Unifying Arab Legislation: Importance, Dimensions and Challenges

Abstract

The research deals with the issue of unifying Arab legislation as a lofty goal that the Arab people aspire to in all its countries, and provides the requirements for the nation's advancement and unity. The law constitutes the basic basis for development and evolution. The research dealt with the historical framework, where most of the Arab countries before the First World War were part of the Ottoman state, and Ottoman legislation was applied in it, the most famous of which is the Journal of Justice Rulings. Some of them continued to follow the approach of Islamic law. The Journal of Legal Rulings continued to be in force in many Arab countries even after the demise of the Ottoman Empire. The research also dealt with obstacles to the unification of Arab legislation, including the difference in legislative approaches and legal references among Arab countries between the Francophone approach, the Anglo-Saxon approach, and the Islamic approach. The research reviewed the steps and endeavors to unify Arab legislation or attempts to bring them closer together, and we touched on the efforts of the Arab Ministers of Justice within the framework of the League of Arab States, starting with the adoption of what was called (Sana’a Plan for the Unification of Arab Legislations 1981) and what resulted from the preparation of legislation by the Arab Center for Legal and Judicial Research in Beirut. A guiding model in various subjects exceeded thirty projects, but it remained within the guiding, non-binding framework. The Council of Arab Ministers of Justice also concluded many Arab agreements for cooperation in various fields, which could constitute a good step towards rapprochement. The research also reviewed the efforts of the Arab Center for Legal and Judicial Research in preparing and issuing dictionaries of legal terms in a practical effort for rapprochement. The research also touched on the activities of the Arab Parliamentary Union in the field of convergence between legislation in Arab countries. Finally, the researcher touched on the efforts of the Cooperation Council for the Arab Gulf States, which was established in 1981 as a regional entity for cooperation between the countries of the region, and it had a role in issuing guiding laws. The research concluded with a number of recommendations for stakeholders in order to continue striving to unify Arab legislation.