erstanding of the law - Sunit and Shiit. The Sunit concept of the state is connected with the caliphate, in which the head of the state (the caliph) is assigned with the main authorities. At the same time the caliph at decision of different state questions must keep the principle of consulting, according to which he must consult with religious elite of the Islamic society. The Shiit concept of the understanding of the Islamic state is connected with formation of the Islamic state - imamate, in which the head of the state (imam) concentrates the whole fullness of religious and mundane authorities., In spite of existing pluralism of doctrines of the Islamic state, it is possible to characterize it as the state, created by the Allah for ensuring conditions of vital activity of the Moslem people and for possibility of coexistence with the citizens not Moslems on the principles of the Islamic law. According to the Islamic concepts of the state, its main purpose is considered in relatedness of all its bodies with the Islamic law and orientation of their activity to realization of its prescriptions.
ІV. Particularities of the Islamic concept of the state
main particularity of the Islamic concept of the state is in subservience of its whole activity to the basic principles of the Islamic law, in other words, the Islamic law has overstate nature since it fixes the fundamentals of the state system, principles of organization and activity of the state mechanism. It also assumes realization of control over activity of the state on the part of the people which must be realized in accordance with prescriptions of the Islamic law. It fixes the principle of responsibility of the Islamic state before its own people.Islamic concept of the state assumes realization of a number of the concrete institutes and norms of the Islamic law at realization of the state activity. First of all, it pertains to the principle of consultation raquo ;. In a number of the Islamic countries the head of the state is presented by the consultative body, whose principles of formation and activity considerably correspond to the Islamic legal concept of the consulting rule. For instance, according to the Constitutions of Qatar, the Consulting Council is assigned by the emir, and his functions are to give advice to the head of the state, which is given the power to pass the laws solely after consultations with the given body. central institute of the sunit state-legal concept is the caliph - the head of the state and of the commune of orthodox, assigned with mundane and spiritual authorities. The Shiit presentations about the a power (the state), defending its exclusive nature and differing in this way from the sunit theory, have its specifics, which reveals itself in consideration of the questions of the structure of the state in close relation with the general concept of the power and develops the broad circle of other problems, having the direct relation to policy, democracy, political mode, ruling [15] .main constitutional principle, reflecting influence of Islamic institutes and norms on the state law and simultaneously acting as the legal basis of such influence, is recognition the Islam as the state religion, which exists in approximately 40 countries. Such positions have, for instance, constitutions of the Jordan, UAE, Tunisia, Qatar, Egypt, Pakistan and others. For instance, Article.2 of the Constitution of Egypt proclaims that Islam is the state religion of Egypt [16] .to R. David many states with the Moslem population still continue to declare in their laws and often even in constitutions about faithfulness to the principle of Islam. The subservience of the state to these principles is proclaimed in the constitution of Morocco, Tunisia, Algeria, Mauritania, Iran, Pakistan. The civil codes of Egypt (1948.), Algeria (1975.), Iraq (1951.) offer the judges to fill the gaps of the law, following the principle of the Islamic law. The constitution of Iran and laws of Indonesia provide the procedure, providing their correspondence to the principles of the Islamic law" [17]., In many Islamic countries, having the Main law, the highest legal force is recognized, however, for the Koran. Parallel to the norms of the mundane law there act the positions of the Islamic law. The sphere of their spreading is different. As a rule, it covers relations of the personal status, but can leave these frames, including civil, administrative and criminal relations. The later is characteristic for countries of the Arabian Peninsula and Pakistan, in which the constitutional amendments in 1980 fixed in the mundane legislation of Pakistan such traditionally Moslem institutes, as religious taxes, punishments, cutting off hands, beating stones, obligatory prayer for state officials and the post. The legal responsibility is installed for non-observance of these rules.more consequent r...
