0.0/5 rating (0 votes)

ON THE ISSUE OF CULTURAL AND HISTORICAL FACTORS IN THE GENESIS OF LEGAL SCHOOLS IN ISLAM (HISTORICAL AND LEGAL RESEARCH)

Author (s)

Obidov D.S.

Abstract

The article attempts to study the problem of the emergence of legal schools in the history of Islam against the background of global patterns of legal genesis under the influence of cultural and historical factors of individual regions in which the process of the emergence of these schools took place. Particular attention is paid to the study of the need and significance of legal schools in the history of Islamic law, their role and functions, the ancient cultural and historical traditions of Babylon and Western Arabia, on the territory of which the process of origin and formation of legal schools took place. When understanding the specifics of the cultural and historical traditions of Babylon, Mesopotamia and Western Arabia, the nature of the legal schools that subsequently arose in Iraq and Hejaz is revealed. The rationalism of the first legal school in the history of Islam is pointed out - the Kufi school of “Ahl-ar-rai”, which arose in Iraq.

Keywords

Islam, Muslim law, legal schools, legal genesis, justice, cultural and historical factors, Kufi legal school, Hijaz legal school

References

1.    Berman J. Harold. Faith and Law: Reconciling Law and Religion/Trans. From English – M.: Moscow School of Political Sciences Research, 2008. – 464 pp.

2.    World history. Textbook for High Schools / Ed. G.B. Polyak, A.N.Markova. – M.: Culture and Sports, UNITY, 1997. – 496 pp.

3.     Gurevich A.Ya. Categories of Medieval Culture. – M.: Publishing house “Art”, 1972. – 320 pp.

4.    History of World Culture (world civilizations). – 2nd edition, amended and supplemented – Rostov n/d: publishing house “Phoenix”, 2002. – 544 pp.

5.    Kanitkar V.P. (Hemant), Cole W. Owen. Hinduism /V.P. (Hemmant) Kanitkar, W. Owen Cole / Trans. From English E. Bogdanova. – M.: FAIR-PRESS, 2003. – 320 pp.

6.    Maltsev G.V. Cultural Traditions of law: monograph / G.V. Maltsev. – M.: Norma: INFRA-M, 2013. – 608 pp.

7.    Muromtsev G.I. Mono-Norm as a Stage in the Formation of Law // Bulletin of Moscow University of the Ministry of Internal Affairs of Russia. – M., 2017. – N 3– P.93-96.

8.    Muromtsev G.I. Muslim law in the context of legal genesis //Right. Journal of the Higher School of Economics, 2021. – No. 1. – PP.80-106.

9.     Nersesyants V.S., Muromtsev G.I., Maltsev G.I., Lukasheva E.A., Varlamova N.V., Lapaeva V.V., Sokolova N.S. Law and Culture: Monograph. – M.: Publishing house RUDN, 2002. – 423 pp.

10.Samigullin V.K. Eastern Legal Tradition. – Ufa: LLC “Profi Plus”, 2015. – 100 pp.

11.Suggs G. Babylonians / Henry Suggs / Trans. From English M. Zvonareva. – M.: FAIR PRESS, 2005. – 256 pp.

12. Smertin Yu.G. Muslim History: the times of the Prophet and Caliphs: Textbook. – Krasnodar: Institute of Economics, Law and Natural specialties, 2003. – 264 pp.

Publication date

Tuesday, 25 June 2024