THE INSTITUTE OF SLAVERY IN THE CONTEXT OF MUSLIM LAW
Relevance . Slavery is one of the main problems of Islamic law, which is associated with the prevalence of this phenomenon during the emergence and institutionalization of the religion of Islam, which declared freedom and human dignity the ideals of a new society. The modern era puts human rights (l...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2022-12-01
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| Series: | Legal Bulletin |
| Subjects: | |
| Online Access: | https://en.legalbulletin.ru/data/documents/LB2022no4_6.pdf |
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| Summary: | Relevance . Slavery is one of the main problems of Islamic law, which is associated with the prevalence of this phenomenon during the emergence and institutionalization of the religion of Islam, which declared freedom and human dignity the ideals of a new society. The modern era puts human rights (life, freedom, honor and dignity) in the first place, due to which the need for a clear distinction between the provisions of Sharia and inhumane practices of the past is actualized. The main goal is to substantiate the thesis that Islamic law, although it appeared in the era of the widespread use of the institution of slavery, and the classical sources of Sharia do not directly prohibit it, nevertheless, it fundamentally contradicts the essence of Islamic law, which places great emphasis on the idea of equality, humanism. and fraternal attitude towards others. Problems under consideration. The article reveals the deep humanistic principles that are embedded in Muslim law on the example of the institution of slavery, which was so widespread in the past. Methodology. Along with general scientific methods, special legal methods (historical-legal, formal-legal, comparative-legal, sociologicallegal) were also used during the research.
Conclusions. Flexibility is inherent in the very nature of Islamic law, as it has always advocated a strategy of gradual reforms rather than quick and radical changes, especially in such important areas of people’s lives as the economy, politics and religion. Slavery is almost as obviously against the spirit of Shariah as idolatry, but the latter has a spiritual aspect and can be rationally challenged, while the former is rooted in the economic basis and, therefore, could not be abolished by law until socio-economic background is created. However, the whole logic of the Shariah regulations on this topic indicates a direct focus on the eradication of slavery and the prevention of its reappearance. |
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| ISSN: | 2658-5448 |