“A Comparative Analysis of Codification of European Civil Code and Unified Islamic Civil Code: Challenges and Solutions

Abstract

Globalization of law is an incontestable reality. It is a major concern, whichcan be justified not only from structural, conceptual and legal values perspectives,but also in terms of the legislative patterning realm. Laws of Islamic Nationscannot remain unaffected from this reality.The basis of viable regulation and legal conceptions in European systems, andgenerally in the West, has a humane rationality nature. Thus, from substantiveperspective, globalization can be considered to be a kind of threat to laws ofIslamic Nations, since in Islamic law, humane rationality is not the sole basis forthe credibility of legal values, conceptions and structures. Here, it is assumed thatglobalization can be viewed as an opportunity, and the adoption of UnifiedIslamic Civil Code by following European Civil Code pattern may be regarded asan example of this opportunity. Nevertheless, the establishment of European CivilCode and an Islamic Civil Code encounters many challenges. By analysing thesechallenges, this article aims to present some solutions.

Keywords

• globalization of law
• unified european civil code
• unified islamic civil code
• economic common market
• islamic cooperation organization
• european union