Home Horoscope for tomorrow Education education during the reign of the Arabs. Chapter VII. Arabia at the beginning of the 7th century. Arab conquests and the Arab caliphate (7th-10th centuries). Local Government

Horoscope for tomorrow

Education education during the reign of the Arabs. Chapter VII. Arabia at the beginning of the 7th century. Arab conquests and the Arab caliphate (7th-10th centuries). Local Government

Arab statehood originated in the Arabian Peninsula. By the VI century. the process of feudalization in Arabia began to cover all more areas; this process affected primarily those regions where agriculture was developed. In the same places where nomadic pastoralism dominated, tribal relations prevailed. The Arab tribes that inhabited the Arabian Peninsula were divided into South Arab (Yemeni) and North Arab.

Special mention should be made of the previous history of Yemen, which dates back to the 1st millennium BC. e. The last slave-owning state in Yemen was the Himyarite kingdom, which arose in the 2nd century BC. BC e., ceased to exist at the end of the first quarter of the VI century. The basis of the economy here was agriculture, associated with the presence of abundant water sources. The population was divided into noble (know), merchants, free farmers, free artisans and slaves. The earlier development of Yemen compared to the rest of Arabia was stimulated by the intermediary role that it played in the trade of Egypt, Palestine and Syria, and from the 2nd century. n. e. and the entire Mediterranean with Ethiopia (Abyssinia) and India.

In the west of Arabia, Mecca was located - an important transshipment point on the caravan route from Yemen to Syria, which flourished due to transit trade. Other major city Arabia was Medina (Yathrib), which was the center of an agricultural oasis, but a certain number of merchants and artisans also lived here.

By the beginning of the 7th century most of the Arabs who lived in the central and northern regions remained nomads (Bedouins-steppes); in this part of Arabia there was an intensive process of decomposition of the tribal system and early feudal relations began to take shape. The slave-owning society of Yemen experienced in the VI century. acute crisis.

The pre-Islamic Arab religion was based on polytheism. There was also an idea of the supreme deity, which was called Allah (Arabic al-ilah).

The decay of the tribal system and the emergence of feudal relations led to the decline of the old religious ideology. Arab trade with neighboring countries contributed to the penetration of Christianity into Arabia (from Syria and Ethiopia, where Christianity was established in the 4th century) and Judaism. In the VI century. in Arabia, a movement of Hanifs appeared, recognizing a single god and borrowing from Christianity and Judaism some beliefs common to these two religions. This movement was directed against tribal and urban cults for the creation of a religion that recognizes the one god Allah. The new doctrine arose in those centers of Arabia where feudal relations were more developed - primarily in Yemen and the city of Yathrib, Mecca was also captured by the Movement, where one of the most prominent representatives was the merchant Mohammed, who was the founder of a new religion - Islam (the word "Islam" means submission to the will of Allah). In Mecca, the new teaching met with opposition from the nobility, so Muhammad and his followers were forced to flee to the city of Yathrib in 622. From this year Muslim chronology is conducted. The city of Yathrib was named Medina, that is, the city of the Prophet (they began to call Muhammad the Prophet); a Muslim community was founded here as a religious-military organization, which soon turned into a political force and became the center of the unification of Arabia into a single state, Islam, with its preaching of the brotherhood of all Muslims, regardless of tribal division, was accepted primarily by the common people, who had long lost faith in the power of tribal gods, who did not protect them from bloody tribal massacres, disasters and devastation.

At first, the nobility (primarily the Meccan) was hostile to Islam, but later changed its attitude towards the Muslims, seeing that the political unification of Arabia under their leadership was also in the interests of the rich - Islam recognized slavery and protected private property. In 630, the opposing forces reached an agreement, according to which Muhammad was recognized as the Prophet and head of Arabia, and Islam - new religion. Soon, representatives of the tribal and trading nobility became part of the highest hierarchy of Muslims.

By the end of 630, a significant part of Arabia recognized the authority of Muhammad, which meant the formation of an Arab state (caliphate). Thus, conditions were created for the unification of settled and nomadic Arab tribes into a single people with a single Arabic language.

The history of the Arab state can be divided into three periods according to the name of the ruling dynasties or the location of the capital: The Meccan period (622-661) is the time of the reign of Muhammad and his close associates; Damascus (661 - 750) - the reign of the Umayyads; Baghdad (750-1055) - the reign of the Abbasid dynasty.

After the death of Muhammad in 632, a system of government is established caliphs(Deputies of the Prophet). The first caliphs were companions of the Prophet; under them began extensive conquests. By 640 the Arabs had conquered almost all of Palestine and Syria; but many cities (Antioch, Damascus, etc.) surrendered to the conquerors only on the condition of preserving personal freedom, freedom for Christians and Jews, their religion. Soon the Arabs conquered Egypt and Iran. As a result of these and further conquests, a huge feudal state was created. Further feudalization, accompanied by the growth of the power of large feudal lords in their possessions, led to the disintegration of this relatively centralized state, which began already at the end of the 8th century.

The governors of the caliphs - the emirs are gradually achieving independence from the central government and are turning into sovereign rulers.

Many conquered countries are liberated from the rule of the caliphs. By the middle of the X century. the political disintegration of the Caliphate, weakened as a result of the growth of feudal fragmentation, the liberation struggle of the countries of the Near East and Central Asia, and the uprisings of the masses, ended. The ruling Bund dynasty in Western Iran in 945 captured Iraq along with Baghdad, depriving the caliph secular power and retaining only spiritual power for him.

The Caliphate of Baghdad was finally conquered by the Seljuk Turks in the middle of the 11th century.

Social system. The feudal lords, headed by the caliph, constituted the ruling class; most of all towered numerous relatives of the caliphs, tribal leaders, major dignitaries, senior military officials, the top of the spiritual hierarchy, the local nobility. A feature of the Arab feudal system was that there was no clear class division as in European countries; more attention was paid to the differences between Muslims and non-Muslims. For example, Jews and Christians were forbidden to marry Muslims; they could not have Muslim slaves; wore a special dress.

It should be noted that in the VII-VIII centuries. slaveholding relations were still very strong in the Caliphate, which affected the slow development of feudalism in most of Arabia; while, for example, in Egypt, Iraq, Syria, feudalism practically reigned supreme.

The peasantry was divided into many ethnic groups; Muslim Arabs had a number of privileges; so, for example, they were exempted from certain taxes. The position of the conquered peasantry was very difficult: taxes, in-kind and cash requisitions grew; various duties increased; in some areas, peasants began to be attached to the land.

Most of the land fund and irrigation facilities in the main areas of the Caliphate were the property of the Caliphate. A smaller part of the land fund was lands that were privately owned (mulk). A form of conditional feudal land ownership began to develop rapidly - iqta (allotment), which was given for life or temporary holding to service people.

Appeared in the Caliphate and land holdings of Muslim religious institutions - inalienable waqfs. The lands of the Caliph nobility, waqf and iqta were exempted from taxation.

The position of the peasants on the lands of the state and on the lands of the feudal lords was extremely difficult. The land tax (kharaj) was levied either in kind - in the form of a share of the harvest, or in money - in the form of constant payments from a certain land area, regardless of the size of the harvested crop.

Cities played an important role in the life of the Caliphate; in the country there was an intensive process of separation of handicrafts from agriculture and the development of the feudal city as a center of commodity production. It is necessary to note the growth of technology of textile, ceramic, perfumery and paper crafts, as well as metal processing. Trade turnover expanded more and more, caravan trade increased, not only internal, but also external - with India, China, with the countries of Eastern Europe, including Russia (since the 9th century), and with the countries of the Mediterranean coast. In this regard, the credit system was developed, the use of checks and exchange operations with money changers.

Among the townspeople were rich merchants, artisans, small traders, day laborers. The cities were interested in maintaining stable economic ties between individual regions of the country.

