Suchergebnisse

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 by 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 study. The first method makes it possible to compare existing differences between the laws of a state and religious norms, the second one allows to reveal the strategies of public relation participant behavior and to analyze specific conflict situations between the law of a state and religious rules of conduct. The main results of the article include the study of "Shariah courts" phenomenon on the territory of non-Muslim secular states, the reasons of their occurrence, the current practices and possible consequences of their activities. Attention is paid to the Shariah Councils in the Islamic banking system and the issue of official Sharia courts existence in Greece. The materials of the article can be useful for lawyers, anthropologists, religious scholars, historians in the study of a "parallel justice" problem in modern countries. ; peer-reviewed

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

Religious institutions for conflict resolution are values, norms, rules and methods of resolving contradictions, which are enshrined in the religious tradition and implemented within the framework of religious associations. The main practices include negotiation, mediation, arbitration, and judging. Believers in Judaism turn to rabbinical courts for help; in Christianity, people turn to parish leaders and church institutions. The Islamic system knows reconciliation (sulh), arbitration (tahkim), and judging (qada). Distinctive features of religious methods are their flexibility, a less degree of formalisation and cost. Although in the conditions of modernisation and secularisation religion is deprived of a dominant position in the sphere of regulating social relations, with the revival of interest in religion, traditions gain newfound relevance, albeit partially, with new content. The decisions of religious mediators, arbitrators and judges have no legal force, forceful coercion is impossible, so the appeal to the faith, consciousness and universal values of the parties, theological argumentation, and the search for a mutually beneficial way out of the situation come to the fore. In Tatarstan, examples of such activities include the work of the Muslim Religious Board imams and qadis, informal intermediaries from the business community, and experts in Sharia. Not all Muslims turn to the mentioned intermediaries; the value-normative and institutional preferences of believers in the field of marriage and family relations, division of inheritance, and the choice of alternative methods of resolving disputes depend on personal preferences, gender differences and the circumstances of the situation. Nevertheless, the revival of traditions in this area can serve as a good help in preventing violations in society and establishing communication at the family, religious and other communities level.