Formation of Islamic concept of state - Реферат

Abstract work FORMATION OF ISLAMIC CONCEPT OF STATE I. The general stating of the question In the modern epoch within the framework of the civilized interaction of one of the most important elements of this process is the Islamic civilization and generated by its Islamic law and state. Study of the given phenomenon, explaining the dynamics of development of Islamic civilizations, does not lose its urgency. This problem is considered important by many researchers of the Islamic law. According to the known researcher of Islamic law B. Louise if we want at least somehow to understand what happened in Moslem world in the past and what is happening at present, we should recognize that religious factor is general and central element in the life of Moslem people. Unlike other most important world religions, Islam from the times of its founder was identified with the state, and confidence in unity of the state and religion firmly fell into memory and consciousness of Moslem people from their Holy Scripture, history and experience. Besides, for Moslem people religion traditionally forms the basis of their identity and loyalty [1]. II. Forming of Islamic state In background sources of Islam law, first of all, in Koran and Sunni, there is not ordered any special form of state. The Islam right has not developed its own constitutional theory; however, any form of Islam state should completely correspond to clear requirements of the Islamic law. On this background it is possible to confirm that the Islamic law has overstate nature and fixes the fundamentals of the state system, principles of organization and activity of the state mechanism. The brightest example of the entailment of Islamic concepts of the state can be the medin state, created by Prophet Muhammad in the year 622 and developed under ruling of his four successors. It had the specific organization, which had to be preserved after the death of the Prophet with all necessary modifications, connected with cessation of the Divine revelation. In accordance with this standpoint, the ruler of the Islamic commune after Prophet started to name the caliph, i. e. the envoy of the Allah. The great influence of the theology direction on Islamic legal system reveals itself in the notion of the state indissolubly connected with the idea of caliphate - an ideal form of organizations of Islamic commune in accordance with precept of the Prophet Muhammad, stated in Koran, as well as in accordance with legends about his life and activity (Sunni). According to the teaching of Prophet Muhammad, the idea of creation of such state was given to him by Allah himself. He concentrated the supreme legislative, executive, judicial, checking power, making decisions usually after discussion with the most authoritative Moslems. According to 3:159 of the Koran, the ruler had softly and meekly to address the believers, to consult with them on public questions, but, on making the decision, to conduct it in life, hoping on Allah [2]. Gradually the nearest relatives and associates of Muhammad consolidated in the privileged group, having obtained the exclusive right to power. Out of them after the death of Muhammad they started to select the new individual chieftains of Moslems - caliph. The first four caliphs, so called righteous caliphs (Abu-Bakr, Omar ibn al - Hattab, Osman ibn Affan, Ali ibn Abu Talib), have done much for formation and spreading of Islam and have terminated the political Unity of Arabia [3]. According to Fazluri Rahman, during the rule of the first four caliphs, there was no great difference between the state and Islamic umma since many successors of Prophet lived there; particularly this pertains to the senior of them, who were advisors and controllers and took the direct participation in state government and law making. On this stage of the development of the Islamic statehood it is difficult to delimit and even distinguish the right and administrative management. Only conditionally, it is possible to give law making functions to caliphs of that period, since laws were created together with the by whole commune or by its seniors [4]. We can speak about two periods in the history of the Arabic caliphate: the damask period, or the period of ruling of dynasties Omeyyad (661-750), and the Baghdad period, or the period of the ruling of the dynasties of Abbasid (750-1258), which correspond to the main periods of the development of Arabic medieval society, and accordingly, state and law [5]. For the epoches of the Omeyyads and the Abbasids it was typical consolidation, as a result of which disembodied groups of the population formed the Islamic united integer. The essence of the conducted policy of Islamic was in taking the new norms and adaptation to them of pre-Islamic norms and institutes of both Arabic, non Arabic parts of Islamic population. During the period of ruling of dynasty of Omeyyad caliphate began to take the mundane nature. In the course of development of the Islam