مفهوم الاحتكار و آثاره و طرق الوقاية منه في ضوء الفقه و رأي القانون اليمني : دراسة مقارنة

الملخص EN

Islamic Sharia has made easy the methods of Halal dealings to keep the atmosphere of love among people for the sake of a happy life that can never be disturbed by grunts.

Towards such a sublime goal, Islam banned monopoly due to the hardships it entails.

Allah's Messenger (may peace be upon him) said: "No one hoards but the sinner.

" Monopoly can be not only in food but also whatever people need of money, jobs and services.

Jurisprudentially speaking, a need, whether private or public, becomes a must.

Necessity and dire needs are exempted from Sharia legal rules.

The banned monopoly includes what people need of foods, goods, services, etc.

As for hoarding goods, it makes no difference that they are produced in specific ways, purchased from the national market, or imported from the international one.

Each of the above categories is a monopoly as it leads to the same results; that is damage.

While the monopoly of food is prohibited unanimously, the monopoly of non-food goods is subject to controversies.

The majority of scholars (Jumhour) found no monopoly in stockpiling non-food items whereas Malik followers did.

The Yemeni law no.

19 – 1999 over competition and anti-monopoly adopts the Malikan viewpoint.

Non-food monopoly falls into two categories: the goods essential for people such as clothes, medicines, and fuel; and the public services such as water, electricity, and so on.

Islamic Sharia and Yemeni law suggested many anti-monopoly methods some of which are protective like preventing people from rushing out to caravans and some others are therapeutic like enforcing the monopolist to sell out the goods or pricing.

The Yemeni law no.

19 – 1999 (competition and anti-monopoly) adopts the latter as it states in Article 5 that the goods shall be priced based on the market free competition.

The Yemeni legislator refers to the pricing of the circulated goods and services which includes food and other items.

There must be new anti-monopoly methods in both Islamic Sharia and law.