الأحكام والضوابط الشرعية المتعلقة بحمل السلاح وبيعه: دراسة فقهية مقارنة بالقانون اليمني

الملخص EN

This research aimed to study the phenomenon of carrying and selling weapons and clarifying the legal rulings and regulations related to carrying and selling it from a juristic perspective compared to the Yemeni law, by using the deductive inductive method in this research, depending on jurisprudential sources with referring to the evidence from the Holy Book Quran as first source and the Sunnah as a second source with a discussion of the opinions of the jurists, by indicating to the correct one, in with fully knowledge of the law's point of view, the research consisted of two topics; The first topic: the terms and controls for carrying weapons in according to the jurisprudence and law, and it has two requirements, The first one: Controls and judgments related to carrying weapons according for Islamic rules (jurisprudence).

the second one: included the conditions and controls related to carrying weapons in accordance with.

The second topic: Regarding by trading arms and selling them to people to be used as a strife or in war, and this has two requirements; First One: terms and controls related to arms trade in Islamic jurisprudence and law, The second included: the ruling on selling it to people of strife and war as Islamic teaching (jurisprudence) and law: the results of the study indicated to the following The concept of weapons is called on every firearm and other war machine that people use in fighting of all kinds, and that carrying and selling these weapons will be varied by opinions of scientists in using them Islamic law permitted carrying and selling weapons, but did not leave the matter to launch it, but restricted this point with more controls and etiquette while carrying them.

Islamic rules prohibited carrying the weapons in some places, such as the campus and on holidays, except for necessity But for selling it, despite the Sharia of Islam and law permitting trafficking in it, but it prohibited selling weapons to people of strife and war, because it has become a forbidden means: because it used for criminal, and this is forbidden by Sharia.

In accordance with the law, it agreed with the Islamic teaching (jurisprudence ) that it is permissible to carry and sell arms and considers it a legitimate right for any citizens, but not to be released at all, but they restrict it by some terms and conditions so that it is prohibited to carry it in the capitals of governorates and cities except with a license from the competent authorities in the state, as well as the law agreed with Islamic jurisprudence in Preventing his pregnancy in some cases, places, festivals and the like even if it is licensed in it.

The law also allowed to buy and sell weapons but to be under the supervision and control of the state and a license to buy and sell them by the competent authorities The researcher also has presented a set of recommendations and proposals, including for the general public, also it including for those who are responsible For the security of the country and the protection of citizens from the threat of proliferation of weapons.