The author of the article takes an endeavour to investigate the problems of Moslemic law emergence in the light of modern theory of law genesis. The main investigative attention was targeted at comprehension of problems connected with non-correspondence of the provisions of the traditional science dealing with the state and law theory to Moslemic law in the question of law conception; the author’s undertakings being aimed at an especial way of Moslemic law emergence under the sway of general world regularities of law genesis. The specifities of the historic formation of Moslemic law for which two cultural-historic periods of development were designated are singled out, there is put a question concerned with the role of justice in the procces of acquiring an officials status by Moslemic law and of the origin of legal schools (mazhabs) as linking ties of the first cultural-historic period of Moslemic law development with the consequential one; dynamism being inherent already in the second. Moslemic law genesis reflects, as it is shown, properties and features of ancient epoch behavior.
Key-words: genesis of Moslemic law, general world regularities of law genesis, cultural-historic period, formation of Moslemic law, legal schools, justice, mononorm
Reference Literature:
1. Buriev I.B. The History of Politico-Juridical Ideas. The 2-nd edition. – Dushanbe: Cognition, 2016. – 232 pp.
2. Gryunebaum G.E., von. Classical Islam. The Essay of History (600-1258)//Translation from English by I.M. Dijour. Preface by V.V.Naumkin. – Moscow: Science, 1986. – 216 pp.
3. Gurevich A.Ya. The Category of Mediaeval Culture. – Moscow: Art, 1972. – 320 pp.
4. David R., Joffre-Spinosi K. Major Law Systems of Contemporaneity// Translation from French by V.A. Tumanov. – Moscow, 1998. – 400 pp.
5. Kerimov G.M. Shariat: Muslim’s Life Law. Shariat Responces to the Problems of Contemporaneity. – Saint-Peterburg: Dilya, 2007. – 512 pp.
6. The Koran//Translation of Senses by E.R. Kuliev. The fifth edition, revised and enlarged. Moscow: UMMA, 2004. – 688pp.
7. Muromtsev G.I. Mononorm as a Stage of Law Formation// Bulletin of Moscow University under the Mininstry of Home Affairs of Russia. – Moscow, 2017, №3. – pp. 93-96
8. Obidov D.S. To the Issue of Formation and Essentiality of Islamic Justice Conception/ Bulletin of TSU LBP. Khujand, 2013, №03 (55). – pp. 11-13
9. Pershits A.I. Normative Ethnography Problems//Researches in General Ethnography//Collection of Articles. – Moscow: Science, 1979. – pp. 210-240
10. Rubinstein S.L. The Grounds of General Psychology. – Saint-Peterburg: Peter, 2015. – 705 pp.
11. Syukiyainen L.R. Moslemic Law. Issues of Theory and Practice. – Moscow: Science, 1986. – 256 pp.
12. Fustel de Coulange Numa, Deni. Ancient Civil Community: Exploration Beset with Culture, Law, Institutions of Greece and Rome//Translation from French. – The 3-rd edition. – Moscow: Krasand, 2011. – 354 pp.
13. Holikov A.G. Islamic Law. – Dushanbe: Er.Graph, 2010. – 476 pp.
14. Cherdyantsev A.F. The Theory of State and Law: Manual for higher schools. – Moscow: Yurait-M, 2002. – 432 pp.
15. Engels F. The Origin of Law, Private Property and State. – Moscow: Political Literature Publishing-House, 1989. – 240 pp.