L Syukiyaynen

General Principles of Fiqh as Reflection of Juridical Features of Islamic Law

2018. No. 3. P. 50–80 [issue contents]
The prevailing in Russian legal science view understands Islamic law as synonymous withSharia which is a system of prepositions of Quran and Sunna that is the mode of life ofProphet Muhammad fixed in so called hadiths (sayings) of his fellows. Being reducedto Sharia Islamic law is approached to as complex of different social norms in which legalrules are not separated in principle from religious commands. However, an in-depthanalysis enables us to conclude that on the basis of normative part of Sharia Islamic lawas a legal phenomenon emerged. It was Fiqh that played a key role in this process. TheIslamic thought understands Fiqh as a science dealing with Sharia rules of human behaviortogether with these norms themselves. Within such prescriptions there are suchrules which meet juridical criteria and therefore may be recognized as norms of Islamiclaw in scientific meaning of the term. Fiqh was not limited by elaboration of particular andseparate norms of legal character but it succeeded in formulation of detailed system ofits general principles. They are the main argument for the benefit of existing of Islamiclaw as legal phenomenon in proper sense. The modern Islamic thought puts forward differentclassifications of the general principles of Fiqh. The most appropriate one is thatwhich distinguishes a few groups of such principles devoted to concrete themes. Each ofthese groups has its core including a key independent principle. Most of these principlesare a concentrated manifestation of legal nature of Islamic law. Their emergence is theremarkable contribution of Fiqh understood as a legal doctrine in the development of IslamicLaw as well as in the world legal culture. These principles are legal by their contentsand do not bear direct religious features on themselves. They determine legal nature ofIslamic law which is a juridical phenomenon because of the mentioned principles and notfor being based on religious revelation. That is the principles of Fiqh which let Islamic lawto cooperate with other legal cultures on the basis of many joint juridical characteristicsshared by them.
Citation: Syukiyaynen L. (2018) Obshchie printsipy fikkha kak otrazhenie yuridicheskikh osobennostey islamskogo prava [General Principles of Fiqh as Reflection of Juridical Features of Islamic Law]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 50-80 (in Russian)
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