Современная исламская правовая мысль о халифате и гражданском государстве с исламской ориентацией
The article touches approaches of the modern Islamic legal thought to public power and government. Special attention is paid to discussions about the character of the modern Islamic state. The arguments against revival of Islamic power as religious institution are analyzed as well as the views of Muslim specialists in legal and political studies on combining of Islamic power with democratic values are presented. The key sides of the modern conception of civil Islamic state are emphasized. In this light disputes on possibility of revival of Caliphate in the modern Muslim world are covered. At the same time positions of the leading centers of modern Islamic thought towards viewing existing Muslim states as genuine Islamic institutions are presented. The author in detail analyzes the latest Islamic conception of civil state with Islamic or Shariat orientation as the most appropriate for modern Islamic world.
The article touches approach of the modern Islamic legal thought to the Islamic state and caliphate. The author explains the fundamental principles if Islamic concept of the power (caliphate) and points out that this concept was gradually deviating from real political practice. The caliphate itself remained as a political institution till the collapse of the Ottoman Empire after the World War I. After emergence of Islamic State of Iraq and Levant (ISIL) the caliphate converted to concrete political project. In June 2014 ISIL which changed its name to become “Islamic State” (IS) declared creation of caliphate. In practice the Shariat implementation in IS comes to mass killings, forcing nonmuslims to adopt Islam, interference into internal life of Muslim states and terror attacks. The modern Islamic legal thought criticizes IS severely stressing on its violence of religious postulates and Shariat provisions.
In the XIX century. by the Russian government collected, systematized and studied the rules of customary law Caucasian highlanders (adat). Adat, regulating property relations and to obtain official recognition applied to mountain verbal (folk), village (aul) and arbitral tribunals. Customary law Chechen and Ingush distinguished: the multiplicity of actors, the equality of «their» - members of the indigenous genera (Taipei), the limited capacity of «outsiders», difference rules in the mountains and on plains, low developed separate institutions, low levels of legal technology.
The article is devoted to the analysis of theoretical foundations of Islamic extremism and terrorism as well as positions and approaches of modern Islamic legal and political thought towads this phenomenon. The author concludes that this thought can play a positive and effective role in combatting international extremism abd terrorism
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/