Political system. The caliphate was a feudal-theocratic, centralized state headed by the caliph - the successor of the Prophet (representative of Allah on earth). The power of the caliph was practically oriental despotism, he is the supreme owner of the land, the head of state, possessing all the fullness of secular and spiritual power. Basically, his power was hereditary, he enjoyed the right to appoint his successor. In practice, only a few caliphs from the Umayyad dynasty had unlimited, autocratic power. So, in connection with the collapse of the Caliphate in the 9th century. the former Arab tribal militias have lost their significance; therefore, a hired horse guard of Turkic origin appears. This guard (Mamluks) soon acquired decisive power in the country and began to overthrow some caliphs and enthrone others; since the 60s of the ninth century. Caliphs became practically hostages in the hands of their own guards.

The system of governing bodies of the caliphate under the Abbasids was strongly influenced by the state mechanism of Iran. The vizier became the deputy caliph and the second person in the state, who led the following departments (divans): finance, troops, land accounting, organization of irrigation works, internal affairs, officials. The Caliphate also had a staff of dignitaries who supervised other officials of the Caliphate and were in charge of the property of the Caliph; led the police; controlled the head of the bodyguards; they were in charge of the post office (his functions included, for example, collecting information for the caliph about the state of agriculture, about the harvest, about collecting taxes, about the mood of the local population, and about the activities of the administration).

The territory of the Caliphate was divided into provinces, usually corresponding to the conquered states and regions. They were ruled, as a rule, by the governors of the caliph - the emirs, who were in charge of the armed forces and the local apparatus of administrative and financial management. Smaller administrative-territorial divisions were governed mainly on the basis of customs. Officials at the head of cities and villages had different names. In Arabia, they were called foremen-sheikhs.

As already mentioned, at the end of the 8th century. decentralization was outlined in the development of the Caliphate. The desire of large feudal lords for political independence led to the formation of local hereditary emirates, which gradually turned into independent states. This is how the Emirate of Cordoba appeared in Spain, in 788 a state independent of the Baghdad caliph was formed in Morocco, in the period from 800 to 909 independent states were formed in Tunisia and Algeria; in the ninth century Egypt also became an independent state, local feudal statehood was revived in Azerbaijan, Armenia, Georgia, and Central Asia. After that, the caliph retained his power only over part of Mesopotamia and Arabia.

The decomposition of the tribal system with the emergence of tribal unions headed by sheikhs (seids) took place among the Arabs in the 6th-7th centuries. People's assemblies and councils of elders (mejlis) appeared.

The formation of a unified statehood capable of ensuring internal order and security of caravan routes objectively required a new ideological basis, which was associated with overcoming pagan polytheism and the creation of a monotheistic religion - Islam, which first arose as a political movement, led by Muhammad Ahmed ibn Abdallah.

Having established his power in Medina, becoming its spiritual and military leader, as well as the supreme judge, Muhammad accumulated enough strength to take over Mecca. In 631, she was subjugated, but Muhammad did not accept the monarchy. Moreover, being at the height of his power, Muhammad during the hajj (pilgrimage) to Medina, three months before his death, announced the completion of the mission of the prophet assigned to him by Allah.

After the death of Muhammad in 632, power passed to his companions - the caliphs. Under the first four caliphs, the final political unification of Arabia took place. In the VII - the first half of the VIII century. the forcible annexation of the territories of neighboring states and peoples begins. The objects of military expansion were Palestine, Syria, Upper Mesopotamia, and Egypt. Even more intensive expansionist activity was under the Umayyad dynasty. The victims of their aggressive policy were the former Byzantine and Persian possessions, vast territories of Central Asia, Transcaucasia, North Africa, Spain, etc. Only the defeat inflicted on them in 732 by the knights under the command of Charles Martel stopped their further penetration into Europe.

So there was a huge empire in size - the Arab Caliphate, the history of which is usually divided into two periods:

the reign of the Umayyad dynasty (Damascus) - from 661 to 750;
Abbasid (Baghdadi) dynasty, named after Abbas, Muhammad's uncle, from 750 to 1258

Social structure of the Arab Caliphate

The development of the Arab Caliphate was typical of the medieval societies of the East. The land was in the hands of the state. One part of these lands became the property of the caliph and members of his family, taxes from this land replenished the treasury. The other part was distributed to the soldiers who distinguished themselves in the defense of Islam, as a mulk, the owner of which was the owner of the land and could carry out any actions with it. For service, the state and large landowners could endow their vassals with the so-called iqta (land allotment with peasants).

The church was a major landowner. The lands and property belonging to her were not taxed and were inalienable.

The bulk of the community members were free peasants, who, like other wealthy social strata of the population, pay zakiyat (a tax in favor of the disadvantaged, including slaves). Part of the proceeds from the tax went to the military.

Slavery was quite widespread in the Caliphate, but was of a patriarchal nature. Mostly prisoners of war became slaves, Muslims rarely turned into slaves for debts. With the permission of the owner, the slave could have a family, his own business, own property, which was considered the property of the owner. The Koran did not forbid slavery, but welcomed the release of a slave to freedom. The Sunna considered the act of freeing a slave to be an important blessing for a Muslim.

In the early stages of its formation, Islam was distinguished by a certain tolerance towards other religious cults. As expansion intensifies, this situation changes. Non-Muslims (dhimmis) found themselves in an unequal position when using the norms of Islamic law. Marriages of Muslims with representatives of other faiths were forbidden, dhimmis were required to wear clothes different from Arabs, pay a heavier and arbitrarily established land tax, pay a poll tax, supply the Arab army, etc.

The Arab nobility preferred to settle in cities that were not only administrative centers, but also centers of trade, cultural life. City merchants and artisans were united in nisfas, corresponding to European workshops. They had legal independence, they chose their boss, but their life and activities were supervised by a special government official (maskhab), who monitored the method and quality of manufactured products, prices, and the system of weights and measures.

State structure of the Arab Caliphate

Precepts for believers - Sharia (the path of following) consists of two parts:

principles of faith (aqid);
proper legal requirements (fiqh).

Fiqh, or Islamic law, indicates how the faithful should behave towards their fellows and towards Allah.

The main sources of Sharia are the Koran (the holy book, which includes the sayings of Allah, addressed to the last of his prophets, Magomed), Sunnah (a collection of traditional rules based on the actions and sayings of Mohammed), Ijma (sayings of the largest Islamic scholars, specifying the provisions of the Koran), Qiyas (interpretations of the Koran and the Sunnah, which are legally binding).

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Arab Caliphate, features, stages of development, social and political system, law

Introduction
1. Features, stages of development, social and political system of the Arab Caliphate
2. Law of the Arab Caliphate
Conclusion
List of used literature

Introduction

The history of the Caliphate is rich in events in any sphere of human activity, including culture, science, and technology.

The ideology of the Caliphate was Islam, the doctrine and cult of which every year was developed in more detail. Caliphs represented both the highest spiritual authority - the imamate, and secular, including the political and military emirate. Under their rule, the Koran began to be collected and compiled in Medina.

One of the brightest and most prosperous countries in the Mediterranean, throughout the Middle Ages, along with Byzantium, was the Arab Caliphate, created by the Prophet Muhammad and his successors. In Asia, as in Europe, military-bureaucratic and military-feudal state formations appeared episodically, as a rule, as a result of military conquests and annexations. This is how the Mughal empire appeared in India, the empire of the Tang dynasty in China, etc. A strong integrating role fell Christian religion in Europe, Buddhist in the states of Southeast Asia, Islamic in the Arabian Peninsula.

The Arabian Peninsula, where the first Islamic state arose, is located between Iran and Northeast Africa. During the time of the Prophet Muhammad, it was sparsely populated. The Arabs were then a nomadic people and, with the help of camels and other pack animals, provided trade and caravan links between India and Syria, and then North African and European countries. The Arab tribes were also concerned about ensuring the safety of trade routes with oriental spices and handicrafts, and this circumstance served as a favorable factor in the formation of the Arab state.

1. Features, stages of development, social and political system of the Arab Caliphate

The caliphate as a medieval state was formed as a result of the unification of Arab tribes, the center of settlement of which was the Arabian Peninsula.

