the crime of false reporting requires that it be directed to a specific entity, namely (the judicial authorities or the competent administrative authorities). As for the legislative authority, a false report directed to it does not constitute the crime of false reporting. In this research, we mentioned a set of results and recommendations for the Yemeni criminal legislator, with regard to the crime of false reporting from all its objective aspects.
Copyright (c) 2026 Qaid Salem (Author) https://creativecommons.org/licenses/by-nc/4.0
Absence of the victim's consent is a necessary Element regarding the crime of rape
This paper studies the topic of the victim's dissatisfaction as a main condition of committing the crime of rape. This crime considers an offense against human rights whether these rights relating to moral aspects or mental aspects. That these rights ensured by Islamic rules and all positive laws. The condition; "of the victim's resistance or refusal of the act of rape" means a legal case which is necessary to commit such crime. As in the crime of rape it is necessary that the act should happened by inforce the victim i.e without her/his satisfaction, and this condition is a basic element of rape. This article included in the Yemeni law, Egyptian, Jordonian, Emarates, France and Russian laws. So the crime of rape doesn't legally fulfilled accept without the acceptance of the victim, where it can be done in some cases such as: the victim's poverty, lack of mentality, or shortage of age. Another cases can be happened by the offender's tricking, cheating, or by Ambuscading. In addition, this paper defines the condition of the victim's resistance during the crime of rape linguistically and terminology. ​Finally the researcher of the undertaken paper concludes this paper by a number of suggestions and recommendations that may help law scholars in the Yemeni penal law also help the society in fighting the crime of rape.
Copyright (c) 2026 Ahmed A. Nagi (Author) https://creativecommons.org/licenses/by-nc/4.0
Lawsuit for Prevention of Interference in Yemeni Law & Islamic Jurisprudence (A Comparative Study with Some Arab Legislations)
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
Copyright (c) 2026 Hassan A.S. Bamomen (Author) https://creativecommons.org/licenses/by-nc/4.0
Good Governance and the Determinants of Its Success
This research examines the key principles of good governance, namely the implementation of democracy, the integrity and fairness of electoral systems, the establishment of decentralization, the consolidation of constitutional governance, and the guarantee of rights and freedoms. These principles have a positive impact on building a state based on institutions and achieving political stability and sustainable development. ​Keywords: Good governance, Controls, Building a state of institutions.
Copyright (c) 2026 Obaid Ali Obaid (Author) https://creativecommons.org/licenses/by-nc/4.0
Killing as a Relative Disqualification from Inheritance: A Comparative Study of Islamic Jurisprudence, Yemeni and Egyptian Law.
In this study, I examine "homicide" as an impediment to inheritance, challenging its traditional grouping with absolute impediments like slavery or religious difference. Through a comparative analysis of Islamic jurisprudence and Yemeni and Egyptian laws, I demonstrate that homicide is a "relative impediment" that depends entirely on criminal intent, depriving the offender only of the victim's estate. My research highlights the injustice of treating accidental manslaughter the same as intentional homicide and reveals significant contradictions within current Yemeni legislation. Ultimately, I recommend adopting criminal intent as the primary criterion for inheritance deprivation and urgently amending Article (304) of the Yemeni Personal Status Law to resolve these legal gaps and ensure justice. ​
Copyright (c) 2026 Saleh Abdo Ali (Author) https://creativecommons.org/licenses/by-nc/4.0
The Crime of Rape in Yemeni Law Jurisprudential and Legal Challenges between Legislative Text and Judicial Practice
​This study aims to examine the jurisprudential and legal dilemma surrounding the crime of rape in Yemeni legislation by analyzing its Islamic and legal characterization and evaluating the adequacy of the existing legal framework in achieving criminal justice and protecting victims. The significance of the study stems from the controversy raised by Article (269) of the Yemeni Crimes and Penalties Law No. (12) of 1994, which links rape to the offense of zina (adultery) and the rules of hudud punishments, while subjecting it to discretionary punishment (ta'zir) when the conditions for the prescribed hadd punishment are not fulfilled. This legislative approach has generated substantial jurisprudential, legislative, and judicial challenges affecting the practical application of the law. The study employs descriptive-analytical, comparative, and critical methodologies. It analyzes relevant Islamic jurisprudential opinions and legal provisions, compares the different juristic approaches to the characterization of rape, and critically evaluates the effectiveness of the current Yemeni legal framework. The findings reveal that Islamic jurisprudence does not adopt a single approach regarding the legal characterization of rape. While the majority of jurists classify it as coerced zina, some scholars consider it a form of hirabah when accompanied by violence, intimidation, or public harm, whereas a number of contemporary jurists regard it as an independent criminal offense with a distinct legal nature. The study further finds that Yemeni legislation largely reflects the position of the majority jurists; however, the current wording of Article (269) creates ambiguity regarding the legal nature of rape, resulting in inconsistency between legislative intent and judicial application. Moreover, the prescribed penalties do not adequately correspond to the gravity of the offense and its severe psychological, social, and human consequences.The study concludes that comprehensive legislative reform is necessary by recognizing rape as an independent criminal offense, adopting a statutory definition centered on the absence of consent and the presence of coercion, strengthening penalties in proportion to the seriousness of the crime, expanding the use of modern forensic evidence, and enhancing legal and procedural safeguards for victims and witnesses. Such reforms would ensure a balance between the objectives of Islamic Sharia and the contemporary requirements of criminal justice.
