ON THE POSSIBILITY OF BENEFITING OF ISLAMIC LAW AND HUMANITARIAN LAW FROM EACH OTHER

Nowadays, for some ideological reasons, there is a perception that Islamic law and Humanitarian law are two completely different legal systems. Of course, there is no denying that these two legal systems have some sides that cannot be reconciled because of the difference of origin. However, this does not mean that they have different norms and approaches with all aspects of the two legal systems. On the contrary, when these two legal systems are examined, it is not difficult to see that there are many overlapping sides. Essentially, the aim and finalist character of the law necessitate this. Because the main objective of the law is to solve social problems and the law must always renew itself in order to achieve this. Even these commonalities of the two legal systems require similar approaches and solutions to many issues. Of course, because of the divine origin of Islamic law, and the fact that today's law is based on human resources, there will be sides to be reconciled with each other. This does not mean, however, that the two legal systems will not benefit from each other. In our research, we have seen that these two legal systems are open to exploitation in the cases where they have different approaches. It is a fact that Islamic lawyers have been benefiting from the system of present-day law for about a century. However, in the scientific studies carried out together with these, researchers are also benefiting from the practical solutions of today's law in many respects. I also experienced the same experience. We see that those who act more distantly in this are mostly humanitarian lawyers. Judging from their writings, it is seen that they have done an outdated/time-honored legal treatment for Islamic law. However, if prejudices are left aside, it will be seen that modern law has much to gain from Islamic law. If these two legal systems want to improve themselves, they have to give up their attitude. The purpose of this paper is to show some concrete examples of the ways in which both legal systems can benefit from each other. If this is understood, the possibility of self-development of the two legal systems will increase