Shariat Courts: Modern Practice and Perspectives in Russia

Abstract

The article touches the fundamental principles of shariat judiciary, modern practice of shariat courtsactivity in Muslim and Western countries as well as the perspectives of their establishment and functioningin Russia. The place which shariat courts occupied in the judicial system of the Muslim state duringMiddle Ages is shown. The author analyses in general terms the historical evolution of shariat justiceinstitutions. The differences between modern shariat courts and the same structures which existed inthe preceding historical periods are mentioned. The role played by modern shariat courts in the Muslimcountries depends on the place which Islamic Shariat occupies in their legal systems. Shariat model ofjudiciary was known in the Western countries from the Middle Ages. Nowadays shariat courts are stillfunctioning in some of them. There are two main forms of such courts. The first one embraces unofficialso called shariat courts as religious and social organizations while the second one consists of shariatcourts acting on legal basis and within official legislation. Arbitration tribunals in the UK which applysome concrete shariat norms resolving civil and family disputes are one of the examples of such form.In Russia, shariat institutions of dispute resolution were created in the 19th century. They existed in oneor another form in our country to the end of the 1920s. After that, they existed in fact during decades buttheir decisions did not have any legal force. From the 1990s, shariat courts began to emerge in Russiaas religious or civil structures. Russian legislation provides legal basis for establishing shariat institutionsof dispute resolution in the form of arbitration court or mediation structure. Such institutions canbe an alternative form opposing illegal shariat courts and they could assist securing legal fundamentalsand values within Russian Muslims community.