Özet:

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 andact 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.

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