Novikova R.G. Civilizational Approach as a Methodological Basis of Studying the Islamic Legal System

Abstract: In view of ongoing geopolitical events in the modern world, the development of legal science requires the use of different methodological approaches and principles, among which stands out the civilizational approach. The use of this approach will help to look at the existing diversity of national legal cultures and to reveal the specifics of the national-state formations. Civilization approach emphasizes peculiarities of the Islamic legal culture, the existence of which has fourteen centuries. Taking to consideration the fact that Islam as a religion is inseparable from the law by genetic link, and despite the historically significant changes such as the abolition of the Ottoman Empire in 1924, the classical religious and legal setup of Islam continue to have a significant impact on the legal space of the contemporary Islamic states. An important is the fact that the civilizational approach emphasizes not only the stability of the legal systems, but also reveals the specifics of the Islamic tradition on the background of borrowing by Islamic states of the European experience in the field of legislation. This is clearly manifested in the sphere of legal regulation of financial relations of Islamic countries at the present stage. In this connection, the use of the civilizational approach as a methodological basis of the study of the Islamic legal system has significant relevance in the comparative study of at first sight different civilizations of the West and the East.

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