A characteristic feature of the emergence of statehood among the Arabs in the VII century. there was a religious coloring of this process, which was accompanied by the formation of a new world religion - Islam. The political movement for the unification of the tribes under the slogans of rejecting paganism and polytheism, which objectively reflected the tendencies of the emergence of a new system, was called "Hanif".

The search by Hanif preachers for a new truth and a new god, which took place under the strong influence of Judaism and Christianity, is associated primarily with the name of Muhammad. Mohammed (circa 570-632), a shepherd who became rich as a result of a successful marriage, an orphan from Mecca, on whom “revelations descended”, then recorded in the Koran, proclaimed the need to establish the cult of a single god - Allah (Islam in Arabic means “surrendering oneself” to God) and a new public order, excluding tribal strife. The head of the Arabs was supposed to be a prophet - "the messenger of Allah on earth."

Calls of early Islam for social justice (limiting usury, establishing alms for the poor, freeing slaves, honesty in trade) displeased the tribal merchant nobility with the “revelations” of Muhammad, which forced him to flee with a group of his closest associates in 622 from Mecca to Yathrib (later Medina, the “city of the Prophet”). Here he managed to enlist the support of various social groups, including the Bedouin nomads. The first mosque was erected here, the order of Muslim worship was determined.

Muhammad argued that the Islamic teaching does not contradict the two previously widespread monotheistic religions - Judaism and Christianity, but only confirms and clarifies them. However, already at that time it became clear that Islam contains something new. His rigidity, and sometimes even fanatical intolerance, was quite clearly manifested in certain issues, especially in matters of power and the right to power. According to the doctrine of Islam, religious power is inseparable from secular power and is the basis of the latter, in connection with which Islam demanded equally unconditional obedience to God, the prophet and "those who have power."

For ten years, in the 20-30s. 7th century the organizational restructuring of the Muslim community in Medina into a state entity was completed. Mohammed himself was in it a spiritual, military leader and judge. With the help of the new religion and military detachments of the community, a struggle began with the opponents of the new socio-political structure.

The closest relatives and associates of Mohammed gradually consolidated into a privileged group that received the exclusive right to power. From its ranks, after the death of the prophet, they began to choose new sole leaders of Muslims - caliphs (“deputies of the prophet” - some groups of Islamic tribal nobility formed an opposition group of Shiites, which recognized the right to power only by inheritance and only for the descendants (and not associates) of the prophet). The first four caliphs, the so-called "righteous" caliphs, suppressed dissatisfaction with Islam among certain sections and completed the political unification of Arabia. In the VII - the first half of the VIII century. Huge territories were conquered from the former Byzantine and Persian possessions, including the Middle East, Central Asia, Transcaucasia, North Africa and Spain. The Arab army also entered the territory of France, but was defeated by the knights of Charles Martel at the Battle of Poitiers in 732.

In the 7th century, among the Arab tribes settled in the Arabian Peninsula, the decomposition of the tribal system began, property and social differentiation intensified. The heads of the tribes (sheikhs), tribal elders (saids) seize oases (the best lands), rich merchants-usurers appear in the cities. The divisions between the tribes are growing. In this situation of social crisis, a new religious doctrine- Islam, proclaiming the need to establish a new order through a religious war (hajj). Islam received significant support among ordinary people, and soon among representatives of tribal and trading families, who realized that the new teaching did not at all contradict their interests. By the middle of the 7th century, Arabia was unified under the banner of a new religion. By seizing new lands from weaker neighbors (Byzantium, Iran, Syria, Egypt), conquering North Africa, southern Spain, Cf. Asia formed a huge power - the Arab Caliphate with its center in Baghdad.

The emergence of statehood among the Arabs was accompanied by the formation of a new religion - Islam - associated with the name of Muhammad (died in 632). The core of the Arab Caliphate was created by Muhammad at the beginning of the 7th century. in Western Arabia, the Muslim community (ummah). Its organizational design was completed by the 20s - 30s. 7th century In 630 - 631 years. Muslims under the leadership of Muhammad subjugated Mecca, and then a significant part of other regions of Arabia.

As a result of the Arab conquests, the Caliphate turned into a huge theocratic Muslim state, which included Tunisia, Morocco, Egypt, Iran, Iraq and many other regions of Arabia, in which feudal relations dominated while maintaining strong slave-owning and patriarchal structures. The history of this state is usually divided into the following periods:

The period of the reign of the Umayyad dynasty (Damascus) - from 661 to 750;

The period of the Abbasid dynasty (Baghdad) - from 750 to 1258.

Muhammad's sermon was a reaction to the crisis that gripped the Arab society, caused by the beginning of the formation of early feudal relations, the decomposition of the tribal community, the undermining of the corresponding religious beliefs. All Arabs were called upon to form a single nationality, regardless of tribal origin. The Muslim community, which was both a political organization and a religious corporation, was united by a single faith, and not by blood ties.

The preaching of strict monotheism and the universality of the new faith, closely associated with it, proclaiming the equality of all its followers, regardless of their origin and tribal affiliation, found a favorable response from those representatives of society who sought to centralize and exalt Arabia. First of all, these were the middle and poor strata of the population. Soon, the old tribal and merchant nobility joined the new, Muslim ruling elite, convinced that the new religion did not threaten their interests.

Islam in its very infancy was already a synthesis of religion, political norms and law, in which religion acted as a unifying and determining factor. The combination of secular and religious spheres in a theological shell, the identification of morality and law made Islam a comprehensive, total system that claims to satisfy all spiritual needs and, on this basis, requires unconditional devotion from a person (the word "Islam" in Arabic means "devotion", "submission") and recognition of the right to control all aspects of his life. The religious-elitist ideal of Islam (social justice, limitation of usury, emancipation of slaves) contributed to the need to unite the various ethnic, racial, cultural groups inhabiting the Caliphate into a single political and ideological organism.

The social system in the Muslim Empire was distinguished by the following characteristic features:

l dominance of state ownership of land;

l widespread use of slave labor in the state economy;

ь state exploitation of the peasants through rent - a tax in favor of the ruling elite;

l religious-state regulation of all spheres of public life;

ь the absence of clearly defined class groups, the special status of cities, any freedoms and privileges.

Muslims had a higher legal status than dhimmis (non-Muslims). Although initially the inhabitants of the conquered countries retained self-government, their own language and their own courts, however, over time, their civil rights were significantly limited: their relations with Muslims were regulated by Muslim law, they could not marry Muslims, they had to wear clothes that distinguish them, supply the Arab army with food, pay land and soul tax (kharaj).

Initially, Muhammad became the head of the new Islamic state, combining in his person the functions of a religious and political leader: the secular and spiritual head of the ummah, a preacher, legislator, and supreme commander. The source of Muhammad's power was not tribal tradition, but the absolute religious prerogative that God (Allah) endowed him with as his prophet-messenger.

After the death of Muhammad (632), from among his closest relatives and associates, who by that time had consolidated into a privileged group, they began to choose new individual leaders of Muslims - caliphs. The caliphs were considered the deputies of Muhammad, and starting from the Umayyads, the deputies of Allah himself on earth. They owned the highest power - spiritual (imamat) and secular (emirate), indivisible and unlimited. The state took the form of a centralized theocratic monarchy.

The chief adviser and the highest official under the caliph was the vizier (vizier). In the early Caliphate, the viziers had limited powers and only carried out the orders of the caliph; they became important dignitaries later, under the Umayyads.

The central organs of state administration in the Muslim empire were special departments. Under the Umayyads and Abbasids, they began to be called sofas (under the first successor of Muhammad Omar, who ruled in 634-644, the word "divan" meant a list of income distribution by states, as well as the place where these lists were stored). These government offices included:

o military sofa - sofa-al-jund, who was in charge of equipping and arming the troops;

o divan of internal affairs - divan-al-kharaj, tax and financial department;

o postal divan - divan-al-barid, which, in addition to its main functions (delivery of mail, construction and repair of roads, caravanserais and wells), also performed the functions of the secret police.

