Features of law-making in Islamic law

The author examines various aspects of the law-making process in Muslim law. It should be emphasized that the use of the term "law-making" in relation to Muslim law is very conditional, since in accordance with Islamic religious dogmas, Allah is the only Legislator. The task of the state and other entities is to implement the law created by Allah, its correct interpretation and application. To form a systematic view of the process of lawmaking in Islamic law, it is necessary to analyze a number of issues, in particular, the main methods of deducing legal norms from primary sources – the Quran and the Sunnah; the concept, subjects and stages of Ijtihad; the role of state rulemaking in Islamic law. This article is devoted to these and a number of other issues related to the process of forming legal norms in Islamic law. The methodological basis of the research consists of dialectics as a universal method of cognition, as well as private scientific methods – historical and comparative legal. The relevance of the topic of the article is due to the high level of influence of Islamic law on the legal systems of many modern states, combined with poor coverage of issues related to Muslim law in the domestic legal literature. There are very few works devoted to the diverse consideration of issues of Islamic law-making in Russian legal science. The novelty of this work consists primarily in an attempt to systematically address the issues of law-making in Islam. The author identifies a number of features of law-making in Islamic law, including: a special attitude to the process of "creation" of law; features of the subject composition, sequence and methodology of Ijtihad, which is the main way of forming Islamic legal norms. Understanding the key features of the law-making process in Islamic law is important from both theoretical and practical points of view. The theoretical significance lies in the possibility of using this knowledge in order to form a new, more universal view of key legal categories (law, lawmaking, etc.).