The Islamic Concept of the Caliphate: Basic Principles and a Contemporary Interpretation
This article studies the approach of Islamic legal thought to the idea of Caliphate. The author explains the fundamental principles of the Islamic concept of the state as an instrument for defending and maintaining religion and dealing with worldly affairs. Modern Islamic thought, taking into consideration the historical evolution of Islamic statehood under the influence of objective political circumstances, came to the key conclusion that an Islamic state is not restricted to a unified Caliphate (the Caliphate on the way of the prophecy). Other models of power are quite admissible if they are meeting the aims of the Caliphate.
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.
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/