A COMPARATIVE ANALYSIS OF CODIFICATION OF EUROPEAN CIVIL CODE AND UNIFIED ISLAMIC CIVIL CODE: CHALLENGES AND SOLUTIONS

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SHAHABI MEHDI; KHAJOEE ZAHRA

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Journal: PRIVATE LAW Year:2015 | Volume:3 | Issue:11 Page(s): 71-100

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Title

A COMPARATIVE ANALYSIS OF CODIFICATION OF EUROPEAN CIVIL CODE AND UNIFIED ISLAMIC CIVIL CODE: CHALLENGES AND SOLUTIONS

Author(s)

SHAHABI MEHDI | KHAJOEE ZAHRA | Issue Writer Certificate

Keywords

GLOBALIZATION OF LAWQ1

UNIFIED EUROPEAN CIVIL CODEQ2

UNIFIED ISLAMIC CIVIL CODEQ1

ECONOMIC COMMON MARKETQ1

ISLAMIC COOPERATION ORGANIZATIONQ2

EUROPEAN UNIONQ2

Abstract

GLOBALIZATION OF LAW is an incontestable reality. It is a major concern, which can be justified not only from structural, conceptual and legal values perspectives, but also in terms of the legislative patterning realm. Laws of Islamic Nations cannot remain unaffected from this reality. The basis of viable regulation and legal conceptions in European systems, and generally in the West, has a humane rationality nature. Thus, from substantive perspective, globalization can be considered to be a kind of threat to laws of Islamic Nations, since in Islamic law, humane rationality is not the sole basis for the credibility of legal values, conceptions and structures. Here, it is assumed that globalization can be viewed as an opportunity, and the adoption of UNIFIED ISLAMIC CIVIL CODE by following European Civil Code pattern may be regarded as an example of this opportunity. Nevertheless, the establishment of European Civil Code and an Islamic Civil Code encounters many challenges. By analysing these challenges, this article aims to present some solutions.

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APA: Copy

SHAHABI, MEHDI, & KHAJOEE, ZAHRA. (2015). A COMPARATIVE ANALYSIS OF CODIFICATION OF EUROPEAN CIVIL CODE AND UNIFIED ISLAMIC CIVIL CODE: CHALLENGES AND SOLUTIONS. PRIVATE LAW, 3(11 ), 71-100. SID. https://sid.ir/paper/252728/en

Vancouver: Copy

SHAHABI MEHDI, KHAJOEE ZAHRA. A COMPARATIVE ANALYSIS OF CODIFICATION OF EUROPEAN CIVIL CODE AND UNIFIED ISLAMIC CIVIL CODE: CHALLENGES AND SOLUTIONS. PRIVATE LAW[Internet]. 2015;3(11 ):71-100. Available from: https://sid.ir/paper/252728/en

IEEE: Copy

MEHDI SHAHABI, and ZAHRA KHAJOEE, “A COMPARATIVE ANALYSIS OF CODIFICATION OF EUROPEAN CIVIL CODE AND UNIFIED ISLAMIC CIVIL CODE: CHALLENGES AND SOLUTIONS,” PRIVATE LAW, vol. 3, no. 11 , pp. 71–100, 2015, [Online]. Available: https://sid.ir/paper/252728/en

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