The Accompanying Case and Its Impact on the Provisions of Differences Related to Ikhraj Al-Maal (Payment of Money): A Comparative Fundamentalist Jurisprudential Study with Yemeni Law

Abstract

This study aims to elucidate the true meaning of the accompanying case according to fundamentalist scholars of Islamic jurisprudence، including its arguments، evidence، types، rules، and sub-rules. It also seeks to establish the provisions of differences regarding money payment (khruj al-Maal). Additionally، in conjunction with the accompanying case، we will explore the provisions of differences related to khruj al-Maal، particularly in determining rent entitlement in cases where Islamic scholars differ on concepts such as renting، lending، loaning، and borrowing. Furthermore، it will address the rulings on money retrieval in cases of differing opinions on granting، lending، and return gifts. The research underscores the significance of the accompanying case، especially in relation to khruj al-Maal، and stresses the importance of aligning branches with fundamental principles. It also highlights the role of jurisprudential principles and comparative jurisprudence in interpreting and complementing Yemeni legal texts to serve as a model.