• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site

Sources of Islamic Law

Student: Khvostenko Alina

Supervisor: Leonid Syukiyaynen

Faculty: Faculty of Law

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Final Grade: 7

Year of Graduation: 2018

The relevance of the theme of the master's thesis is justified by the need to develop the concept of sources of law due to the fact that the most important feature of the Muslim regulatory system is the close intertwining of religious norms and legal norms. In the framework of this work, the goal is to study the main stages and features of the development of sources of Islamic law; on this basis, to develop a certain system of sources of law in the legal sense. The objectives of this work were to describe the features of the evolution of sources of Islamic law; the submission of proposals to resolve the question of whether the structure of the sources of fiqh, Muslim law and the Shari'ah is equivalent; analysis of the features of each source of Islamic law, Sharia and fiqh and the proposal of an independent theory of the sources of Muslim law. When writing the work, general scientific and privately-based methods were used. Based on the study, the author came to the following conclusions. The most important feature of Islam is that religion contains, in addition to theology, specific rules that specify responsibilities, prohibitions and permissions for a circle of people. Sharia is of a divine nature and is identified with religion, fiqh is the product of human activity based on Sharia law, and Muslim law in the legal sense includes only the formally defined rules of law sanctioned by the state. The sources of Shari'ah, Fiqh and Islamic law intersect with each other, but are not identified. The sources of Islamic law include the doctrine and normative legal act. In the first chapter of the thesis, features of the evolution of the norms of Muslim law are revealed. The second chapter includes the study of the concepts of sharia and fiqh. The third chapter proposes a sound system of sources of Muslim law, among which the normative legal act plays a leading role, the doctrine has a subsidiary importance.

Full text (added May 11, 2018)

Student Theses at HSE must be completed in accordance with the University Rules and regulations specified by each educational programme.

Summaries of all theses must be published and made freely available on the HSE website.

The full text of a thesis can be published in open access on the HSE website only if the authoring student (copyright holder) agrees, or, if the thesis was written by a team of students, if all the co-authors (copyright holders) agree. After a thesis is published on the HSE website, it obtains the status of an online publication.

Student theses are objects of copyright and their use is subject to limitations in accordance with the Russian Federation’s law on intellectual property.

In the event that a thesis is quoted or otherwise used, reference to the author’s name and the source of quotation is required.

Search all student theses