The article is devoted to the problem of studying the issues of marriage and family relations in the Muslim theological discourse. Theologians have paid special attention to the institution of the family since the early epoch of the Fiqh, and their works bear witness to this. They contain concise principles with the help of which they justified theological conclusions aimed at solving marital and family problems. A deep analysis of these works helped to identify these principles, the study of which will help modern theologians to understand the goals of Sharia in the field of family relations and will effectively resolve the problems of marriage and family relations.

The article is devoted to the analysis of the Russian theologian Musa Bigiev’s views on accepting modern theological and legal conclusions in Islam, i. e. on the fatwa issuing. After comparing his various works, a conclusion is made about his adherence to absolute ij tihad, not limited to the framework of one madhhab. At the same time, Bigiev gives the main role in this process to the methodology of Islamic law, which, in his opinion, should also be modernized in accordance with the goals of the Shariʻah. This doctrine was fi rst developed in the history of Muslim thought by the medieval faqih Abu Ishaq al-Shatibi, whose work Al-Muwafaqat Bigiev recommends to introduce as a handbook in Islamic educational institutions. According Bigiev’s views, it is necessary to train mujtahids capable of making decisions based on sacred primary sources, system of goals of the Shariʻah and objective conditions of life.