К ВОПРОСУ ОБ ОСОБЕННОСТЯХ ИСЛАМСКОГО КОНСТИТУЦИОНАЛИЗМА

Abstract

The purpose of the article is to consider the features of Islamic constitutionalism as one of the options for the development of world constitutional and legal thought. Materials and methods. This article is based on the studies of Arab, Russian and foreign legal theorists, allowing to consider the historical path of development of Arab constitutionalism, its characteristic features and development problems. To achieve this goal, the author used a systematic approach to considering the legal aspects of the development of the theory of constitutionalism, as well as the methods of legal retrospection, the comparative legal method, methods of analysis and synthesis, as well as the critical legal method. Results. Based on the analysis of scientific literature, the conclusion is formulated that Muslim constitutionalism can be regarded as one of the main legal doctrines of our time, which substantiates the basic principles of regulating social relations in the Islamic world. The foundation and the main component of the Islamic constitutional doctrine are the religious institutions and precepts of Islam, as well as the moral and legal norms organically connected with it. In contrast to the Western liberal concept, which sees the main meaning of the consolidation of human rights in the protection of the individual from encroachments by the state, in the Arab world, power is viewed as an institution created according to divine laws and playing a major role in the implementation of the principles of social life, which determines the peculiarities of consolidating the fundamental principles of Islam in constitutions. Conclusion. The conclusion is formulated that constitutionalism in its "Arab version" is a multidimensional phenomenon of state and socio-political life, which is based on the idea of the supremacy of the Divine principles of organizing society, enshrined in the sources of Arab constitutional law and which at different stages of development of constitutional statehood acquired various forms and filled with different content.