RELIGION AS THE BASIS OF LEGAL SYSTEMS OF ASIA

Abstract

The article is devoted to a comprehensive study of the legal nature and features of the religious type of legal system of Asian countries.

The author studies the religious-legal family in the context of legal science and its manifestation in Asian countries. The author emphasizes that Asia is the cradle of many world religions, such as Hinduism, Buddhism, Islam, Judaism, Sikhism and others, which not only influence the spiritual life, but also form the social structure and legal systems of these countries. Special attention is paid to the Muslim legal system, its inextricable connection with Islam, the Quran as the main source, and its significance as a universal political-legal doctrine, which has historical, theoretical and practical value.

The text analyzes in detail the specific features of religious legal systems, in particular on the example of Muslim and Jewish law. The difference in understanding the sources of law is emphasized, where divine revelation acts instead of the legislator, which makes the norms absolute and unchangeable. The features of Jewish law, its mononational character and development in the absence of its own state for a long time are considered. The influence of religion on the formation of Hindu and canon law, as well as the philosophical and religious systems of China is also mentioned.

The conclusion is made that the religions of Asian countries not only shape the worldview of billions of people, but also serve as a source of cultural, artistic and spiritual wealth. Understanding these religions contributes to a better understanding of the traditions and values that unite or divide the peoples of this region.

The need to distinguish religious law and national legal systems in countries belonging to this family is emphasized, and the originality and uniqueness of religious legal systems in comparison with others is also stated.

Modern comparative studies distinguish between a broad and narrow understanding of the legal system. In the broad sense, it is a set of national legal systems that share a common origin of sources of law, basic legal concepts, methods and ways of development. In the narrow sense, it is a national legal system.