The legal system of the divorce agreement in Yemeni law

Abstract

Praise be to God, Lord of the worlds, and prayers and peace be upon our Master Muhammad and his family and companions, and after:
The multiple will represented in the will of the parties to the legal act of agreement and contract is considered the most important reason for the existence and termination of legal relations. Whatever the subject of that relationship - financial or personal - because the parties to these agreements are fully aware and ready to implement the obligations arising therefrom; Because they are the ones who establish those obligations (1), and the Yemeni legislator has taken care of the will as a reason or source for personal legal relations in terms of existence or termination. It was regulated by legal rules taken from Islamic jurisprudence (2), and those rules were regulated by the Personal Status Law promulgated by No. (21) of 1992 AD and its amendments (3). Whereas, this law was concerned with the need for the fulfillment of the legally and legally considered will of the parties to the marriage (husband-wife-guardian of the wife) and considered the marriage contract without it non-existent (both contracts). Insanity and considered the contract metaphorically suspended, and it is permissible for those who have completed their eligibility to terminate the marriage contract by their own will, whether they are husband or wife, and this termination is known as annulment of puberty and annulment of recovery. The marriage contract is a private, personal contract that is subject to marital life, not money. Therefore, the dowry was not a pillar in the marriage contract, so ignorance and the like are permissible in it. And since the marriage contract is replaced by marital life, and it is one of the matters closely related to the human person, and its parties are greatly harmed if its legal, legal, religious and moral components are not available in the marriage contract, the Yemeni law has permitted the termination of that contract and the termination of the marital relationship arising from it, deriving the provisions of that termination from the jurisprudence of The glorious Islamic Sharia, which took into account the conditions of the reality of people’s lives and permitted necessity and considered it as a general principle is not desirable religiously and morally, but it is an exception to necessity; In view of its seriousness, provisions have been arranged after the termination of marriage with regard to the rights of the parties to the marriage contract, such as alimony for the wife and rights for the children (alimony, breastfeeding, custody, and the like). return between the spouses. The Yemeni law regulated the provisions for terminating the marriage contract in the second book of it, entitled (The Dissolution of Marriage and its Provisions). It was organized in two chapters. The first chapter dealt with the involuntary causes, often through the judiciary, of the dissolution of the marriage, which is either due to a defect in the pillars of the marriage contract, such as the failure of the will element or the presence of an impediment to marriage, and this is known as anfasikh. Or it is due to a defect in the implementation of the marriage contract by violating marital rights. The second chapter also regulated the provisions for the dissolution of marriage for voluntary reasons, which are either due to the unilateral will of one of the parties, which is the marriage in what is known as divorce, and the termination of marriage may be by agreement of the two parties, the husband and the wife, in what is known as khula’, and this is also derived from the provisions of Islamic Sharia jurisprudence, which was organized in The second chapter (divorce and its rulings) from the second chapter of divorce and dissolution of the second book is the dissolution of marriage and its rulings. The provisions of divorce were organized in Articles (72-74), mentioning its definition, conditions and effects. Given the importance of this issue from a practical point of view, and being the best way to terminate the marriage contract, as no party is often harmed by that termination; Because he often anticipates its effects and arranges the obligations and problems resulting from them and the appropriate solutions.
We will study this topic in an introductory section and two chapters as follows:
- Introductory topic: Defining the divorce agreement.
Chapter One: Elements of the divorce agreement.
Chapter Three: Effects of Khula Agreement.