Copyright (c) 2026 https://creativecommons.org/licenses/by-nc/4.0
Legal Characterization of Crimes in Yemeni Law
​Definition: Criminal characterization means applying the correct legal description and penal text to a committed act. ​Problem: The overlap between legal descriptions for a single act, and the impact of judges amending this characterization on the right of defense. ​Objectives: To analyze criminal characterization in Yemeni law, its stages, its legal impacts, and the court's authority to amend it. ​Methodology: Analytical-foundational approach studying Yemeni penal and procedural laws. ​Findings: Characterization is subject to Supreme Court oversight. The prosecution has initial authority, but the court has the final word without altering the material facts. ​Recommendations: Amending procedural law to obligate courts to alert defendants when characterization is changed to a harsher description, and training judges to unify standards.
Crimes Committed Through Social Media Applications and Their Penalties Under Criminal Law
This study examines the phenomenon of cybercrimes committed through social media applications. The forms of these crimes and abusive practices on social media platforms are numerous and often fall under the umbrella of cyberbullying, harassment, identity theft, cyberstalking, privacy violations and the dissemination of secrets, defamation, phishing, and cyber extortion. The research aims to analyze the legal framework governing the use of social media applications, identify the types of crimes committed through them, and assess the adequacy of national legislation in addressing them. It also offers practical and legal proposals to enhance digital criminal protection. The researcher employed an analytical approach to examine relevant legal texts and a comparative approach to compare legal practices in different countries. The research concluded that traditional legislation is inadequate to address modern crimes committed through applications and that there is a legislative gap regarding the liability of application companies. The research recommends updating criminal laws, strengthening digital evidence mechanisms, and imposing explicit legal obligations on digital service providers. The research offered recommendations for legislative reform, including enacting an independent digital criminal procedure law and adopting the concept of a "digital territory" to address the issue of cross-border jurisdiction. It also included innovative technological solutions such as using blockchain technology to ensure the security of digital evidence storage and establishing platforms for immediate electronic judicial assistance between countries. At the institutional level, it recommended establishing a joint regional digital forensics laboratory, a "duty judge" system for expedited decisions on digital search warrants, and a mandatory specialized training program to enhance the technical skills of judges and investigators. Regarding criminal liability, it proposed a tiered model that differentiates between the responsibilities of publishers, administrators, and service providers.
Evidentiary Value of Electronic Commercial Ledgers under Yemeni Law
Maintaining commercial books is one of the fundamental legal obligations imposed on merchants. With the rapid technological developments of the modern era and the emergence of electronic commerce, traditional manners of maintaining commercial books have been significantly affected, contributing to the rise of electronic commercial records as a means suited to the nature of contemporary commercial transactions. Accordingly, this study examines the evidentiary value of electronic commercial records under Yemeni law, and to clarify how they may be invoked before the courts as an alternative to traditional commercial books regulated by the Yemeni legislator under Commercial Law No. (32) of 1991, particularly in light of the development of commercial systems, the implementation of computers in transactions, and the enactment of the Law on Payment Systems and Electronic Financial and Banking Transactions No. (40) of 2006, which confers evidentiary value of electronic documents. The present study concludes that Yemeni law recognizes the evidentiary value of electronic commercial records, provided that certain conditions are met, placing them on an equal footing with traditional paper-based commercial ledgers.
