The option of Ghubn in Islamic jurisprudence and Yemeni civil law A comparative jurisprudence studies

Abstract

This study discusses the topic of the option of Ghubn (coercion) in Islamic jurisprudence and Yemeni civil law. It is a jurisprudential study aimed at comparing the opinions of jurists and determining what appears to be the most appropriate based on strong evidence and convincing arguments, and comparing it with Yemeni civil law.

The study aims to clarify the concept of Ghubn in language and in the terminology of jurists, and to explain the opinions of jurists regarding the two types of Ghubn: Ghubn al-Mujarrad (pure coercion) and Ghubn al-Muqtaran bi al-Taghreer (coercion coupled with deception).

Furthermore, this study aims to explain the claim of Ghubn in Yemeni civil law in terms of its conditions and provisions. The study has reached several important conclusions, including: the option of Ghubn is a legitimate license by which one of the contracting parties has the right to sign or terminate the contract in a binding contract that allows termination for a specified period, due to extreme coercion that goes beyond the norm.