Local government was exercised through emirs (in Arabic "ruler", "prince"), governors who ruled the provinces into which the territory of the Caliphate was divided. The provinces and regions were headed by the emirs appointed by the caliph, and the sheikhs were at the head of cities and settlements. The emirs were responsible only to the caliph and headed the local armed forces, as well as the local administrative, financial and police apparatus. Emirs had deputies - naibs. Small administrative divisions (cities, villages) were ruled by officials of various ranks and titles. Often these functions were assigned to the leaders of local Muslim religious communities - elders (sheikhs).

By the 11th century factors such as different levels economic development of the countries that were part of the Caliphate, the weakness of economic ties between the regions of the Caliphate, popular liberation and anti-feudal uprisings, the concentration of land ownership in the hands of the military and landowning feudal nobility, the struggle within the class of feudal lords, led to the collapse of a single state and led to the emergence of virtually independent feudal states. At the beginning of the ninth century the Emirate of Cordoba separated in Spain, then Tunisia and Morocco, and in the middle of the same century - Egypt. The caliph retained his power over parts of Mesopotamia and Arabia.

The Eastern Caliphate was destroyed by the Mongol conquerors in the 13th century. In the western part of the Caliphate, the spiritual power of the caliph was preserved until the beginning of the 16th century.

caliphate muslim state law

2. Law of the Arab Caliphate

Simultaneously with the emergence of the Caliphate, its law was formed - Sharia (translated from the Arabic "Sharia" - the proper path). Law was originally formed as the most important part of religion. His main sources were:

The Quran is the main holy book of Islam. The prescriptions contained in it are in the nature of religious and moral guidelines.

Sunnah - collections of legends (hadith) about the actions and sayings of Muhammad, set out by his companions. To a large extent, they contain prescriptions regarding family-inheritance and judicial law. Subsequently, the attitude towards this source in the Muslim world became ambiguous: Shia Muslims do not recognize all hadiths.

Ijma - decisions made by authoritative Muslim jurists on issues not covered in the sources mentioned above. Subsequently, these decisions were recognized by prominent jurists and theologians. It is believed that Muhammad, under these conditions, encouraged the free discretion of judges (ijti-had). According to legend, Muhammad said: "If the judge ruled at his own discretion and turned out to be right, then he should be rewarded twice, and if he judged at his own discretion and made a mistake, then he is entitled to a one-time reward."

Fatwa - a written opinion of the highest religious authorities on the decisions of secular authorities regarding certain issues of public life.

In the future, as Islam spread, other sources of law appeared - decrees and orders of the caliphs, local customs that did not contradict Islam, and some others. Accordingly, law became differentiated, and legal norms were determined in a given region by the direction of Islam that dominated there, as well as by the level of development. public relations. But at the same time, there has been a tendency towards a theoretical generalization of legal norms.

Islamic law initially proceeded from the fact that the activities of people are ultimately determined by "divine revelation", but this does not exclude the possibility of a person to choose and find the proper direction of his actions. Therefore, the refusal of proper behavior is considered not only as a legal violation, but also as a religious sin, entailing the highest retribution. The actions of a Muslim differ as follows:

1) strictly mandatory,

2) desirable,

3) permitted,

4) unwanted, but not punishable,

This differentiation is especially important in relation to the main values protected by Islam: religion, life, reason, procreation and property. According to the essence of the encroachment on them, as well as the nature of the punishment, all crimes are basically reduced to three types:

crimes directed against the foundations of religion and the state, for which precisely defined punishments follow - hadd;

crimes against individuals, for which certain sanctions are also assigned;

offenses, including crimes for which penalties are not strictly established. The right to choose punishment (tazir) is given to the court.

Hadd crimes were primarily apostasy and blasphemy, punishable by death. However, according to many prominent jurists, the repentance of an apostate allows for his forgiveness. All speeches against state power were also punishable by death.

Among crimes against individuals, the right most attention devoted to premeditated murder, and provided for an alternative punishment. According to legend, Muhammad offered the relatives of the slain to choose one of three: the death penalty, forgiveness of the murderer, accepting a ransom for blood (diya). The amount of the ransom was usually determined as the cost of 100 camels. The subjective side of the crime was taken into account. The person who committed the manslaughter paid a ransom and carried a religious atonement (kaffara).

Infliction of bodily harm was mainly punished by talion.

Theft as an encroachment on one of the main values protected by religion was prosecuted very severely: the hand of the condemned thief was cut off. Such a sanction was applied if the stolen property was valued no lower than a certain value and was allowed for Muslims (therefore, such a sanction was not provided, for example, for the theft of wine or pork). There were other restrictions as well.

As a crime, the use of alcohol was considered, which objectively encroaches on another important value protected by law - reason. The Sunnah indicates that Muhammad personally punished drunkards with 40 blows of a palm branch, peeled of leaves.

In the law of the time of the Caliphate, the norms regulating property relations also received some development. The formation of basic legal land statuses was initiated. This:

Hijaz - the lands where, according to legend, Muhammad lived and for which a special legal regime was established: tithes were collected from the Muslims living on these lands;

Waqf - lands given to mosques, Muslim schools and other organizations for religious and charitable purposes. They were exempt from taxation and were considered inalienable. The waqf could also consist of other immovable and movable property;

Mulk - lands that, by the nature of the powers of their owners, could be identified with private property;

Iktpa - temporary grants of land together with the peasant population living on it for service. The owner of such land had the right to taxes from the peasants.

The law of obligations has not yet developed in full, but in the approach to resolving a number of specific disputes, some important principles were determined - the prohibition to turn debtors into slavery, the condemnation of usury. There were some differences in the approach of authoritative jurists to the grounds for the emergence and content of obligations. Although in essence they were the same. The following were considered the grounds for the emergence of obligations: the will of the two parties, i.e., the contract; unilateral will, such as a promise or vow; manifestation of dishonest will, for example, intentional damage to someone else's property. The subject of the contract was not to be an action that violated the Shariah in any way. Contracts were divided into non-exchangeable and exchangeable (by the will of one of the parties). Thus, the contract of sale was in principle recognized as non-exchangeable, but could be exchanged in seven cases (for example, unilaterally terminated until the seller and the buyer parted ways). The conclusion of the contract did not require a special form. The exception was two contracts: the conclusion of marriage and the contract of sale with the delivery of goods after a certain time. In these cases, the presence of witnesses or written registration was necessary.

Litigation. Initially, Muhammad, and then the governors of certain regions appointed by him, personally considered court cases. The judicial power began to be considered the most important prerogative of the ruler of any rank. Subsequently, the right to administer court was delegated to Sharia experts, who soon formed an influential group of professional judges - Qadis.

The main features of legal proceedings were: the continuity of the trial, the sole decision of litigation, the absence of fundamental differences in the procedure for considering civil and criminal cases. Qadi was not bound by a certain, rigid order of legal proceedings.

In addition to judicial powers, the qadi supervised the distribution of inheritance, the establishment of guardianship, and many others.

Family and inheritance law

Sharia treats marriage as religious duty Muslim. For marriage, the consent of the parties, including the bride, was required. The will of the bride had the right to be expressed by her parents, so marriage often acted as trade deal between the father of the bride and the groom.

The Koran recognizes the right of a Muslim to have up to four wives at the same time and an unlimited number of concubines. The husband undertakes to provide each wife with property, housing and clothing that would be appropriate for his position. Islam secured the dependent position of women in the family. The wife did not participate independently in the property turnover, but was obliged to manage the household and raise children.

Divorce in Muslim law is known in several forms. The husband had the right to divorce his wife both for precisely defined reasons and without reason; the wife had the right to demand a divorce through the courts on strictly defined grounds.

Inheritance law recognized two orders of inheritance: by law and by will.

