قاعدة العادة محكمة و تطبيقاتها في قانون الأحوال الشخصية اليمني (الزواج و انحلال الزواج أنموذجا)‎

الملخص EN

This research dealt with induction and analysis the rule of custom and its applications in the Yemeni personal status law, marriage and the dissolution of marriage as a model, which is one of the jurisprudence rules that show the place of custom in legislation and then in Yemeni law, which takes Islamic Sharia as a source for all legislationى.

The study was divided into two sections, the first section dealt with the discussion of the rule of custom in terms of its concept, rooting and position, and the relationship between custom and habit among Sharia and legal scholars.

The second section dealt with the applications of the rule of custom in the articles of the books Marriage and Dissolution of Marriage from the Yemeni Personal Status Law.

Among the most important search results are the following: 1-The rule of custom and customs in general is important in Islamic legislation and in law too, as many legislations are biased on it.

2- The Islamic Sharia shows wisdom in taking into consideration people's customs and not ignoring them.

It takes into account their needs and spare them from falling into hardship.

3-Custom is regarded as one of the sources of legislation in Yemeni law provided that it is consistent, and not contradicting the principles of Islamic Sharia, public order or public morals.

4- The rule of custom is widely applied in the Yemeni Personal Status Law