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The Right of Caliphate






1. Sources of Law.

2. Right of Property.

3. Household Right.

4. Hereditary Right.

5. Criminal Right.

6. Proceedings.

The main source of law beside Muslims with arising the Caliphates and nowadays is considered shariat – a code of religious-ethical and legal prescriptions of Islam. It includes norms of state, civil, criminal znd procession law and rests on Koran, Sunnis and Ijmu.

Koran – a main holy book of Muslim, code of sermons, rite and juridical determinations, prayers, edifying tales and parables. Prescriptions, which being kept in it, carry character of religious-moral directing installation.

Sunnis – a collection of legends (caddis) about Muhammad’s actins and dictums, which were stated by its associate. In significant part it contains the prescriptions comparatively household-hereditary and judicial right.

Ijma-an agree opinion of authoritative Muslim law teachers, shariat connoisseurs on separate religious-legal questions, which decision cannot be founded on Koran and Sunnis.

Besides, in Muslim countries on each important question of public life it was obligatory a reception fetv - a juridical conclusion of high religious authorities (mufti, shahul-islam) about correspondence to that or other action or phenomenon to Koran or shariat.

In measure of spreading Islam it appeared other sources of law

- An edicts and dictations of caliphs, native customs, which not discordant Islam, an others.

2. The following legal land statuses were bolted in Muslim right:

- hidjaz – land, where Mohammad lived (Mecca with its vicinity; at present – a province in Saudi Arabia), state property. Special legal regime was installed for them; tithe was levied on living on these lands Muslims;

- vakuf, or vakf – a donation, lands which were sent to mosques, schools and other organizations on religious and charitable purposes. It were freed from taxes and were considered not estrange.

- ikta – conditional temporary sending to lords on service lends together with lived on it peasant population as benefice. Subsequently it became a lord’s property as len, moreover len owners, as in Europe, gained since time not only tax, but also judicial-administrative immunity.

- mulk – private land property. Unlike ikta mulk was not conditioned state service performance, it could be sold, presented or sent on inheritance

Shariat right was known fission things on moved and immovable, replaced and not replaced, characterizing individual signs and not having such.

Moved property could fall into vakuf category too.

The special category formed belongings, which could not or must not were in property. This is air, sea, desert, mosques, waterways. Did not confess the property on “not clear” belongings – a wine, pork, book, which discordant positions of Islam and others. Practical questions of obligatory right had got in shariat all-round development.

Shariat considers marriage as religious duty for Muslims. For conclusion of marriage it was needed consent of sides, including brides. Will of bride were express her parents, so that marriage often emerged as trade deals between bride’s father and bridegroom.

Koran acknowledges right to have four wives to Muslim man. Husband undertakes to give for each wife a property, home and cloth, which corresponded to his position.

Islam bolted hung position to woman in family. Wife didn’t participate in property turn by herself, but was obliged to lead household and bring up children.

The divorce in Muslim right was known in several types. Husband had right to divorce with wife and on exactly determined cause, and without cause; wife had a right to require the divorce through the court on strictly determined bases.

4. Hereditary right acknowledged two orders of inheritance: on the law and on testament. At inheritance on law from property deceased at first expenses, which connected with burial, were covered, then his debts were paid. The remained property became the property of legal successor. At first children of deceased got inheritance, then his brothers, uncles and so on. Hereditary share of women were twice as little share of men. Faith apostates, reconnoitered spouses, person, who caused hereditary gives’ death hadn’t got reception inheritance.

Following were the typical devil of inheritance on testament:

a) Testament could not formed in favor of legal successor;

b) Testament could not include more one third property of testator;

c) Scheduling testament required the presences two witnesses.

5. All crimes were classified by Muslim right on three groups:

a) crimes, which directed against basis of the religions and state. At the first place apostasy from Islam, riot, resistance power pertained to this group, but then thefts, use alcohol drink, adultery. This crimes did not allow the farewells and were often punished by capital punishment;

b) crimes against separate persons. Responsibility for completion crimes given groups was founded in a milieu of blood revenge and retributions;

c) offenses, punishments on which strictly are not installed. The Right of choice punishment was given to court.

As measures of the punishment were provided:

a) capital punishment in different type;

b) mutilation and flesh-colored punishments;

c) deprivation of the liberty (the imprisonment, home arrest, premises in mosque);

d) property sanctions (the forfeitures, fines);

e) reference and so on

6. Lawsuit carried the accusatory nature. The Main devil proceedings were: continuity of lawsuit, individual decision judicial dispute, absence difference in procedure of consideration civil and criminal deals.

The Deals were agitated by interested persons, rather than state organ (except crimes, referring to the first group, - against basic of religions and state). The Sides must were carry on business themselves. The Process passed verbally, written paperwork was not used.

The Main proofs were confessions sides, evidences of witnesses, vows.

 


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