When inheriting by law, the expenses associated with his burial were first covered from the property of the deceased, then his debts were paid. The remaining property passed to the legal heirs. First of all, the children of the deceased received the inheritance, then his brothers, uncles, etc. The hereditary share of women was half that of men. Apostates, divorced spouses, persons who caused the death of the testator were not entitled to receive the inheritance. The salient features of testamentary succession were as follows:

- the will could not be drawn up in favor of the legal heirs;

- the will could not affect more than a third of the property of the testator;

The drafting of the will required the presence of two witnesses.

Only the rights, but not the obligations of the testator, pass to the heirs.

Conclusion

The peculiarity of the state of the Arab Caliphate was directly related to their rigid, universal religion - Islam, proceeding from the indivisibility of spiritual and secular power, which was organically connected with the theocratic idea of the omnipotence, omnipotence and indivisibility of Allah himself, which found expression in the Koran: "There is no God but Allah, and Muhammad is his prophet." Islam determined in the Muslim world both the nature of the social structure and public institutions, and legal institutions, and morality - the entire spiritual sphere of Muslims. Thus, the religious and legal foundations of Muslim society corresponded to a special social structure, characterized by a certain impersonality of the ruling class, the absence of a system of hereditary titles and privileges, being chosen, etc. Here everyone was equal, but rather equally disenfranchised before the theocratic state, its head - the caliph, the sultan.

In the Muslim world, the clergy could not lay claim to secular power; there could not arise here, as in medieval Europe, a conflict between spiritual and secular power. Islam ruled out unbelief, it was impossible to speak out against it either directly or indirectly, even arguing over its individual provisions, not because heretics, as in Europe, were burned at the stake, but because it meant opposing, excluding oneself from Muslim society.

The universalism of Islam, the fundamental idea of Muslim ideology and political theory about the fusion of spiritual and secular determined the special place of the state in Islamic society, its unconditional absolute dominance over society, its theocratic-authoritarian form.

In the norms of law and morality of the Arab Caliphate, conservatism, stability, and traditional character should be noted. This tradition, which is a reflection of the slow evolution of the economic structure, created in people the conviction of eternity, higher wisdom, completeness of the rules of social behavior. In the Arab Caliphate, the Koran was the main source of law. Theoretically, Islam excluded the legislative powers of the rulers, who could only interpret the instructions of the Koran, while taking into account the opinion of Muslim theologians.

And finally, summing up, if we talk about what ruined the Arab Caliphate, it was luxury, a split in religion, and the main reason is huge taxes and usury.

All this led to the fact that the Arab Caliphate ended its existence. He left us the most magnificent, inimitable works of art and culture as a legacy. The significance of the Arab Caliphate in the history of world culture is enormous.

List of used literature:

1. Avksentiev M.I. Quran, Sharia and Adats. Stavropol. 2001. - 271 p.

2. Arab Caliphate and Islamic Law: Proc. allowance / Mosk. legal in-t; [Comp. Bondarenko D.V., Emelin A.S.] - M.: MUI, 1997. - 61 p.

3. Arab Caliphate. The emergence and spread of Islam: Textbook: [For students and graduate students in the humanities. specialties]. - M.: Publishing House of the Russian University of Friendship of Peoples, 1996. -29 p.

4. Byzantium and the Arabs in the Early Middle Ages / M.V. Krivov. - St. Petersburg: Aleteyya, 2002. - 189 p.

5. Vologdin A.A. History of the state and law of foreign countries. M.: Higher school, 2006. - 389 p.

6. Iran. Byzantium. Arab Caliphate: [textbook] / V.V. Smirnova. - Ed. 2nd, rev. - M.: Iris-press, 2004. - 109 p.

7. History of the Arabs and the Caliphate (750-1517) / I.M. Filshtinsky; Moscow State University M.V. Lomonosov, Institute of Asia and Africa. - 2nd ed., corrected. and additional - M.: Ant-guide, 2001. - 349 p.

8. Nefedov S.A. History of the Middle Ages. - M.: Enlightenment, 2004. - 428 p.

9. Formation of the Khazar Khaganate and its military-political relations with the Arab Caliphate in the second half of the 7th-8th centuries: abstract of the dissertation for the degree of Doctor of Historical Sciences: specialty 07.00.02<Отечественная история>/ Semenov Igor Godovich; [Inst. of history, archeology and ethnography Dagest. NTSRAN]. - Makhachkala, 2010. - 46 p.

10. Training of warriors of Allah, VI-XIII centuries: Ist.-ped. research / I.V. Zhuravlev; Military un-t. Dept. pedagogy. - 2nd ed., revised. - M.: URSS, 2000. - 151 p.

11. Works on the history of Islam and the Arab Caliphate / V.V. Barthold; [Intro. Art. A.B. Khalidov; Ros. acad. Sciences. I Department of History. Department of lit. and lang.]. - Reproduced from ed. 1966. - M.: Vost. lit., 2002. - 784 p.

12. Caliphate under the rule of the Umayyad dynasty (661-750) / I.M. Filshtinsky; Moscow state un-t im. M.V. Lomonosov, Institute of Asia and Africa. - Moscow: Sovero-print, 2005. - 231 p.

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Introduction

Today's Muslim world has about 800 million people inhabiting the territory of more than 51 states from the Atlantic coast of Africa to the eastern tip of the Asian continent. According to their state structure, these countries form a very wide spectrum, where at one extreme are revolutionary democratic regimes, and at the other - feudal-theocratic monarchies. In many Arab countries, Islam is declared the state religion and is the dominant ideology. Islam as a system includes not only religious teachings and relevant religious practice, but also religiously oriented political, legal and ethical ideas, norms, and traditions.

In recent decades, there has been an increase in the influence of Islam in the socio-political life of a number of countries of the foreign East. The religious and legal basis of the Muslim ideology - Sharia - continues to be one of the major legal systems modern world and maintain significant positions in the regulation of social relations among Muslim peoples. Yes, in constitutions Algeria, Syria, Iran, the special position of Islam is fixed as state religion and Sharia as the basis of legislation. In a number of countries, systems of Muslim courts that apply Sharia law continue to exist.

On present stage historical development in most Muslim countries of the foreign East, secular law was formed and judicial system. But similar to Western European texts of civil codes applied by Muslim jurists in accordance with the principles of traditional Islamic law.

The problem of the relationship between the original Muslim traditions and the modern needs of social progress is becoming very acute. The Iranian historian M. Jameyi writes: "The East gradually began to understand that, firstly, without true cultural independence, it would not be able to achieve political or economic independence, and, secondly, it realized that, in its essence, the social ideal cannot but be associated with historical, cultural and social factors"!. In the legal field, the solution to this problem is connected with the search for ways to transform the legal systems of Muslim countries in a progressive direction. We are also talking about the prospects and opportunities for Muslim law to maintain its positions in these systems, or vice versa, about the objective inevitability of the loss of its influence.

The modern role of Islamic law (Sharia) is closely connected with the history of its formation and development.

The aim of the work is to study the key problems of the formation of Islamic law (Sharia) in its classical form in the early period of Islam, the development of Islamic law in the Arab Caliphate, its norms and basic institutions, reinforcing the dominance of feudal relations, its legal schools and their role in the development of Islamic law.

The purpose of the work predetermined the following tasks:

Consider the history of the formation of the Arab state (caliphate) and the history of its development ;

To identify the main stages in the formation and development of the Arab Caliphate;

Consider the functioning of Islamic law in the Arab Caliphate, identify its originality and interaction with other legal systems of that time;

To highlight the problems of continuity in the development of Islamic law, to analyze the main directions and aspects of the evolution of the initial legal concepts at subsequent stages in the development of Islamic law.

The formation of the Arab state (caliphate) and the history of its development.

