THE FUNDAMENTAL ASPECTS FOR UNDERSTANDING CONCEPT OF THE RELIGIOUS LEGAL SYSTEM

Abstract

The author considers a number of issues concerning the content component of such a fundamental category of legal science as the legal system, and the variety of its classifications offered within the subject of comparative jurisprudence (legal comparative studies). The article argues that the legal system is a multifaceted phenomenon belonging to the social plane; it is the embodiment of the legal evolution of society; namely, the result of the civilization development of mankind, which is characterized by a dynamic and objective nature. The conclusions of prominent foreign and domestic legal scholars on the content of the concept of “legal system” are considered. In addition, the author explores the general principles of the interaction of law and religion in today’s globalization. Particular attention is paid to the disclosure of the regulatory nature of law and religion, common and distinctive features of legal and religious norms. The article also discusses the main goals of law – the regulation of human relations and practical conflicts, and religion – the provision of guidelines for the functioning of society. The unique place of religious and legal systems on the legal map of the world is determined. In addition, on the example of the current Islamic religious and legal system, the characteristic features of a legal system with a religious dominant are noted: the undeniable divine nature of legal sources and their conservatism, the will of the Almighty is an undoubted authority for the believer; in addition to the above, there is an impossibility of a full-fledged settlement of modern social relations exclusively within religious norms, without resorting to analogies, interpretations, etc. The lively interest in the Islamic religious and legal system (or, as it is sometimes noted in the scientific literature, “Muslim law”) is due primarily to the powerful influence that Islam has on the social life of the faithful and the demographic growth of the Muslim population. The author emphasizes the relevance of the research topic today, as social processes in the socio-cultural space of Europe and the world are rapidly evolving and changing, and it is religion and law that play a decisive role in such reforms.