The customary partnership between jurisprudence rooting and the position of Yemeni law

Abstract

The importance of the study comes from its dealing with one of the most prevalent issues in the real situation of the Yemeni society; the issue of customary partnership. The aim of the study is to reveal the truth of this partnership and clarify its jurisprudential and legal provisions. In the study، the comparative analytical method is used. The study is divided into an introduction، three main topics and conclusion. The Introduction is concerned with defining the customary partnership، and explaining the difference between it and the formal partnership. The first topic is on the jurisprudential (Fiqh) rooting of the customary partnership. The second topic deals with the division of the profits of the customary partnership and the third topic clarifies the position of Yemeni law on this partnership. The conclusion presents the most important results of the study which are: the customary partnership is not based on a prior agreement between the partners that reveals their will to establish a partnership as in the official partnership. It is rather formed on the ground in a practical way which comes as a result of social conditions and influences such as the relatives sharing the house and food. This in turn led to the difference of these partners in how to divide the profits and results of this partnership