Criminal Responsibility in Tribal Customs Between Islamic Law and Yemeni Legislation

Abstract

#The aim of this study is to address the issue of criminal responsibility and the resulting criminal sanctions in the system of tribal customs, and to clarify the position of Islamic law and Yemeni legislation on this matter. The study consists of an introduction and three main sections as follows: The introduction provides an overview of the terminology related to the research topic. In the first section, the researcher discusses the legal basis for the principle of criminal responsibility, as derived from Islamic law. The second section examines the elements and foundations upon which criminal responsibility in tribal customs is based, while highlighting the stance of Islamic law and the legal system on this matter. The third section focuses on studying the limits of criminal responsibility in tribal customs and clarifying the position of Islamic law and the legal system regarding these limits. The study concludes by presenting the key findings, including the observation that tribal customs adhere to the principle of collective criminal responsibility in cases of intentional or accidental homicide, contrary to the provisions of Islamic law and Yemeni legislation, which limit responsibility to the perpetrator alone and exclude other relatives, regardless of the degree of kinship. The study also includes relevant sources and references related to the topic.