Influence Of The Islamic Laws On The Constitutional Legal Regulation In The Countries Of The Middle East (On The Example Of Syria And Iraq)

Journal Issue:

Author Information: 

Doctor of Law; Professor; Professor at the Academy of the Prosecutor General's Office of the Russian Federation; Professor of the Department of Judicial Authority, Law-Enforcement and Human Rights Activity at the Peoples' Friendship University of Russia

Abstract: 

In the present article author conducts research and compares certain elements of Islamic Laws with norms of constitutional law having special value in the countries of Middle East. Legal norms and religious dogmas coincide in Islam on the functioning mechanism as standard regulators of life. Features of constitutional legal regulation of the states of Syria and Iraq relationships with religious associations are considered. It is noted that in any Islamic state the conventional principles and norms of international law correspond to the Quran. In the conclusion author outs forward an idea that: law is closely connected with policy, and the legal base is most often formed depending on political ambitions and religious views of the leader or group of leaders influencing policy in this or that country, not an exception is also the sphere of the state and religious associations relationship. When forming relationship with such country as Syria, it is necessary to consider also those facts, for example, that the leader of this country is an alafit and his religious views are closely connected with imamat, i.e. with ideas of the Talib. Note that in Russian Federation the religious organization "Taliban" is defined as extremist and terrorist. Besides, young people from different countries (including Russia) in the desire to improve their religious education go to countries of the Middle East, including Syria in which the number of madrasah increases every year. On the example of Syria in spite of the fact that constitution of this country has a secular focus and leaders put forward the thesis about modernization and good breeding of society, in practice there is a real Islamization of the country and discrimination of other religious beliefs.

Keywords: 

constitutional law, international law, Islamic Law, fiqh, Sunni Islam, Shia Islam, religious extremism, state good standing, proselytism.

REFERENCES: 

[1] Volodina N.V. Deyatelnost islamskoj radikalnoj organizacii «Bratya-musulmane» v arabskix stranax i drugix stranax mira// Pravovaya iniciativa. 2014. № 1.
[2] Gornostaeva L.G., Torgashev G.A. Religiya, moral, pravo: obshhe i osobennoe// Pravovaya iniciativa. 2013. № 5.
[3] Zaluzhnyj A.G. Pravo. Religiya. Zakon. - M.: «Nauchnaya kniga». 2008.
[4] Kazmina O.E., Puchkov P.I. Religioznye organizacii sovremennogo mira M.: Izdatelstvo Moskovskogo universiteta, 2010.
[5] Kicha M.V. Rol i znachenie obychaya v musulmanskoj pravovoj seme // Yuridicheskaya nauka. 2013. № 1.
[6] Mirovye religii o prestuplenii i nakazanii / A.I. Bojko i dr. – M.: RIPOL klassik, 2013.
[7] Politicheskie sistemy sovremennyx gosudarstv. T.2., M.: Aspekt Press, 2012.
[8] Konstitucii gosudarstv Azii. T.2. Srednyaya Aziya i Indostan. M.: Izd-vo Norma, 2010.
[9] Falyax Ismail Xachim Konstitcionnoe pravo stran Blizhnego Vostoka i Severnoj Afriki. M., Biblos kolsalting, 2009.
[10] Empire: The Emerging Geopolitical of Central Asia / Ed. By J.C. Snyder. Wash., 1995.
[11] Py, Lucian, Pye Michael. Asian Power and Politics, 1985.