Arab statehood originated in the Arabian Peninsula. By the VI century. the process of feudalization in Arabia began to cover an increasing number of areas, this process affected primarily those regions where agriculture was developed. In the same place where nomadic pastoralism dominated, tribal relations prevailed. The Arab tribes that inhabited the Arabian Peninsula were divided into South Arab (Yemeni) and North Arab. Special mention should be made of the previous history of Yemen, which dates back to the 1st millennium BC. e. The last slave-owning state in Yemen The Himyarite kingdom, which arose in the 2nd century BC. BC e. ceased to exist at the end of the first quarter of the VI century. The basis of the economy here was agriculture, associated with the presence of abundant water sources. The population was divided into noble (know), merchants, free farmers, free artisans and slaves. Earlier, compared with the rest of Arabia, the development of Yemen was stimulated by the intermediary role that it played in the trade of Egypt, Palestine and Syria, and from the 2nd century. n. e. and the entire Mediterranean, with Ethiopia (Abyssinia) and India. In the west of Arabia, Mecca was located, an important transshipment point on the caravan route from Yemen to Syria, which flourished due to transit trade. 1

Another large city of Arabia was Medina (Yathrib), which was the center of an agricultural oasis, but a certain number of merchants and artisans also lived here.

But by the beginning of the seventh century most of the Arabs who lived in the central and northern regions remained nomads (Bedouins-steppes); in this part of Arabia there was an intensive process of decomposition of the tribal system and early feudal relations began to take shape. The slave-owning society of Yemen experienced in the VI century. acute crisis.

The pre-Islamic Arab religion was based on polytheism. There was also an idea about the supreme deity, who was called Allah (Arabic al ilah).

The decomposition of the tribal system and the emergence of feudal relations led to the decline of the old religious ideology. Arab trade with neighboring countries contributed to the penetration of Christianity into Arabia (from Syria and Ethiopia, where Christianity was established in the 4th century) and Judaism. In the VI century. in Arabia, a movement of Hanifs appeared, recognizing a single god and borrowing from Christianity and Judaism some beliefs common to these two religions. This movement was directed against tribal and urban cults, for the creation of a single religion that recognizes a single god. The new doctrine arose in those centers of Arabia where feudal relations were more developed, primarily in Yemen and the city of Yathrib. The movement also captured Mecca, where one of its representatives was the merchant Mohammed, who was the founder of a new religion - Islam (Islam - obedience). In Mecca, this teaching met with opposition from the nobility, as a result of which Muhammad and his followers were forced to flee to Yathrib in 622. From this year Muslim chronology is conducted. Yathrib received the name of Medina, i.e. the city of the Prophet (so they began to call Muhammad); a Muslim community was founded here as a religious and military organization, which soon turned into a political force and became the center of the unification of Arabia into a single state. Islam, with its preaching of the brotherhood of all Muslims, regardless of tribal division, was adopted primarily by the common people, who had long lost faith in the power of tribal gods, who did not protect them from bloody tribal massacres, disasters and devastation.

At first, the nobility (primarily the Meccan) was hostile to Islam, but later changed its attitude towards the Muslims, seeing that the political unification of Arabia under their rule was also in the interests of the rich. Islam recognized slavery and protected private property. In 630, an agreement was reached between the opposing forces, according to which Muhammad was recognized as the prophet and head of Arabia, and Islam as a new religion. Soon, representatives of the tribal and trading nobility became part of the highest hierarchy of Muslims.

The history of the Arab state can be divided into three periods according to the name of the ruling dynasties or the location of the capital. The Meccan period (622 661) is the time of the reign of Muhammad and his close companions; Damascus (661-750) rule of the Umayyads; Baghdad (750 1055) rule of the Abbasid dynasty.

After the death of Muhammad in 632, the system of government of caliphs (deputies of the prophet) was established. The first caliphs were companions of the prophet; under them began extensive conquests. By 640 the Arabs had conquered almost all of Palestine and Syria; but many cities (Antioch, Damascus, etc.) surrendered to the conquerors only on the condition of maintaining personal freedom, freedom for Christians and Jews of their religion. Shortly thereafter, the Arabs conquered Egypt and Iran. As a result of these and further conquests, a huge feudal state was created. Further feudalization, accompanied by the growth of the power of large feudal lords in their possessions, led to the disintegration of this relatively centralized state, which began already at the end of the 8th century.

The deputies of the caliphs, the emirs, gradually achieve independence from the central government and turn into sovereign rulers. Many conquered countries are liberated from the rule of the caliphs. By the middle of the X century. the political disintegration of the Khalifam ended, weakened as a result of the growth of feudal fragmentation, the liberation struggle of the countries of the Near East and Central Asia and the uprisings of the masses. The Buyid dynasty ruling in Western Iran in 945 captured Iraq along with Baghdad, depriving the caliph of secular power and retaining only spiritual power for him.

The Caliphate of Baghdad was finally conquered by the Turks - the Seljuks in the middle of the 11th century. 3

2.Social order

The feudal lords, headed by the caliph, constituted the ruling class; Numerous relatives of the caliphs, tribal leaders, major dignitaries, senior military officials, the top of the spiritual hierarchy, and the local nobility were especially elevated. A feature of the Arab feudal system was that there was no clear class division as in European countries; more attention was paid to the differences between Muslims and non-Muslims. For example, Jews and Christians were forbidden to marry Muslims; they could not have slaves Muslims; wore a special dress.

It should be noted that in the VII-VIII centuries. slaveholding relations were still very strong in the Caliphate, which affected the slow development of feudalism in most of Arabia; while, for example, in Syria, Iraq, Egypt, feudalism practically reigned supreme.

The largest part of the land fund and irrigation facilities in the main areas of the Caliphate was the property of the Caliphate. A smaller part of the land fund was lands that were privately owned (mulk). A form of conditional feudal land ownership began to develop rapidly - iqta (in Arabic - allotment), which was given for life or temporary holding to service people. Appeared in the Caliphate and land possessions of Muslim religious institutions inalienable waqfs. The lands of the Caliph nobility, waqf and iqta were exempted from taxation.

The position of the peasants on the lands of the state and on the lands of the feudal lords was extremely difficult. The land tax (kharaj) was levied either in kind, in the form of a share of the harvest, or in money, in the form of constant payments from a certain land area, regardless of the size of the harvested crop.

Cities played an important role in the life of the Caliphate; in the country there was an intensive process of separation of handicrafts from agriculture and the development of the feudal city as a center of commodity production. At the same time, it is necessary to note the growth in the technology of textile, ceramic, perfumery and paper crafts, as well as metal processing. Trade turnover expanded more and more, caravan trade increased, including foreign trade with India, China, with the countries of Eastern Europe, including Russia (since the 9th century), and with the countries of the Mediterranean coast. In this regard, the credit system was developed, the use of checks and exchange operations with money changers.

Among the townspeople were rich merchants, artisans, small traders, day laborers. Cities were interested in maintaining sustainable economic ties between individual regions of the country 5 .

3.State system

The caliphate was a feudal-theocratic, centralized state headed by the caliph, the successor of the prophet (representative of Allah on earth). The power of the caliph was practically oriental despotism, he is the supreme owner of the land, the head of state, possessing all the fullness of secular and spiritual power. Their power was basically hereditary, they enjoyed the right to appoint their successor.

In practice, only a few caliphs from the Umayyad dynasty had unlimited, autocratic power. So in connection with the collapse of the Caliphate in the IX century. the former Arab tribal militias have lost their significance; therefore, a hired horse guard of Turkic origin appears. This guard (Mamluks) soon acquired decisive power in the country and began to overthrow some caliphs and enthrone others; starting from the 60s. 9th century Caliphs became practically hostages in the hands of their own guards. 6

Under the Abbasids, the state mechanism of Iran had a strong influence on the system of governing bodies of the Caliphate. The vizier became the deputy caliph and the second person in the state, who led the departments (divans): finance, troops, land accounting, organization of irrigation works, internal affairs (which contained financial and statistical information), officials.

The Caliphate also had a staff of dignitaries who oversaw the other officials of the caliph, who were in charge of the property of the caliph; leading the police; supervising chief of bodyguards; in charge of the post office (his functions included, for example, collecting information for the caliph about the state of agriculture, about the harvest, about tax collection, about the mood of the local population, and the activities of the administration).

