Provisions of the Option of Defect in the Yemeni Civil Law No. (14) Issued in (2002) in the Light of the Four Doctrines

Abstract

This Research basically deals with the "provisions of the option of defect in the Yemeni Civil Law No. (14) issued in (2002"، compared to the provisions of the option of defect in Islamic jurisprudence in the four doctrines in addition to Zaidi doctrine. The researcher has adopted the doctrinal view first, and then showed the attitude of the law to each part of it, referring to the opinion adopted by the law evaluating its way and preferred what the evidence requires. My interest in the comparative study between Islamic jurisprudence and Yemeni civil law is because it is the closest law to my exact specialty. Also, through this, I can respond to the skeptics who try to undermine the jurisprudence of Islam, as they consider it to be a minor; it is not appropriate for deriving the systems and laws governing different aspects of life.According to their claim that it contains different doctrines and in the same doctrine there are different sayings. This is not true, because the Yemeni civil law is one that was derived from Islamic law (specifically Islamic jurisprudence) and what confirms what I have mentioned is what is stated in Article (3) of the Yemeni constitution in force that: (Islamic law is the source of all legislations).