THEORETICAL AND LEGAL ASPECTS OF THE DEVELOPMENT OF THE LEGAL SYSTEM OF MUSLIM STATE IN THE CONTEXT OF SECURITY PROCESSES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 4)Publication Date: 2017-10-31
Authors : Pih Yulia;
Page : 69-74
Keywords : religion; law; religious and legal system; secularization; desecularization; Muslim law.;
Abstract
In the article, an analysis of the legal nature of the religious-legal systems of the Muslim type of law and the factors contributing to the processes of secularization and the desegluation in religious law in the modern bipolar world in the Muslim states is feasible. The classification of the Islam-dominant state is carried out. Among these states, there are three different state models of religious relations that define the legal status of Islam in these legal systems: Islam is legally recognized as a state religion, and a special place for social policy, formation of legislation, administration and justice is given to shariah; Islam is not formally recognized as an official religion, but the state controls the religious affairs of Muslims, and a private law that applies to Muslims as a whole tends to shariah standards; There is no legally recognized religion of the state; it does not interfere in the affairs of the religion of communities, including Muslims; and at the same time it does not apply to any law on the basis of religion, including shariah. Considered the religious-legal system of Saudi Arabia as a Muslim country. It is determined that the Islamic rule in Saudi Arabia is based on the absolute authority of the monarch and is characterized by the following features of the state-legal system of the country: the supremacy of royal power in society and the state, limited by the spiritual power of the Ulema; the separation of state power from the judicial (which is under the influence and control of the spiritual power of the Ulemas), the executive and the legislative (which is in full control and under the control of the king) the priority of Islamic judgments, based on the supremacy of the Qur'an and Sunna, over the legislation (lower classes and regulations) to the spiritual authority to control the observance of Sharia regulations by all state bodies and subjects; the existence of law-making functions in the spiritual power (in the person of the Ulem Council) the formation of an independent judiciary in accordance with religious-legal requirements for candidates for judicial positions. The author of the article concludes that at the same time, the fundamental dependence of the legal system of Saudi Arabia on Muslim law does not prevent the borrowing of Western-style legislation.
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