جريمة إصدار الشيكات بدون رصيد في ضوء الشريعة الإسلامية و القانون اليمني

Abstract EN

This paper addresses the crime of issuing checks without credit in the Yemeni law, and how Islamic Sharia looks at such an issue, for the importance of check in the commercial world, especially in terms of trade and daily financial transaction.

It also clarifies the concept of check in the Yemeni law and Islamic Sharia and how issuing checks without credit is considered a crime and its consequences in both.

The researcher has adopted the analytical approach amalgamated with the comparative approach.

The former was utilized in analyzing the texts of both the Islamic Sharia and the Yemeni law, and the latter for comparing such a phenomenon in both of them.

The paper concludes with some findings, the most important of which is that the definition of check in Islamic Sharia is similar to that in the jurisprudence of law, while the Yemeni law does not define it; but only its formats and the information it contains.

This is due to the fact that the Yemeni law is based on the Islamic Sharia.

There is no also a definition of the crime of issuing a check without credit in the Yemeni law.

There is, however, some sort of agreement between the Islamic Sharia and the Yemeni law in implementing the punishment in terms of text, and the punishment being prisoning or penalty, as indicated in the Yemeni law in accordance with the Islamic Sharia.

Prisoning is considered a bodily sanction while penalty a financial one.