Шариат, фикх, исламское право: проблема соотношения
This article deals with the problem of a discrepancy between the law and rights as the concepts of Islamic legal thought and modern science. A proposed solution suggested by the author is to examine the approaches towards these concepts existing in the modern legal science. In addition, this work provides a number of examples of the law and rights’ interpretation in Islam. This article is an interdisciplinary study of rights, Islamic legal culture, Sharia and Fiqh through the prism of Islamic knowledge, legal theory and legal policy.
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 book is devoted to the analysis of legal and political problems of countering international extremism and terrorism. The criminal and criminology aspects of this activity are covered.
The article is dedicated to the functioning of the law and local government system which was created by the Ottomans to control their Balcan lands. Local conflict management is considered in the multiethnic and multiconfessional environment. The paper also focuses on the synthesis of secular and Islamic traditions in Ottoman legislature, as well as the way law influenced the historical development of the Balcan nations.
Article devoted to analysis the role and significance of Tatar-born Russian officials in gathering information about state and law of the Central Asian khanates – Bukhara, Khiva, Khoqand in the 18th-19th cc. on the examples of M.Bekchurin, M.Aitov and I.Batyrshin. All of them served as officials of the Orenburg Frontier Commission, two of them were diplomats in Bukhara and Khiva, last one contacted with informers from abovementioned khanates. The common feature for them was that they were Turks and Moslems. Firstly that fact provided Central Asian population’s sympathies to them (including favor of representatives of the ruling elites of the khanates) and gave an opportunity to gather more useful information. Secondly, as representatives of the Turkic-Islamic culture they could better understand and estimate the level of political and legal development of the Central Asian khanates and prepare impartial reports for their chiefs. Also it’s necessary to notice that their affiliation with Turkic-Islamic world didn’t influence on quality of fulfillment of missions by such officials: they tried all ways to contribute to realization of the Russian policy in the Central Asia and advance of the Russian Empire in this region.
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.