The territory of the Caliphate was divided into provinces, usually corresponding to conquered states and regions. They were ruled, as a rule, by the governors of the caliph emirs, who were in charge of the armed forces and the local apparatus of administrative and financial management.

As for the smaller administrative-territorial divisions, they were governed mainly on the basis of customs. Officials at the head of cities and villages had different names. In Arabia, they were called foremen-sheikhs.

As already mentioned, at the end of the 8th century. there were decentralizing tendencies in the development of the Caliphate. The desire of large feudal lords for political independence led to the formation of local hereditary emirates, which gradually turned into independent states. This is how the Emirate of Cordoba appeared in Spain; in 788, a state independent of the Baghdad caliph was formed in Morocco; in the period from 800 to 909. formed independent states in Tunisia and Algeria. In the ninth century Egypt also became an independent state, and local feudal statehood was revived in Central Asia, Georgia, Armenia, and Azerbaijan. After that, the caliph retained his power only over part of Mesopotamia and Arabia. 7

4. Islamic law during the reign of the Umayyads

The period of the reign of the Umayyad dynasty (661-750) chronologically and objectively coincides with the next stage in the qualitative development of Muslim law and its sources, the features of which, according to Islamic science, were determined by the following circumstances:

First, the Oiyayads' coming to power, as we remember, was accompanied by a split of Muslims into three groups: Sunnis, Shiites and Kharijites. Each of these groups had its own views, considered the problem of supreme power in its own way, having its own criteria. Each of them trusted only jurists who

belonged to it, and had a negative attitude towards the opinions of others, so the achievement of a unanimous decision (ijma), for example, became almost impossible, and if it did take place, it was only by chance. The religious and political split of Muslims caused such a theoretical chaos in Islamic ideology that it was a powerful factor in the emergence of various theological and legal schools-madhhabs.

This situation is confirmed by the characteristics of religious and legal movements.

Sunnis - "People of the sunnah and the consent of the community." According to their teaching, political power, as well as spiritual power, should belong to the Caliph, who is elected by the community on the basis of an assessment of personal qualities and knowledge. In the VIII-IX centuries. the apotheosis of the Sunnah became a characteristic feature of the activities of the Sunnis. They considered it necessary to literally follow the Sunnah, faith without reasoning, a ban on all sorts of innovations (bida) and empty reasoning about the problems of religion. 8

Shiites (ash-shia) the general name of various groups and communities that recognized only Abu Talib and his descendants as the legitimate heirs and spiritual successor of the prophet Mohammad. largely

determined the fate of the entire Muslim world.

After the assassination of Ali, the Shiites began to fight for the return of supreme power to the family of the prophet, that is, to the descendants of Ali, initially justifying their right to power by Ali's relationship with the prophet and his personal merits, and later began to assert that the prophet himself appointed Ali as his spiritual successor.

The development of political events contributed to the fact that the Shiites were increasingly turning to activities in the field religious ideas. From the religious and political grouping of the Shiites, who defended the blood-related right of Ali's descendants to power, a Shiite movement grew up with a mystical idea of supreme power, of imams as carriers of the "divine substance". Based on the divine nature of the supreme power, the Shiites reject the very possibility of electing an imam. They defend the principle of inheritance of supreme power in the Ali family, referring to numerous traditions and allegorical interpretation of some places of the Koran, where, allegedly, Ali is indicated as the successor of the prophet Mohammad. 9

in many in the Caliphate, the rule of the Umayyads contributed to the fact that

Shia call "To the charitable of the kind of Mohammads!" found wide support.

The Shiites declared that the Umayyads were to blame for all the troubles as usurpers of power, that the transfer of it to the "legitimate" heirs was the way to establish universal prosperity, to the fulfillment of "divine" institutions.

The isolation of the Shiites in a special trend of Islam and their intolerance towards opponents significantly influenced Muslim law. Differences in matters of law are due to the following main reasons: a) although the legal doctrine of the Shiites, like the Sunnis, is based, in addition to the Koran, on the Sunnah, and the former consider its authority also indisputable, but they have and recognize only their collections of hadiths, since they believe that the Sunni Sunni distorts the “true” Sunnah, which confirms the exclusive right of Ali to the post of Caliph; b) Shiites interpret the Qur'an in accordance with their principles, not agreeing with any other interpretations, nor with the judgment of others based on the hadith, they do not consider reliable, recognizing the decisions only of their theologians; c) Shiites do not agree with any source of Islamic law, except for the Koran, do not recognize any auxiliary sources of law, relying only on

own version of the sunnah, own methods for extracting prescriptions, etc. of course, the Quran itself; d) they do not consider "unanimous decision" (ijma) as one of the sources of Islamic law.

Their attitude to the "unanimous decision" is dictated by

the fact that recognition as its source indirectly requires recognition of the statements of non-Shiites from among the companions and followers. And the Shiites do not recognize their authority in religion;

e) Shiites refuse from “judgment by analogy” (qiyas), since it is an independent decision, the right to which, in their opinion, only Allah, his messenger and Shiite authorities have the right.

It is obvious that due to the reasons indicated, fiqh (law and jurisprudence) of the Shiites was limited to a narrow circle of issues under consideration and was closed to many problems. successfully solved by other areas of Islam, the source base of which is much wider 10 e.

Kharijites followers of the earliest religious-political group in the history of Islam, which broke away during the struggle of Ali and Muawiyah for power. The Kharijites waged an armed struggle against Ali until they killed him. They also fought fiercely against Muawiya, although there was no unity among the Kharijites from the very beginning, but on the whole they made a significant contribution to the development of dogmatic issues related to the theory of the Caliphate, with the definition of faith and its relationship with action. The most striking features of the teachings of the Kharijites are: a) their teaching

recognizes the election of the head of the religious community-state. Caliph may be

any chosen one of Muslims, regardless of origin.3 They considered devotion to the Koran and the Sunnah, justice and the ability to take up arms against the tyrant ruler as an indispensable condition for the eligibility of the applicant for the imamate.

Each community can elect for itself an imam caliph, as well as remove him. The one elected to this post has no right to renounce it; who fails to fulfill his duties should be removed from his post. And in case of refusal to voluntarily release him kill him. According to the teachings of the Kharijites, the power, in fact, belongs to the Muslim community, and the Imam-Caliph is the authorized representative of the community, the executor of its will; b) overwhelming

most Kharijites believed that true faith was determined by action.

It follows from this that the one who grave sin” becomes an “apostate”, with whom it is necessary to wage a “holy” war. The killing of apostates was a religious principle of the Kharijites. The "illegal" caliphs also belong to the apostates.

However, neither the Shiite movement nor the Kharijite movement ever had a strong unity. Already in the VIII century. Shiites split into "moderate" and "extreme", and both of these directions broke up into many teachings. Researchers also count several Kharijite communities, at least twenty. Each of the branches of the main teachings of the Shiites and Kharijites had its own characteristics in approaches to legal issues, which caused great confusion in the legal theory of the Caliphate.

Secondly, two leading approaches to the development of issues of Islamic law have taken shape in Sunni Islam. Supporters of one of them were "traditionalists" - "supporters of tradition" (ashab al-hadith), supporters of the second "rationalists" - "supporters of independent judgment" (ashab al-rai).

The formation of these two approaches was an important prerequisite for the formation of the concept of the foundations of Muslim law and Muslim jurisprudence. "Supporters of independent judgment" received this name for their preference to resolve legal issues based on their own legal consciousness, and "supporters of tradition" - for their rejection of any kind of innovation in resolving

issues of a religious and legal nature and a call to be guided in practical activities only by the Koran and Sunnah. True, in the future their position became softer. 11

The rationalistic approach was characteristic mainly of the Iraqi theologians led by Ibrahim al-Nakhai. The "rationalists" preferred to establish legal norms on the basis of "self-judgment" (rai) based on the public good (maslah), rather than on the basis of precedent derived from hadith.