The victim's fault and its impact on the defendant's liability in a tort civil liability claim A comparative study
​This study explores the role of the victim's fault and its legal consequences within the framework of civil liability. The issue is closely linked to the causal relationship between the defendant's fault and the harm suffered by the claimant. Even when the defendant's liability is established—whether through proven or presumed fault—they may seek exemption by demonstrating that the damage resulted primarily or entirely from the claimant's own actions, thereby presenting the victim's fault as an external and independent cause. The research aims to identify the legal nature of the victim's fault and analyze its impact on liability. The consequences of the victim's fault depend on how it interacts with the defendant's fault—whether one overrides the other (overriding fault) or whether both faults remain distinct yet contribute jointly to the damage. In cases of overriding fault, the prevailing rule is that liability is assigned to the party whose fault outweighs the other. If the defendant's fault overrides that of the victim, the defendant remains fully liable and must provide complete compensation, as their fault is deemed the sole effective cause of the harm. Conversely, if the victim's fault overrides the defendant's, the latter is relieved of liability due to the absence of a causal connection, and the victim bears full responsibility for the damage. When both parties' faults coexist independently—constituting contributory fault—the result is partial liability. In such cases, the defendant is obligated to compensate only to the extent of their own fault, and the victim's compensation is reduced proportionally to their contribution to the damage. ​This research is structured into an introduction, four main sections, and a conclusion. ​Section One discusses the legal nature of the victim's fault. ​Section Two analyzes the concept and implications of overriding fault. ​Section Three addresses cases of shared or contributory fault. ​Section Four outlines the legal consequences arising from the victim's fault. ​The study concludes with a summary of key findings and recommendations. ​
The Distinctive Nature of Possession (al-Thubūt) in Yemeni Civil Law: An Analytical Study of Its Legal Nature and Substantive Scope
This study examines the specificity of ownership possession (Thubūt) in the Yemeni Civil Code through an analytical approach aimed at clarifying its legal nature and determining its substantive scope in light of the provisions of the Code itself. The research is grounded in a central problem concerning the extent to which the regulation of possession in Yemeni legislation differs from that in comparative civil law systems, particularly in view of the legislator's use of the term Thubūt and the restriction of the legal effects of possession to its role as a presumption of ownership and certain procedural effects related to the admissibility of claims, without recognizing it as a mode of acquiring ownership. The study adopts the analytical method in interpreting the relevant statutory texts and the inductive method in deriving the general principles governing possession, while making limited use of comparative references for the purpose of highlighting the particularity of the Yemeni legislative framework. The study concludes that ownership possession (Thubūt) in the Yemeni Civil Code constitutes a factual situation with legal effects, rather than an independent real right, and that it is confined to tangible objects capable of effective physical control, whether movable or immovable. It further demonstrates that the Yemeni legal framework is characterized by a clear distinction between ownership possession (Thubūt) and possessory enjoyment, and by limiting the legal effects of possession to the scope of a legal presumption and the limitation barring the hearing of claims, without recognizing acquisitive prescription. These findings reveal a distinctive legal construction of the system of possession in Yemeni civil law, deriving its particularity from its legislative structure and jurisprudential foundations. Accordingly, its provisions must be interpreted within their own internal logic, without the uncritical transplantation of concepts from comparative legal systems.
Investigating the possibilities of hadith text: jurisprudential study in importance, scope and working laws
This research participates in studying the phenomenon of separating jurisprudential laws from the Hadith texts that may use the resemblance in some of them as a reason for invalidating them which can lead to the disruption of the Sharia, and departure from the covenant to the commands of God. The research aims to show the importance of the jurisprudence of possibility as one of the methodological laws. It presents a summary of its importance, scope, and the most prominent laws for its activation with a critical inductive descriptive methodology. It comes to conclude that the studies investigating the prophetic texts away from the laws of systematic methodology will create troubles in the Islamic laws, because of the suspicions that deviate the text from its context, and can lead to demanding its invalidation at the end. One reason for that is the ignorance of the jurisprudence of possibility, which belongs to the group of constitutional principles regulating the methods of reading and deduction. In this context, this study investigates a part of the impact of possibility in deducing the Islamic legal law through its importance and its role in different fields. It also studies the care of the Islamic jurisprudence about the effects of possibility, and the smart ways to balance between what is correct and what is not. The research recommends directing studies to enrich this topic, and to facilitate the identification of the outputs of the science of problematic issues of Hadith and the science of principles jurisprudence, and their application in jurisprudence studies
Effectiveness of alternatives to imprisonment in Yemen: an analytical study
This research paper focuses on alternatives to prison, aiming to explore the effectiveness of these alternatives in addressing the misconduct of prisoners in Yemen. The content analysis method was used to classify the alternatives and analyze the texts organizing them in order to verify the effectiveness of each alternative independently. The research concluded that there is a weakness in the effectiveness of applying alternatives that are adopted by the Yemeni law. The study proposes multiple methods to enhance the effectiveness in question, including the introduction of a judicial monitoring system in the investigation and trial stages, raising the highest and lowest limits of criminal fines, the implementation of mandatory community service in private nonprofit institutions, adopting probations in the criminal law, and, adding an element of judicial supervision to the measure of conditional discharge. The adoption of the daily-fine system as a modern and appropriate alternative is also suggested.
