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

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

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Islamic law

Islamic law was closely related to religion. The main source of law was Koran is the holy book of Muslims. Its author is Muhammad, who is recognized as a prophet-legislator - Sharia. Accordingly, Islamic law was called "Sharia". There were additions to the Koran, which were collections of legends about the judicial decisions of Muhammad and interpretations of authoritative Muslim jurists.

According to Islamic law, there were the following lines of human behavior:

1) mandatory;

2) recommended;

3) indifferent;

4) condemned;

5) prohibited.

It should be noted that the system of obligations of Islamic law is distinguished by great thoughtfulness and quite clear regulation for that time.

Obligations from the contract fall into two groups:

1) contracts of exchange, loan, lease of property, purchase and sale;

2) partnership agreements, luggage, assignments.

A characteristic feature of Islamic law is the rule according to which the risk of accidental loss of the thing lies with the seller, as well as in a relatively simplified procedure for terminating the contract (if the purchased thing is defective, if the buyer, having completed the transaction without seeing the thing, considers that it does not suit him, etc.). Concerning family relations, then Muslim law proceeds from the unconditional predominance of the rights of a man over a woman. Sharia allows a man to have four legal wives and an unlimited number of concubines. Consent to marriage was not required from a woman. She did not participate in the conclusion of the marriage contract. When she got married, she passed into the power of her husband, had to avoid meeting strangers, not appear in public places, etc. The husband could resort to corporal punishment of his wife. Divorce under Islamic law is relatively easy to implement, but not on the part of a woman. Islamic inheritance law is highly developed. The testator has the right to dispose of no more than one third of the property at his own discretion. A distinctive feature of Muslim inheritance law is that only the rights, but not the obligations of the testator, pass to the heirs, only the property that remains minus all payments due on the debts of the deceased.

Criminal law. According to the nature of liability, all crimes can be divided into two types:

1) those for which the guilty person must answer with his body or his life (this includes theft and robbery (which entails cutting off a hand), adultery of a wife, murder in robbery (punishable by death), etc .;

2) those that he can atone for by paying a fine - murder (intentional and reckless), cases of injury and injury.

Recognizing blood feud, Sharia allows the relatives of the murdered to avenge the crime on the basis of the talion principle. However, they can also forgive the murderer if the latter or his relatives agree to pay the appropriate ransom. Judicial functions in the countries of the caliphate were performed qadii. They were appointed by the caliph or his local representatives from among those who met the necessary conditions common to a class society. In addition to judicial functions, they were entrusted with many others, including supervision of the distribution of inheritance, the marriage of women who did not have guardians, the establishment of guardianship, etc. Sharia does not know procedural law as such. Qadi was not bound by any sort of definite order of legal proceedings. The Muslim process does not know the prosecutor and the lawyer. Written records did not exist, as well as court deadlines, with the exception of one thing: no matter how difficult the case was, the qadi had to solve it in one day.

Author: Selyanin A.V.

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