Defense of Objective Adultery (A Comparative Study between Islamic Jurisprudence and Yemeni Law).

Abstract

#This research is an important topic that highlights the defense of objective adultery through a comparative study between Islamic jurisprudence and Yemeni law. It demonstrates the flexibility, realism, suitability, and alignment of Islamic law with human circumstances. It serves as a response to those who claim that Islamic law is a law of terrorism, killing, and mutilation. In fact, when Islamic law established the boundaries and retribution, it aimed to safeguard society from moral decay, protect dignity, preserve wealth, ensure mental and physical well-being. This was achieved through the establishment of a judicial system based on justice and fairness, which includes proving the accusation and applying the limits and retribution. Islamic law has been able to adapt to the changing times and places by allowing for the codification of its provisions to facilitate the judicial process. This research is divided into an introduction and three main sections. The introduction provides an overview of the terminology related to the study. The first section addresses the ruling of the defense, its types in Islamic jurisprudence and Yemeni law. The second section focuses on discussing the defenses of objective adultery in Islamic jurisprudence, presenting fourteen legal justifications for the defense. The third section discusses the defenses of objective adultery in Yemeni law, which are categorized into formal procedural defenses, substantive defenses, and defenses of non-acceptance. The research concludes with a set of findings and recommendations.