الطبيعة القانونية والإجرامية لغسل الأموال "1-2"
Money laundering activity is one of the criminal social phenomena that have spread widely in the last two decades, whether at the local, regional or international levels, different. Money laundering in its modern sense is a criminal behavior committed by some people; For the purpose of concealing or disguising the source or reality of the funds obtained from a crime, to appear as if they were obtained from a legitimate source, and this behavior is the transfer, deposit, employment or investment of these funds, whether they are committed within one country or in several countries. Money laundering in this concept has a special legal nature derived from the rules of legislation, as it appears from the legal characteristics that characterize this criminal activity, such as being an economic and intentional crime, an objectively independent crime and formally dependent, and also a temporary, continuous, and multi-stage crime, in addition to being one of the crimes Harm, and danger crimes. Money laundering has a special criminal nature acquired from social reality, and this nature is revealed by those characteristics that characterize this criminal behavior, in terms of being considered as the most serious crime and the source of financing terrorism, as well as an organized crime with an international transnational dimension, in addition to being a crime in which it is used. Various methods and modern technical means. These characteristics that characterize money laundering, and reveal its legal and criminal nature, are the subject of this research. Studying the various characteristics that constitute the legal and criminal nature of money laundering helps in revealing the reality of this nature that characterizes this activity, which enables us to adapt it legally in an accurate manner, and the knowledge of the gravity of its seriousness, and the risk degree of criminal of its perpetrators, as well as the extent of the damage that affects society because of it. Also, revealing the legal and criminal nature of money laundering helps in taking the necessary measures to protect society from this dangerous criminal activity, identifying its causes and effects, apprehending its perpetrators, and determining appropriate, deterrent and fair penalties against them, as well as limiting economic and social damages that affect the individual, society and the state. This is the cornerstone on which the process of combating this type of serious crime is built, especially legislative control, which reflects the importance of this research. The research aims to achieve many things, the most important of which are: to accurately explain the legal and criminal nature of money laundering, and to reveal the extent of the seriousness of this criminal activity, the various damages it causes; In order for the competent authorities to confront it more effectively, as well as to reveal the legal implications of determining that nature of money laundering, in addition to identifying the legislative shortcomings related to this crime, especially in terms of its various characteristics that constitute its legal and criminal nature, and finding effective remedies for it. The research resulted in a number of results and recommendations that we mentioned in its conclusion, which would contribute to the development of Yemeni criminal legislation, and the fight against money laundering crime in the society.
الوقف الجزائي للخصومة المدنية في قانون المرافعات اليمني: دراسة مقارنة
The community members' implementation of the law automatically in their daily activities and their usual behavior, so that they are convinced of respecting the law, or fear of imposing punishment on them if they violate. The legal penalty, in general, is closely related to the legal rule, and it represents an effect that the law arranges for violating its rules; In order to ensure its respect. This penalty varies according to the diversity of the legal rules themselves, so the penalty is criminal with regard to the criminal rule, civil with regard to the civil rule, administratively or disciplinary with regard to the administrative rule, and procedural if the legal rule is a procedural rule. The procedural part has many forms; It may relate to the entire litigation as a unit that affects stagnation, such as writing off the litigation and stopping it, or demise, such as its forfeit and considering it as if it were not. Business; to select an essential element necessary for its existence, such as lack of judgment; For being issued without a judge. The researcher's study in this research is based on the so-called penal endowment for civil litigation, which is stipulated in Article (162) of the Yemeni Code of Procedure, Because it is an aspect of consolidating the positive role of the court and its embodiment in directing the course of the litigation towards the speed of its settlement. Accordingly, in order to strengthen this authority, the legislator granted the judge a positive role, and enabled him to issue enforceable orders. He authorized him to instruct the litigants to deposit documents related to the litigation, or to perform a procedure of pleadings procedures at a certain date, and also authorized him to sue others on his own, if he deems it so This is in the interest of justice, or showing the truth. And in order to that, the researcher discussed the penal endowment subject of the research in terms of its provisions and studied it an analytical study in the light of the texts of the pleadings law in comparison with the Egyptian law, the opinions of jurisprudence, the extent of the judges authority to rule the endowment, and what are the conditions for ruling it, and can the judge rule it on his own What are the effects of the penalty for stopping the litigation, and what is the fate of the litigation after the suspension, is it expedited, what is the specified period for that, and who has the right to request expediting, and what are the procedures followed in that and if the litigation is not requested to expedite after the cessation, what Is the fate of this litigation? The researcher also discussed the nature of this penalty, its impact on the jurisdiction of the court, and its authority, and is it acceptable to appeal if it is wrong before the Court of Appeal or the Court of Cassation? Does it follow the normal appeal or direct appeal? Accordingly, the researcher divided the research topic into two sections: The first topic: What is the penal endowment for litigation and its conditions. The second topic: the effects of the ruling on the penal endowment and the fate of the suspended litigation. The researcher reached conclusions and recommendations that would enrich the topic, and discuss its most important aspects.
The procedural conditions for merit of pre-emption in Yemeni civil law
Pre-emption as legal system related to the reason of legalizing it Yemeni legislator limited its range according to circumstances of life in Yemen. For that cause pre-emption is limited in cases of sharing properly the same time Yemeni legislator considered the cases of neighborhood out of the range of pre-emption whether it was adjoining or not. But life in Yemen made too many problems related to pre-emption which could get wider or narrower depending on how clear the judgments of pre-emption are and how fallowed they are whether by beneficiaries of preemption who are the partners of common properties or people that are meant to execute the clearness of that judgments and spreading the culture of legal awareness about it for the beneficiaries of pre-emption are considered main elements to decrease these problems an order not to distract the courts with simple matters could be avoided by part of legal awareness. The majority of these problems may relate to merit of pre-emption which made us write about its merit in Yemeni civil law specially that Yemeni legislator arranged it through organizing two important sides one of them is the objective side and the other is the procedural side where the Yemeni legislator began with the objective side which is stating the reason and the objective conditions for merit of pre-emption that we took in the previous number of this blessed magazine as he organized the other side which relates to procedural conditions for merit of pre-emption which means requesting pre emption with right way that is the object of our current research which we discussed it with descriptive analytical method for the texts that arranged it in Yemeni law that is in two topics the first one comprised the statement for the cases of nullifying pre-emption and the second one comprised the statement of procedures for requesting pre-emption in Yemeni law whether it was requested by agreement with the buyer directly or by the court depending on lawsuit to face the buyer to come out with the most important conclusions.
