استثمار مال اليتيم في الشَّريعة الإسلاميَّة والقانون اليمني : دراسة تحليلية مقارنة

Abstract

This research aims to highlight the importance of investing an orphan’s wealth legally and in view of Shari’ah through a comparative study between Islamic rulings and Yemeni law; it investigates, in addition, the reality of an orphan’s wealth investment in the Yemeni society based on sound and objective criteria in the coverage of the urgent needs of an orphan in real life; the topic ( Investment of the wealth of orphan in Islamic and Yemeni law: A Comparative analytical study) was addressed using an inductive: descriptive, Comparative and analytical approach , in accordance with a legal mechanism based on authentic texts of Islamic law and the laws in force in the Republic of Yemen. The study highlighted the greatness of Islamic law in taking into account the needs of an orphan financially, an element the Yemeni law approves of. The study also touched on the guardianship of an orphan’s wealth, the evidence for investing it and the norms of investment in Islamic and Yemeni laws along with the management of the said norms. Included were the methods of investment such as: Murabaha, Sharaka(partnership), Mudaraba (speculation) and Ijar (leasing); the research comprised of a field study on a targeted sample of guardians , judges and investment experts and encompassed the reasons hindering the investment of an orphan’s wealth in the Republic of Yemen with the ways and methods of investment beneficial to him. The researcher concluded that an orphan’s wealth should be invested in the Republic of Yemen and not kept; so as wealth saving would not have the adverse effects of shortage and loss; the researcher adopted this opinion on evidence from the Noble Quran and the sacred Sunnah. Moreover, the research highlighted the importance of investing an orphan’s wealth using varied and modern methods according to Islamic and legal objectives and norms so long as the guardian invests it with prior planning, favoring the best among the diverse areas of investment. Furthermore, the research also exposed the necessity of institutional investment of an orphan’s wealth, as there is necessity in state intervention with its public authority to look after an orphan`s wealth in the Yemeni society. Allah I seek for help and guidance, as He is the source of power and ability.