Consequences and Applications of Actions in the Yemeni Civil Law: A Contract-Property Theory a Case-in-Point

Abstract

This study aimed to show the purpose-related rule (maqasid) and its role and application in the Yemeni civil law because the significance of this study lies in the fact that these consequences are legislatively considered; the case that requires more research on its grounding to be based on a related rule and legal acts application. This study was ranged into an introduction  and three sections. The introduction was devoted to address the study' significance, the reasons for addressing the topic, statement of the problem, and objectives. However, Section I was concerned with  action consequences. Section II showed the evidence for the rule of action consequences together with the Yemeni civil law from which it was stated. Section III addressed the rule of action consequences and applications in Yemeni civil law. Finally, a number of conclusions were revealed, including: the origin of considering fate has deep roots in the Yemeni civil law, which stipulates the prohibition of permissible and even legally required acts, if they contradict the purpose of the law legislated; the rule of considering consequences as an objective rule that makes one responsible away from his/her desires and into the servitude to Allah, i.e., this makes his/her actions in line with the objectives of the lawgiver in establishing rulings, both outwardly and inwardly, requiring codifiers to pay attention to them while being in ijtihad; and the purpose of legislating rulings is to bring righteousness to those responsible and ward off corruption from them. Accordingly, the Yemeni civil legislator focused on requesting actions that lead to this purpose. Finally, Muslims should learn legislative intentions, in general at least, so as to make their intentions matche that of the wise lawgiver, avoiding contradicting, whether intentionally or unintentionally.