Open AccessMusa Jarullah Bigiyev: the conception of the Muslim Legal System reform
Author(s) -
Dinar R. Zaynutdinov
Publication year - 2022
Publication title -
minbar. islamic studies/minbar. islamskie issledovaniâ
Language(s) - English
Resource type - Journals
eISSN - 2712-7990
pISSN - 2618-9569
DOI - 10.31162/2618-9569-2022-15-1-116-132
Subject(s) - legal realism , legal research , legal pluralism , political science , law , empirical legal studies , jurisprudence , relevance (law) , legal science , terminology , hierarchy , sociology , philosophy , linguistics
Тhe article discusses Musa Jarullah Bigiyev’s legal views on the reform of the Muslim Legal System, which together constitute an integral legal conception. The relevance of the question posed is related to the lack of research in Russian Legal Science devoted to the analysis of Tatar jurists’ legal views, and, in particular, of Musa Bigiyev’s. The research uses the method of comparative jurisprudence, which allows us to consider the ideas of Musa Bigiyev in ratio with the existing legal systems of Western European states. The paper also deals with the method of legal hermeneutics, which allows to interpret various legal ideas of Musa Bigiyev, taking into account the established terminology and concepts in the theory and history of the state and law. The novelty of the study is determined by the fact that it comes among the fi rst papers that summarize Musa Bigiyev’s views on the reform of the Muslim Legal System. The reform that supposes revising the hierarchy of sources of Islamic Law, strengthening the role of the legislative act, and activating lawmaking. The conclusion describes the signifi cance of Musa Bigiyev’s legal ideas on the development of the Muslim Legal System.