THE LEGAL COMMANDMENT BETWEEN THE ROOTING JURISPRUDENCE AND THE POSITION OF YEMENI LAW "A COMPARATIVE INDUCTIVE STUDY"

Abstract

This research deals with an important issue of jurisprudence and the law, which is the legal commandment for the grandchildren whose father died during the life of their grandfather or grandmother. This commandment combines the old rooting in terms of its jurisprudential doctrinal origin, and the modern jurisprudence in terms of the Yemeni law issuing modern judgments based on its ancient origin. The research is divided into three sections, the first one presents the true perception of the legal commandment by stating its concept and the optional commandment comparing them to introduce the second section, which comes in the statement of explaining the rooting jurisprudence of  the legal commandment in light of the doctrines of jurisprudence. Then the third section clarifies the position of the Yemeni law from the legal commandment and its commitment to this rooting jurisprudence. The research concludes with a set of findings and recommendations.