ANALYSIS OF THEORIES OF LEGAL TRANSPLANTATION THROUGH THE EXPERIENCE OF TRANSPLANTATION OF ISLAMIC FINANCE

Abstract

The past few decades have witnessed the introduction of legislative reforms in many countries around the world as law reform has become an end in itself to keep pace with economic, social and political development and legal transplantation is one of the means that has been used to achieve this as it has been used throughout history in legislative reform, Which necessitates exposure to the concept of legal cultivation as one of the issues that occupied its place is important in Western studies, while there is no Arab study in this regard to define it on the one hand and indicate the role it plays in the process of legislative reform on the other hand, and the financing is Salami, one of the industries that have spread globally after the global financial crisis in 2008, prompting many policymakers around the world to receive him through amendments to the legislation for the demonstrated efficiency in the face of financial crises, we have chosen as an experiment to prove the validity of the theories of legal transplantation. Among the countries that were planted by France, as the political will expressed its desire to include Islamic finance in its banking system and to ensure its reception on its lands, it made many legislative and tax amendments to contain this moral financing. As for Iraq, the experience of Islamic banks was on a small scale and expansion and expansion was only available. After 2003, where many obstacles are beset, which requires us to find and find appropriate solutions to develop Islamic finance in Iraq compared to Arab and Western countries.