التنقل قبل الجمعة وبعدها حديث ابن عمر رضي الله عنهما-أنموذجا-: دراسة تحليلية
The prophetic teachings (Sunah) are considered the second source of the Islamic Sharea just after the Holy Qura'an, and because of this position, scholars and researchers have given them a great attention. However, the analytical hadith is rather a recent area that deserves some attention. Here comes my contribution of a research work entitled "The supererogatory (Nawafel) prayers before and after the Friday Congregation Prayer as indicated in Ibn Omar's hadeeth" The research consisted of an introduction, preface and three other sections. The introduction included: the importance of the topic and the reasons for choosing it, previous studies, the research methodology, and its plan. The first section tried to project this hadith through some books that already treated this hadith, and then to analyze it in detail in light of the six hooks (the Two Accurate Books and the Four Sunah ones). The second section included and an introduction to the narrators and following up the references showing the results of this process and its related witty notes. The third section included an explanation of the hadith through the writings of the scholars. It included statements of some of their opinions regarding the Nawafel (Voluntary prayers) before and after Friday Prayer, and a statement of the rulings learned from the hadith. Finally, the conclusion presented the results and recommendations.
​ملخص رسالة دكتوراه بعنوان: ​حل المجلس النيابي في النظامين الدستوريين اليمني والمصري ​(دراسة مقارنة)
​تناولت هذه الدراسة موضوع حل البرلمان، وذلك من خلال دراسة مقارنة بين النظامين الدستوريين اليمني والمصري، ولا شك أن غاية كل باحث من بحثه إظهار بعض ملامح مجتمعه بإيجابياته وسلبياته، فيتمسك بالإيجابيات ويحاول أن ينميها، ويعمل على تصحيح السلبيات أو تعديلها إلى ما هو أفضل، ونحن في رسالتنا هذه حاولنا جاهدين إلى الأخذ بما هو مفيد من هذه الدراسة وترك ما لا يجدي ولا يتلاءم مع بيئتنا الاجتماعية والسياسية والثقافية. ​يعتبر حل البرلمان من أهم وأخطر اختصاص تمارسه الحكومة تجاه المجلس النيابي، فالبرلمان يعتبر عصب كل دولة، ومستودع الفكر والخبرة^{(1)} ومصدر قوة الدفع فيها إما إلى النمو والتقدم أو إلى الانكماش والتعثر، وذلك بسبب مكانه الرفيعة بين المؤسسات الدستورية في الدولة ولدى الشعب الذي يضع أمانة التشريع وإقرار السياسات بين يدي نوابه في البرلمان الذي يعبر عن إرادة الأمة لينال رضاها. إذن فماذا يقصد بحق الحل؟
Copyright (c) 2021 https://creativecommons.org/licenses/by-nc/4.0
​ملخص رسالة دكتوراه بعنوان: ​انتقال الملكية في بيع العقار في القانون اليمني (دراسة مقارنة)
​لقد وقع اختياري لهذا البحث كموضوع لرسالتي لما تمثله الملكية العقارية من أهمية اقتصادية - ماضياً وحاضراً ومستقبلاً - في كل المجتمعات بصفة عامة ومجتمعنا العربي واليمني بصفة خاصة. ​ولأن حق التملك يعد من أهم الحقوق العامة (الحريات) التي تكفلها الدساتير وحق الشخص في التملك يقتضي حقه في حماية ملكيته ضد أي اعتداء عليها وحقه في البيع والشراء وتداول الملكية العقارية في مأمن من أي إنكار أو انتزاع لأي سبب من الأسباب، فيشتري وهو متيقن تماماً من أنه قد أصبح مالكاً، ويدفع الثمن وهو متأكد تماماً من أنه يؤديه إلى المالك الحقيقي، ويداين وهو على ثقة تامة من استيفائه لدينه، ويستثمر الأرض وهو مطمئن من أنه ينفق على أرضه ويستثمر أمواله وينميها، وإذا كانت الأرض تمثل أهم عنصر من عناصر تكوين الدولة، فإنها أيضاً تمثل عماد الثروة العقارية وأداة التنمية الرئيسية في أي اقتصاد قوي. ​لكل ما سبق كان لابد من أن تنال هذه الثروة الاهتمام الكافي للقضاء على كل أساليب الغش والتزوير والتحايل والإخلال بالثقة العامة والاطمئنان، حتى يقدم الناس على التعامل بهذه الثروة وهم في أمن وثقة واطمئنان على معاملاتهم، وإذا توافر الأمن والاستقرار للملكية العقارية فحينئذ تكون هذه الملكية قد هيئت للاستغلال والاستثمار.