The "traditionalists" were represented mainly by Hijaz theologians and were guided primarily by the Koran and Sunnah. Resorting to rational ways of resolving issues only in the most extreme cases, when it turned out to be completely impossible to find an answer in the fundamental sources.

The differences between "traditionalists" and "rationalists" were explained by the characteristics of the material and cultural conditions in which these groups developed their doctrines, as well as by the legal traditions they inherited.

Thirdly, the dispersal of Muslim theologians in the conquered cities. Fourthly, the popularization of hadiths and the appearance of their falsifiers marked the beginning of the "science of rejection and confirmation", i.e. verification of the authenticity of hadiths through criticism of the reliability of their transmitters. Fifthly, the emergence of mawli (non-Arab population of conquered Muslim cities, clients), who made a significant contribution to

development of Islamic law, enriching it with elements of their ancient cultures. Sixth, in the 20-30s. 8th century began to actively pursue a line on the Islamization of law.

If until the indicated time the conquering Arabs did not seek to either break or remake the internal structure of the conquered territories, or change the social system, and even in the religious sphere they could fight with representatives of other religions only by posing a dilemma: either Islam, or an additional tax (jaziya) for the preservation of faith, now especially religious people began to be appointed as judges, who sought to approve the whole

territory of the Islamic way of life and the Islamic system of rules of conduct. 12 If the traditional norms and customs or the prescriptions of local authorities were contrary to

religious attitudes, then decisions were made that met the general goals of the Sharia.

The Islamization of law marked the beginning of the formation of the early schools of Muslim law as the first direction of Islamic legal thought. The essence of the activities of these schools was to subordinate the school of law to Islamic dogma, its values, ideals and common goals. The early Muslim legal schools were distinguished, first of all, by their fundamentally new attitude to the sources of legal norms. "Independent judgment" (paradise), taking into account local customs and legal traditions, ceased to be a source of legal decisions for these schools. First of all, they sought to draw an answer from the instructions of the Koran, including the questions settled by it. 13

Formulating specific legal norms based on the interpretation of general

religious and ethical guidelines, the early schools of Islamic law proceeded, however, from the practice known to them. In view of this, each school developed its own doctrine, based on its experience in solving legal issues with the help of rational methods, rational systematization. However, the conclusions formulated in the traditional way were presented by the schools as local legal traditions,

ascending to the companions of the Prophet Mohammad, whose legal practice is considered ideal. Local legal traditions and idealized practices were understood by early Muslim legal schools as sunnah.

In the middle of the VIII century. another understanding of the sunnah and "independent judgment" (paradise) appeared. If earlier the sunnah of the prophet had only a political and theological meaning, then since that time there has been a tendency to spread its concept to the sphere of law. The initiative in this belonged to the Iraqi jurists, who acted

for the strict guidance of hadith recognized as authentic sayings and deeds of Mohammad, i.e. Sunnah of the Prophet Mohammad, and not local traditions.

Iraqi jurists gradually found more and more support, especially among their Medinan colleagues. However, the supporters of the supremacy of the hadiths were distinguished by their special attitude not only to the sunnah, but also to the solution of legal issues through "independent judgment" (paradise). As is well known, each of the early Muslim legal schools used its own categories of "self-judgment". At first, these categories were not considered as the sources of law declared by the Qur'an and Sunnah. But subsequently, rational decisions previously made by jurists began to be mostly dressed in the form of hadith or passed off as hadith in order to present these decisions as "sacred guidance".

Despite the Islamization of law, the rational systematization of legal conclusions continued, and the rational methods and arguments used in the future will constitute an important element of the doctrine of the foundations of Islamic law (ilm usul al-fiqh).

By the end of the reign of the Umayyads, the main theological and legal opinions (madhhabs) began to take shape, which adhered to certain rules for formulating the norms of Islamic law, taking into account the general goals and interests of Sharia, enshrined

Koran and sunnah, as well as taking into account the experience of solving legal issues by the companions of the prophet. Formed within the framework of two leading approaches to the development of questions of law “supporters of independent judgment” and “supporters of tradition” - these rumors will provide material for systematizing the doctrine.

Conclusion

Analysis historical process formation and development of Islamic law in the Arab Caliphate in the UP-XIII centuries. leads us to a number of conclusions.

Islamic law was formed in the UP in. Based on the principles of Islam, it extends its action throughout the Arabian Peninsula to those areas of social relations that were previously regulated by customs, customary law or other legal systems, and gradually turns into a religious legal system that reflects both some established and new norms. These norms later found their expression and consolidation in the Koran and Sunnah, the main sources of dogma and Muslim law.

Contrary to the many claims of Muslim theologians and lawyers Islamic law was not unchanged. The evolution of Islamic law in the Arab Caliphate took place throughout its history, although with varying intensity. Its development did not come from "unchanging sacred texts", but from objective socio-political processes that took place in the Arab Caliphate, namely: changes in the public life of the Arabs, the acceleration of the Arab conquests and the spread of Islam to new territories with different levels of socio-economic and spiritual development. They had an important and decisive influence on the development of new forms and institutions, the transformation of old norms, their functioning, etc. Not only individual norms, institutions of Muslim law, but also many "unchanging" fundamental provisions adapted to changes in the material and spiritual life of Muslim society. Attention is drawn to the "paradox" in the relationship between the form and content of Islamic law, due to which it became possible to change the content while fictitiously maintaining an unchanged form.

In the course of its evolution, Sharia absorbed not only the customs of the pre-Islamic Arabs, the principles of Islam, but also other religious doctrines common in the Arabian Peninsula, in particular Judaism, as well as some norms from other legal systems / for example, from Sasanian law / and subjected them to theologization.

The emergence of legal schools of Islamic law contributed to the further development of Islamic law. In their legal doctrines and practices, they reflected the important changes that took place in the caliphate as changes in public life and the expansion of the Arab conquests.

Islamic law throughout its evolution in the Arab Caliphate did not have a holistic and consistent character, but was represented by various concepts. The orientation of these concepts was determined by the class position of their authors, the correlation of different political and social forces in the Arab Caliphate and subsequent state formations.

An analysis of the specific conditions of the material and spiritual life of the Arab Caliphate, the regulatory role and functions of Muslim law in the period under review convincingly indicates that it is feudal law in its essence, goals and objectives. And the fact that the Sharia has survived to this day is due not only to its ability to flexibly adapt to changing socio-historical conditions, but also to the fact that feudal relations and ideas dominated in Muslim countries for many centuries.

These objective reasons for the preservation of the Muslim legal form fully confirm those formulated by the Marxist jurisprudence general patterns of development of legal systems of various historical types.

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2 Starostina S.A. Religious law in the legal systems of the countries of the world: history and modernity: Monograph. - Kaliningrad: Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia, 2007. p. 127

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4 Starostina S.A. Sharia in history M, 2002. p. 101

5 Huseynov G.B. The place and role of Islam in the socio-political life of the modern world. Baku, from 25

6 Starostina S.A. Religious law in the legal systems of the countries of the world: history and modernity: Monograph. - Kaliningrad: Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia, 2007. p. 215

7 Huseynov G.B. The place and role of Islam in the socio-political life of the modern world. Baku from 100

8 Starostina S.A. Religious law in the legal systems of the countries of the world: history and modernity: Monograph. - Kaliningrad: Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia, 2007. p. 145

9 Marchenko M.N. Problems of the theory of state and law. Textbook. Moscow: Prospekt, 2001, p. 44.

10 Valkova JI.B. The role of Islam in the foreign policy of Saudi Arabia in the 60s-70s. Islam in the history of the peoples of the East. M., 1991. from 24

11 Sukiyainen L.R. The Concept of the Muslim State: Doctrine and Reality. In: Criticism of bourgeois political and legal concepts. M., 2004. p. 69

12 Sukiyainen L.R. The Concept of the Muslim State: Doctrine and Reality. In: Criticism of bourgeois political and legal concepts. M., 2004. p. 71

13 Islam in the politics of the countries of the East. M., 1996. p. 85