DEVELOPMENT OF ISLAMIC JURISPRUDENCE: ON THE ISSUE OF JUDICIAL ACTIVITY IN MUSLIM LAW

Abstract: the article is devoted in general to the development of Islamic jurisprudence, which is key for all Arab states and for the subjects of the Russian Federation with a Muslim population majority. The authors pay attention to the problems of understanding and diversity of sources of Muslim law. The authors consider consistently the conceptual foundations of understanding the source of law in relation to Muslim law and analyze the role and significance of the main sources of Muslim law in legal regulation: the Koran, Sunnah, qiyas, and injma. It is said about the Genesis of Islamic jurisprudence – fiqh. Muslim law is seen as part of the Sharia (a system of prescriptions for believers in Allah), which is an essential component of the Islamic religion. The term “fiqh” refers to the history of Muslim law. There is strong evidence that the development of Islamic law was influenced by middle Eastern customs and practices in the field of personal status, as well as commercial customs in the field of commercial law. We came to the conclusion that the development of fiqh was based on social needs and traditions to the extent that it did not contradict the Islamic fundamental principles.

Keywords: Islam, Muslim law, Sharia, fiqh, Quran, Sunnah, kiyas, ijma

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