ملخص رسالة دكتوراة بعنوان : رضا المجني عليه وأثره الموضوعي والإجرائي - دراسة مقارنة
​الحمد لله رب العالمين وأفضل الصلاة وأتم التسليم على سيدنا محمد صلى الله عليه وسلم وعلى آله وصحبه وسلم أجمعين. وبعد ​تمهيد: ​حدد المشرع أفعالاً في نصوص قانون العقوبات تعد غير مشروعة، ونص على تجريمها، وقرر من أجلها عقوبات معينة تطبق على من يقوم بهذه الأفعال المجرمة، وقد اهتم الفقه سواء الإسلامي أو القانوني بدرسات الجريمة والمجرم، وحظيت هذه الأفعال ومن يقوم بها بالبحث الوفير؛ إذ ظهرت العديد من المدارس الفقهية القانونية التي عُنيت بدراسة الجريمة والمجرم، التي أنتجت لنا العديد من النظريات الفقهية التي خاضت في شأن الجريمة والمجرم، وظل الاهتمام مقصوراً على دراستهما من غير الاهتمام بدراسة المجني عليه، الذي يعد طرفاً أساساً في القانون الجنائي، الذي ما صيغت النصوص العقابية إلا حماية له، ولكن كان ينظر إليه بوصفه طرفاً سلبياً في الجريمة؛ فهو مفعول به فحسب وقع الاعتداء على حق من حقوقه، ولكن في حقيقة الأمر يعد طرفاً أساساً لا يقل أهمية من طرف الجاني، فهو حري بالدراسة والبحث ويجب على الفقه أن يهتم به مثل ما اهتم بدراسة الجريمة والمجرم.
ملخص رسالة ماجستير بعنوان : ​مسائل الاختلاف في أحكام الميراث – دراسة مقارنة
​الحمد لله نحمده ونستعينه ونستغفره ونتوب إليه ونعوذ بالله من شرور أنفسنا وسيئات أعمالنا، من يهده الله فلا مضل له، ومن يضلل فلا هادي له، ونشهد أن لا إله إلا الله وحده لا شريك له، ونشهد أن محمداً عبده ورسوله صلى الله عليه وعلى آله وأصحابه ومن تبعهم بإحسان وسلم تسليماً. ​أما بعد: ​فإن الدين الإسلامي الحنيف هو دين العلم والمعرفة، فقد دعا سبحانه وتعالى إلى العلم والتفقه في الدين فقال عز وجل: ﴿فَلَوْلَا نَفَرَ مِن كُلِّ فِرْقَةٍ مِّنْهُمْ طَائِفَةٌ لِّيَتَفَقَّهُوا فِي الدِّينِ وَلِيُنذِرُوا قَوْمَهُمْ إِذَا رَجَعُوا إِلَيْهِمْ لَعَلَّهُمْ يَحْذَرُونَ﴾ (1) الآية. وقال عليه الصلاة والسلام: «من يرد الله به خيراً يفقهه في الدين» (2) الحديث، ودعا تبارك وتعالى إلى التفكر والتدبر والنظر وإعمال العقل . ​
ملخص رسالة دكتوراه بعنوان : الشروط المقترنة بعقد الزواج في الفقه الإسلامي: دراسة مقارنة بالقانون اليمني والقوانين العربية
الحمد لله رب العالمين، الذي أوضح الحق، وأنار السبيل، والصلاة والسلام على رسول الهدى، ونبي الرحمة، وسيد الأولين والآخرين، وقائد الغُر المحجلين محمد بن عبد الله، وعلى آله وصحبه أجمعين وسلم تسليمًا كثيرًا إلى يوم الدين. وبعد: ​يعد عقد الزواج في الإسلام الركن الأصيل في تكوين الأسرة وبنائها الذي يقوم على مبدأ حرية اختيار أحد الزوجين للآخر وحسنه، والتراضي بين الطرفين، فقد كرم الله الإنسان على سائر المخلوقات، ولم يتركه لما تمليه عليه غرائزه ونزواته الشخصية، وجعل الزواج الشرعي هو الوسيلة الصحيحة لقضاء الشهوة الجنسية، والسكن النفسي، والمودة، والرحمة، قال تعالى: <!-- [if gte vml 1]><v:shapetype id="_x0000_t32" coordsize="21600,21600" o:spt="32" o:oned="t" path="m,l21600,21600e" filled="f"> <v:path arrowok="t" fillok="f" o:connecttype="none"/> <o:lock v:ext="edit" shapetype="t"/> </v:shapetype><v:shape id="_x0000_s1026" type="#_x0000_t32" style='position:absolute; left:0;text-align:left;margin-left:332pt;margin-top:22.25pt;width:137pt; height:.5pt;flip:x y;z-index:251658240' o:connectortype="straight"/><![endif]--> ​﴿وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا لِّتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُم مَّوَدَّةً وَرَحْمَةً ۚ إِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِّقَوْمٍ يَتَفَكَّرُونَ﴾ (1) ​(1) الآية (21) من سورة الروم.
