Dicle University Journal of Law Faculty

Abstract

Islamic World is completely under the influence of
“western law system” today. This world does not have any law system completely
produced by it, except very limited legal issues, as of today. Save for 3 basic
laws in the last two centuries of the Ottoman State produced by it, almost all
the basic laws are composed of excepts made from the Western law system. This
approach is accelerated in the Republican Period. The conditions of the other
Islamic countries are not much different.

On the other hand, Islamic civilization, since first
period until now, is firmly founded on the concept of rule of law. Addition to
it this concept (Islamic law) in the field of private law continues to be attractive
for those living on the lands of Islam. Accompanied with this attractiveness,
it should be accepted in advance that the rules emerging with the advancement
of technology and the universal principles of law are the values longed by the
Islamic world on these lands.

Infact,
the unity in law; can be possible by the freedom for almost all Islam countries
to make and en act their own internal laws and by determination of the highest
norms acceptable by all the Islamic countries. At this point, even if not
absolute, EU directives are good examples with their soft natures (on the basis
of respect for internal rules of law). It is beyond doubt that this unity does
not seem to have effect with the same criteria of EU. Within this frame, the
following issues should be taken into consideration in the higher norms to be
prepared.

The fact
that different societies have very different identities and taking such
sociologic and psychological data in consideration while preparing the norms of
law,

The
principle of respect for the internal law of each country, however, allowing
the determination of joint principles of law in preparation of some basic higher
norms,

Emphasizing
in the higher norms, the principle of absolute respect for the principle of
superiority of law, universal principles of law and the principle of justice,
and if required establishment of a joint internal control mechanism by the
Islamic countries for this purpose,

Joint work
of the law experts and fiqh experts in preparation of the higher norms are required
to be provided.

When such
conditions are achieved, it shall be possible to mention “joint law unity” in
the Islamic countries.