Hussein V. Idrisov1, 2, 3, Asvad G. Kharekhanov4
1Kadyrov Chechen State University, Grozny, Russia, firstname.lastname@example.org, https://orcid.org/0000-0002-7008-8904
2Chechen State Pedagogical University, Grozny, Russia
3Millionshchikov Grozny State Oil Technical University, Grozny, Russia
4Russian Islamic University named Kunta-Khaji, Grozny, Russia, Asvad18@mail.ru
Abstract. Questions of the Muslim legal system, including aspects of legal responsibility, are of current interest to the researcher of these matters, based on the specifics of this legal family and the demand for its study, especially in recent times. Responsibility in the Muslim legal system is based on the provisions of its main sources — the Holy Qurʼan and the Sunnah of the Prophet (SAWS).
The aim of the work is to characterize the responsibility arising from private law relations in the system of Muslim law and to analyze the comparative legal principles (the principle of freedom of contract, good faith and prohibition of harm) of private law regulation in the Muslim legal system and other legal systems of our time.
The research is based on comparative legal method, deduction, formal legal method, synthesis.
In this paper, the author comes to the following main conclusions: in the private law sphere of relations in the Muslim and Western European (Anglo-Saxon and Romano-German) systems of law, there are diverse approaches to its formulation and implementation methods. This is natural due to the specifics of these legal systems. However, we can also talk about the points of contact of the systems. A striking example of this is the existing approaches to implementing the principles of freedom of contract, good faith and illegality of harm. Responsibility in the Muslim legal system is expressed in two forms: religious and, in fact, legal. From the religious point of view, responsibility is characterized as a punishment, the retribution of God for human, who violates the rules and prohibitions established by the main sources of Sharia — the Holy Koran and the Sunnah of the Prophet (SAWS). Such retribution awaits a person for sinful actions on the Judgment Day. From the legal point of view, responsibility is related to state coercion in the form of applying or threatening to apply sanctions to an individual as a result of violating the norms established by the Holy Koran, the Sunnah of the Prophet (SAWS) and other sources of the Muslim legal system. This is a very mundane punishment that the individual undergoes in worldly life.
Keywords: the Holy Qurʼan, the Sunnah of the Prophet (SAWS), the principle of freedom of contract, the principle of good faith, responsibility, the Muslim system of law
For citation. Idrisov H. V., Kharekhanov A. G. Institute of Responsibility in the Regulation of Private Legal Relations in the Muslim Legal System. Journal of Russian Law, 2021, vol. 25, no. 11, pp. 54—72. (In Russ.) DOI: 10.12737/jrl.2021.135
Full text in Russian