GENESIS AND CONCEPTUAL FOUNDATIONS OF MUSLIM LAW
The article is devoted to the problem of defining the conceptual foundations of Muslim law, inherent in its characteristic features. Emphasize the importance of studying the theological ideas of Islam, as they permeate legal concepts, forming a different "vision" of legal phenomena and l...
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| Format: | Article |
| Language: | deu |
| Published: |
Alfred Nobel University
2023-06-01
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| Series: | Alfred Nobel University Journal of Law |
| Subjects: | |
| Online Access: | https://law.duan.edu.ua/images/PDF/2023/1/3.pdf |
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| Summary: | The article is devoted to the problem of defining the conceptual foundations of Muslim law,
inherent in its characteristic features. Emphasize the importance of studying the theological ideas of
Islam, as they permeate legal concepts, forming a different "vision" of legal phenomena and legal
reality. Attention is drawn to the relevance of scientific knowledge of Islamic religious doctrine in the
conditions of modern trends, as a powerful ideological vector of the development of Muslim law,
regardless of the inherent conservatism of Islamic society. In addition, the idea of the dualistic nature
of Muslim law and its multifaceted nature is asserted, which is based on the conclusions of prominent
legal scholars and religious scholars of the past and present, such as Abu Hanif, A. Ibn Khaldun, J.
Schacht and others. The article presents the conclusions of the well-known modern scientist Benjamin
Jokish regarding the borrowing of legal ideas of Jewish law, Roman law and Byzantium by theorists of
Muslim law. The author, in general terms, reveals the issue of the genesis of Muslim law, in particular,
the periodization of Muslim law is mentioned as a generalization of the historical stages of its
existence, the role of legal schools (madhabs) in the process of the development of Muslim law is
noted. The issue of distinguishing between the concepts of "Sharia" and "Fiqh" is also highlighted
separately, attention is appropriately paid to the changing role of these two categories in the theory
of Muslim law, since, first of all, the subject field of Fiqh began where the field of Sharia ended, which
later acquired a different meaning. The field of research on the sources of Muslim law does not lose
its relevance, in addition to the Qur'an and the Sunnah, the knowledge of the meaningful essence of
ijtihad as a source of Muslim law derived from the Qur'an and the Sunnah, which is a functional tool
for solving controversial issues of human existence and social life in general, acquires special
importance. |
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| ISSN: | 3041-2218 3041-2226 |