The problem of Shariah norms functioning in the legal system of a modern secular state

Abstract

The urgency of the problem under study is conditioned by the strengthening of the Islamic factor in social relations at the beginning of the 21st century and the emergence of relatively large Muslim communities in the countries with a predominantly non-Islamic culture. The purpose of the article is to analyze the conflict moments arising from the coexistence of state legislation and Shariah norms in one territory. The leading approach to the study of this problem is the method of comparative law and the method of case studies. The first method makes it possible to compare the existing differences between the laws of a state and religious norms, the second one makes it possible to reveal the strategies of participant behavior in public relations and to analyze specific conflict situations between a state law and religious rules of conduct. The article deals with the issues of terminology, the problems of law and religion combination in the sphere of family, inheritance and criminal law, and the data on sociological research are given. The main results of the article include the identification of individual conflict situations, using the problem of polygamy, domestic violence, harm to health as an example. The materials of the article can be useful for lawyers, anthropologists, religious scholars, historians in the study of religious norms and ; peer-reviewed