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History of state and law of foreign countries. Arab Caliphate (most important)

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Arab Caliphate

The emergence of the Arab caliphate falls on a period when social relations in Arabia in VI-VII centuries. (on the eve of the Mohammedan (Islamist) reformation) were very complex. At this stage of history, primitive communal relations dominated most of the country.

They were clearly manifested in the following aspects of public life:

1) family ties of members of the society;

2) blood feud;

3) in common ownership of land, etc.

In this case it is noted:

1) allocation and strengthening of the tribal nobility;

2) trade and usury are spreading;

3) the emergence of fairly large cities.

The peasant population, living in rural communities, like the bulk of pastoral tribes, opposed the transfer of land into private ownership, stood on the positions of social equality. In this situation, a doctrine is spreading that in a religious form proclaimed the injustice of the concentration of power in the hands of the tribal nobility, recognized the equality of free people bound by a new religion (regardless of tribal affiliation), and predicted a way out of the social crisis through conquests carried out under the flag of a religious war . The new religion - Islam - attracted to itself also by the fact that it limited the taxation of the population to a relatively small contribution in the amount of one fortieth of real estate. Another characteristic feature of this religion is its penetration, penetrating almost all spheres of public and state life. Muhammad became the prophet of Islam. With the transformation of Islam into the dominant religion, Muhammad became the de facto head of all Arabia, and his relatives and closest associates stood out as a special privileged stratum of Arab society. The formed religious beliefs formed the basis of Muslim law.

The main sources of Islamic law are:

1) sunnah (supplementing the Koran);

2) fatwa (a collection of statements by authoritative commentators on Islamic law);

3) decrees of the caliphs.

If necessary, it was allowed to issue verdicts on the basis of adata (customs), which are one of the sources of existing Islamic law. The close connection between law and religion meant that the believer, wherever he was, must follow Muslim laws and customs. It should be noted that from the first half of the XNUMXth c. united Arabia moves on to mass conquest. Using the weakening of their closest neighbors - Byzantium and Iran, the Arabs capture Palestine, Syria, Egypt, conquer Iran, extend their power to North Africa and southern Spain, the Transcaucasus and Central Asia. A huge Arab power is formed, known as Arab Caliphate. The city became its center Baghdad. A significant mass of the Arabian population moved to the new lands. The Arab nobility, without breaking with slavery, began to quickly switch to a feudal way, acquiring estates and serfs. Most of the conquered lands were turned into state property. The peasants who sat on it were obliged to pay the land tax as hereditary tenants. The spiritual and secular head of state was Caliph. The combination of the highest secular and ecclesiastical authorities in one person is an important feature of the caliphate, giving it the character of a feudal-theocratic state. Among the highest officials of the state, the first place belonged to the vizier. So-called office sofas are becoming important. The regions were headed by emirs appointed by the caliph. With the beginning of the feudal disintegration of the caliphate, many of them turned into independent feudal rulers. The villages and cities were headed by sheikhs appointed by the government.

Author: Selyanin A.V.

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