Khalifaeva A.K., Goov I.M. The ratio of customary law with Shariah and law of the Russian Empire on the territory of the North Caucasus: a theoretical and historical analysis

Abstract: This article explores the correlation between customary law with Sharia and law of the Russian Empire on the territory of the North Caucasus. The object of this research is the three main elements - local customs (Adat), state law, and Sharia. The author carefully examines such aspects as the correlation between customary law and Sharia law, and then the symbiosis of the early sources of the Russian positive law. The work provides comparative examples of various Caucasian ethnicities. Special attention is given to the distinction between industries and institutions of law, between Adat and Islamic law. The research methodology selected traditional formational and civilizational approaches. The main findings of the study are: when establishing an overall Federal policy towards Muslim and traditional law in the territory of the North Caucasus, the legacy of legal pluralism of the XIX-XX centuries should be taken into account, but not as an example for orientation in form of a cliché, but to account for this phenomenon as a historical experience.

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