أهلية الطفل (الصغري المميز)‎ للشهادة في الفقه الإسلامي و القانون اليمني

الملخص EN

The research dealt with the eligibility of the distinguished child to pay witness in Islamic jurisprudence and Yemeni law.

The research aimed to clarify the eligibility of the distinguished child for testimony and the scope and conditions of his testimony in Islamic jurisprudence and Yemeni law.

The researcher employed the inductive, descriptive, analytical and comparative approach.

The study was divided into three sections.

The first section provided a definition of eligibility, the child and testimony in language and terminology.

The second section was about the eligibility of the distinguished child in Islamic jurisprudence and Yemeni law.

The third section was the eligibility of the distinguished child to testify in Islamic jurisprudence and Yemeni law.

Among the important findings are the following: 1-A child in Yemeni law is every person who has not completed fifteen full lunar years and the distinguished child is the one who has completed ten full lunar years and has the capacity of the child or the distinguished boy, and he is deficient in capacity.

2-There is a difference regarding the period of discrimination for a child, with a distinction between civil and criminal matters in Yemeni law.

It also did not specify the age of the witness, whether this witness was in civil matters or in criminal matters.

3-The testimony of the distinguished child is not accepted in financial matters as evidence among the majority of jurists and in the Yemeni law, contrary to the narration of Imam Ahmed.

4-The Yemeni law agrees with the Malikis in accepting the testimony of a distinguished child on children similar to him regarding what happens between them if it is in the case of wounds or murder when other conditions are met.