The objective judgments for merit of pre-emption in Yemeni civil law
The objective judgments for merit of pre-emption in Yemeni civil law By the noun of Allah the most merciful with praying to prophet Muhammed. The system of pre-emption is one of the most important systems in Yemeni society according to the nature of private properties which is common usually among people, because of inheritance so many people in Yemeni society still feel that dividing common money go against family bond and social union of the one large family, this fact made too many conflicts related to pre emption these conflicts could increase or decrease because of differences in understanding legal texts which organize the system of pre-emption, that made us write about some of these differences and We chose what relates to the merit of pre-emption in Yemeni civil law, Yemeni legislator arranged the merit of pre-emption through organizing two important sides one of them is objective and the other is procedural, for that reason it was important to put this issue on the table of scientific research because this issue has scientific and practical importance in the same time, this research discussed the objective side of pre-emption fallowing the analytical descriptive method for legal texts that organize it in Yemeni civil law and that was discussed in three topics, the first topic contained statement for the definition of pre-emption and portraying it even in general to be judged by the fallowing judgments and that will be judgment on what was meant in general above all judgment on thing is part of portraying it, the second topic contained statement for the conditions and grades of pre-emption with its merit, in the third topic we discussed the conditions of its merit in Yemeni civil law to come out with the most important conclusions and recommendations regarding the object discussed in the research.
Copyright (c) 2026 Muneer M. Ahmed (Author) https://creativecommons.org/licenses/by-nc/4.0
What are the principles of justice that the judge should implement in case there is not text?
This research studies the principles of justice concept as it is found in the books of Arabic and jurisprudence, as a legal, jurisprudent and philosophical term. This definition aims to introduce the importance of those principles in judicial work and the judge's obligation to employ and implement these principles to conclude fair judgments in case there is no text which organizes the objective relationship in the dispute before the court in spite there is no a clearly expressed text of these principles. The judge has to research and deduce those principles from different Islamic and legal sciences. One of the reasons that has made the study of the principles of justice difficult and complicated is that they are not written in spite of a lot of indication to them in the books of Islamic jurisprudence and the books of law and philosophy. They are studied from the aspects of importance and obligation to follow in all dealings. In justice, the judge should apply the principles of justice in case there is no legal text that organizes the legal relationship which the dispute rises from or for or to be presented to the court to decide. The legislator, in some legal texts such as the Yemeni Civil Law, Article (1), indicates that the judge is obligated to implement the principles of justice. It is noticed that those principles are unwritten in a law or in any book of jurisprudence or philosophy but they are explained for their importance or as a description of someone as a figure of justice or as one of their manifestation. Therefor we find a lot of judges ignore the principles of justice or where to find and in which book he will get. The judge may face difficulties in findings those principles because they are connected to human behavior and morals and they are derived from human identity. The judge will find the principles of justice by his study of the fundamentals of Islamic law and in the books of Islamic jurisprudence, law and philosophy, and he will link them to his moral qualities. If the judge enjoys high morals, honesty, and truthfulness, and such, it will be easier for him to understand those principles after finding them and implementing them in solving the disputes that are presented before him in the judgment session (the court). However, if he does not enjoy those qualities or some of them, he will face difficulties in defining and getting those principles and apply them because justice is linked to human traits and behavior and his morals and because the judge is a person who is selected to for the position of judgment for those good characteristics . This research studies the characteristics that the judge should enjoy as, at first, he is human, then he is a judge who works for judgment between people and decides their disputes in justice. The research also studies the principles of justice that we have reached by a study and which are written in order to be known by judges to depend on when they settle disputes in case there is no legal text that should be implemented . Therefore, this research is divided into two sections in addition to the introduction, a conclusion, and a list of references. The two sections are entitled as follows: Section one: The characteristics that should be enjoyed by the judge, as they are a manifestation of justice and morals . Section two: The principles of justice that the judge should adhere to implement to settle disputes presented to the judiciary .
Copyright (c) 2026 Mohammed S. Hassan (Author) https://creativecommons.org/licenses/by-nc/4.0
The international criminal court and guarantees of international criminaljustice: "analytical study"
International criminal justice did not come like this without any significant efforts. Rather, efforts aimed at realizing it were the goal of many individuals and states, given the gravity of the international crimes committed. International criminal justice emerged, in particular, with urgency after the end of the Second World War, directing the international community to work on establishing an integrated and comprehensive general system for international criminal justice, through which the international community aimed to establish an international penal code, in order to address international crimes, Which would threaten the security and safety of mankind, based on the idea that justice is a guarantee for that, and efforts ranged between failure and success, but the emergence of international changes, especially after the end of the Cold War, and the impact of globalization accelerated the embodiment of the international criminal justice system, through the adoption of the Rome Statute, which It entered into force in 2002 and embodied the dream of humanity to establish and consolidate mechanisms of international criminal justice. The establishment of the court came as a qualitative and important step in the history of international criminal justice compared to its previous judicial experiences, where a permanent and independent judicial body was established that deals with the exercise of global justice away from the traditional restrictions that were imposed on the national or international courts.
