Мифы об исламском праве как серьезные препятствия на пути к реформаторскому дискурсу

Abstract

The article focuses on some negative stereotypes and superficial understanding of the issues Islamic law that are the basis of myths of Islamic law. The last ones cause serious obstacle to the constructive and productive dialogue about reformative interpretation of many problematic aspects of Islamic law. As the most widespread (especially in post-Soviet legal literature) of these myths such provisions are distinguished and dethroned: 1) the eternity and immutability of Islamic law as a frozen dogma and ossified religious and legal regulations; 2) the prospects of using Islamic law as the normative system in the legal systems of secular states; 3) the personal character of action of Islamic positive law regardless of the country of residence of Muslims; 4) the regulation of Islamic law only relations between Muslims and withdrawal of gentiles. An important methodological tool of debunking these myths, among other, was hermeneutics, particularly its provision that the context of the recipient is crucial in the process of borrowing of law and legal rules. The basic concept of the article, along with the nature of Islamic law, is secularism as western liberal-democratic principle.