and adaptation to them of pre-Islamic norms and institutes of both Arabic, non Arabic parts of Islamic population. During the period of ruling of dynasty of Omeyyad caliphate began to take the mundane nature.the course of development of the Islamic law there appears Islamic concept of the state. According to A.Kh. Saidov all offers about reforms in the Islamic state and law contradicted the traditional Islamic doctrine, according to which divine prescription are immutable and must not be stipulated in legislative frames. However, the process of legislative reforms started, and the sphere of relations, which were earlier specified only by the Islamic law, was invaded with statutory sources of the European origin. This process started in the middle of XIX century, has touched, first of all, the spheres, in which conflict with traditional Islamic law was not too sharp [6] .further development of the Islamic concept of the state has brought to recognition and justification of existence of separate Islamic states as the alternative of the historic model of the united Islamic state - the caliphate.
. The main doctrines of the Islamic state
formation and evolution of Islamic doctrines about the state, it is necessary to note that in the first centuries of Islam (VII-X centuries.) the problems of state power were not essentially found in the highlight of the Islamic-legal science. Formed as the theocratic state, the caliphate since the first days of its existence was based on the principle of unity of spiritual and mundane authorities on behalf of the leader of the Islamic state - the caliph. The statutory prescriptions of the Koran and Sunni do not give the exact instructions for the forms of state system and mechanisms of regulation of activity of the Islamic state. However interpreters of the Koran and Sunni rather freely interpreted the holy texts and created the special works, reflecting the Islamic concept of the state. The background idea, which they followed, is denominated in Koran: the Allah is the single source of the power. At recognition of the supreme sovereignty as the prerogative of the Allah for his envoy Prophet Muhammad there was saved the function of checking for exact performance of his will on the land.Islamic concept of the state was developed later, at the end of the 10th century the beginning of 11th century, ie, when the power of the caliphate at the last period of the ruling of dynasty of Abbasids came to decay. In the Islamic law the ideal state was shown in its theocratic nature. The lawyers considered it necessary to concentrate in the hands of Islamic rulers mundane and spiritual authorities. Actually such state did not exist from the times of formation of Omeyyad caliphate.significant stage in formation of the Islamic concept of the state is teaching of the Islamic lawyer Abdul Hasan Al-Mavardi (974-1058). According to the doctrine Al-Mavardi, the state rests on the two bases. The first is the base of the system, and the second is the base of policy (wise ruling). The base of the system is the religion, power or wealth. The state founded on the religion, is mostly advisable and firm. In the state, founded on the power if the ruler in his own actions keeps the principles of justice and fairness, the people at their own accord delivers him and follows him and as a result such state will be powerful and stable. However if the ruler follows the way of tyranny and despotism, the society will be subjected to destruction. The third type of the state is the state founded on wealth. It, according to Al-Mavardi, is the most sleazy and unstable. The policy has four fundamental principles: the first - construction of cities, the second - provision of safety, the third - organization of the army and the fourth - sufficient finance. According to Al-Mavardi, the ruler is the centre, and the people - is the periphery. Morality of the society depends on morality of the ruler. He expresses the will of the whole уumma and is the keeper of the power, protector of the people. The ruler does not obey to anybody, except the Allah, and the people subordinate to him does not have the right to assign duties on him and to demand their performance from him. [7] .the long period of existence of the Islamic concepts of the state there dominated two approaches for nature of the state, the main difference between which consisted in determination of its correlation with religion.first approach is presented by one of the most significant Islamic theoretic of the law, the supporter of the theocratic concept of the Islamic state Ibn Taymiyi (1263-1328). His position was based on the thesis about unity of the state and religion [8]. Ibn Taymiy considered that the Moslem people are not obliged to save the united caliphate. He considered possible the simultaneous ruling of several imams.standpoint was expressed by the Islamic lawyers, de...