Copyright (c) 2026 ETESAM ALABD SALEEH ALWHEEBE (Author) https://creativecommons.org/licenses/by-nc/4.0
​أصول التحقيق في جرائم الفساد في التشريع اليمني
أصبح الفساد ظاهرة عالمية في دول العالم المختلفة أنظمتها السياسية؛ مما جعلها تتجه إلى مكافحته؛ لما يسببه من آثار ضارة في مجالات الحياة السياسية والاقتصادية والاجتماعية والأخلاقية كافة؛ إذ تدخلت الأمم المتحدة للتصدي له بإعداد مشروع اتفاقية الأمم المتحدة لمكافحة الفساد، الذي اعتمدته الجمعية العامة بموجب قرارها الصادر في 2003/10/31م؛ إذ دعت لمؤتمر دولي للتوقيع على هذه الاتفاقية، وكانت الجمهورية اليمنية إحدى الدول الموقعة عليها، وبموجبها طبق نص المادة السادسة^(1) منها، والتي تحث الدول على تدعيم منظوماتها الوطنية للنزاهة والشفافية ومحاربة الفساد. وبناءً عليه أصدرت السلطة التشريعية سلسلة من القوانين لمكافحة الفساد، وأنشت الهيئة الوطنية لمكافحة الفساد بموجب قانون مكافحة الفساد، وتقع مسؤولية مكافحة الفساد على كل السلطات، ومنظمات المجتمع المدني، والأفراد، وجميع فئات المجتمع اليمني أن تعمل متحدة على مكافحة الفساد، ومنها الجهات المختصة بالبحث والتحقيق في جرائم الفساد، وفي هذا البحث سأتطرق إلى موضوع أصول التحقيق في جرائم الفساد في التشريع اليمني
دور المجالس المحلية في التنمية المحلية وفق معطيات قانون السلطة المحلية اليمني رقم (4) لسنة 2000م
دور الدولة في التنمية والتوزيع العادل للثروة مفقود، فلغيابه أثر بارز في مطالبة المجتمع بالتغييرات الجذرية، ولا أدل على ذلك من تخليها عن الكثير من الأعمال التنموية وتكريس موارد البلد لفائدة قيادات أجهزة الحكم في إطار سياسة المركزية. ​فالدولة اليوم خضعت لمحيط إقليمي ودولي فرض عليها ما جعلها تبادر بالترجيع إلى البنيات الترابية والتنوع الاجتماعي، ما أدى إلى ظهور ترتيبات سياسية جديدة عمدت إلى البحث عن أنماط جديدة لاندماجها في العملية السياسية من بين عناصر فاعلة على المستوى المحلي والاجتماعي برزت في معترك التغيير. لعل الصعوبات التي تواجه هذه الدولة حالياً على المستوى النظام السياسي والاقتصادي والاجتماعي في إطار مؤتمر الحوار الوطني للمحافظة على بنية الدولة الوطنية بأي كيفية يمكن أن يتوافق عليها المتشاورون، وإزاء ما أكدته الأزمة من استعصاء الدولة من المركزية المفرطة التي كانت عليها وتخليها عن الخطاب السياسي المجرد، وبروز جدّيتها في التعامل مع متطلبات التغيير وتحديث الدستور والقوانين الوطنية لما يضمن حكم رشيد وناجح. ​وفي ظل هذه التغيرات، أساهم بهذه الدراسة المتواضعة من إيماني العميق بأهمية وضرورة نظام اللامركزية الإقليمية لأي دولة بسيطة أو فيدرالية، لن يكون لها حكم ناجح ورشيد دون تبنيها للنظام اللامركزية الإقليمية، وفق النظرية العامة لإدارة شؤون المحليات لإحداث التنمية المحلية على طريق التنمية الشاملة. ​ومن وجهة نظر علمية في هذه الدراسة، نقف على ثلاثة مباحث: المبحث الأول، وفيه نتعرف على التنمية المحلية المعطى في ظل نظام اللامركزية الإقليمية وذلك في مطلبين: المطلب الأول، نستعرض جملة من المفاهيم للتنمية وبعض أنواعها.
Copyright (c) 2026 Ali Mahdi (Author) https://creativecommons.org/licenses/by-nc/4.0
الوظيفية التشريعية لرئيس الدولة في الجمهورية اليمنية (دراسة مقارنة)
Copyright (c) 2023 https://creativecommons.org/licenses/by-nc/4.0
The ruling on deputation in public office jurisprudence and law: an inductive comparative study
Knowing the legal and legal ruling on the issue of delegation in public office was one of the most important objectives of this research (the ruling on deputation in public office). The first section was devoted to introducing the delegation and the public job in language, terminology, and law, and the second research: knowing the differences between the deputation, agency, and trade, because the delegation is real and inherent to them. The third section also talks about the heart and core of the research, that is: about the ruling on deputation in public work, according to jurisprudence and law. The researcher reached the United States of America in the public service - as a general result concluded by the research - on the condition that a representative be like the delegate or higher than him in knowledge, qualifications and testimony, and that the procedures for this process-I mean: the delegation law-are Yemeni law represented by the civil service. The researcher also recommended that 90 percent of the principal’s salary be handed over to the alternative. Instead, hire for the specifications of your choice as an alternative.