Religious law
From Wikipedia, the free encyclopedia
In some
religions,
law can be thought of as the ordering principle of
reality;
knowledge as revealed by
God defining and governing all human affairs. Law, in the religious sense, also includes codes of
ethics and
morality which are upheld and required by God. Examples include customary
Halakha (
Jewish law) and
Hindu law, and to an extent,
Sharia (
Islamic law) and
Canon law (
Christian law).
[1]
Sharia and Canon law differ from other religious laws in that Canon law is the codes of law of the
Catholic,
Anglican and
Orthodox churches (like in a
civil law tradition), while Sharia law derives many of its laws from juristic
precedent and reasoning by
analogy (like in a
common law tradition).
Established religions and religious institutions
A
state religion (or
established church) is religious body or
creed officially endorsed by the
state. In some
jurisdictions, this means that they operate
legal systems of their own or play a part in the legal system of those governments.
Canon law is one such sort of legal system; it was administered in
ecclesiastical courts. A
theocracy is a
form of government in which a
God or a
deity is recognized as the supreme civil ruler.
The opposite are
secular states, in which there is a
separation of church and state.
Hinduism
Hindu law is largely ****d on the
Manu Smriti (
smriti of Manu). It was recognized by the
British after their
rule of India but its influenced largely waned after the establishment of the
Republic of India, which is
secular.
See also: Dharmaśāstra
Judaism
The
Torah (also the Five Books of Moses or the Pentateuch) is the basis of God's covenant law, not oral tradition. According to rabbinic tradition there are
613 mitzvot in the Torah;
mitzvot (singular
mitzvah) means "
commandment" or good deed. The mitzvot in the Torah (also called the
Mosaic law after
Moses) pertain to nearly every aspect of human life; some of these laws are directed only to men or to women, some only to the ancient priestly groups (the
Kohanim and
Leviyim, members of the tribe of
Levi, some only to farmers within the
Land of Israel. Many laws were only applicable when the
Temple in Jerusalem existed; after the
destruction of the
Second Temple by the
Romans in the year
70 during the
Great Jewish Revolt, Jewish oral law was developed through intensive and expansive interpretation of the written Torah.
Halakha (
Hebrew: הלכה; literally "walking"), the
rabbinic Jewish way of life is ****d on a combined reading of the Torah, and the oral tradition, including the
Mishnah, the halakhic
Midrash, the
Talmud, and its commentaries. The Halakhah has developed gradually through a variety of legal and quasi-legal mechanisms, including
judicial decisions,
legislative enactments, and
customary law. The literature of questions to rabbis, and their considered answers, are referred to as
responsa. Over time, as practices develop, codes of Jewish law were written ****d on Talmudic literature and responsa. The most important code, the
Shulchan Aruch, guides the religious practice of most
Orthodox and some
Conservative Jews.
See also: Sanhedrin
Christianity
Within the framework of
Christianity, there are at least three possible definitions for law. One is the Torah/Mosaic Law (from what Christians consider to be the
Old Testament) also called
Divine Law. Another is the instructions of
Jesus of Nazareth in the
Gospel (sometimes referred to as
the Law of Christ). A third is
canon law in the
Catholic,
Anglican, and
Orthodox churches; canon law is the organized system of bylaws for the regulation of the affairs of those churches.
In Christianity, law is often contrasted with
grace (see also
Law and Gospel): the contrast here speaks to attempts to gain
salvation by obedience to a code of laws as opposed to seeking salvation through faith in the
atonement made by
Jesus on the cross. Compare
legalism and
antinomianism.
See also: Render unto Caesar... and Letter and spirit of the law
Islam
Muslims in
Islamic societies have traditionally viewed Islamic law as essential. Islamic law is called
Sharia (
Arabic: شريعة, "the street/way") and Islamic
jurisprudence is called
Fiqh. Islamic law is now the most widely used religious law, and one of the three most common
legal systems of the world alongside
common law and
civil law.
[2]
In contrast to other religious laws, Islamic
Sharia law (and
Fiqh jurisprudence) is ****d on legal
precedent and reasoning by
analogy (
Qiyas), and is thus considered a precursor to
common law.
[3] During the
Islamic Golden Age, classical Islamic law had a fairly significant influence on the development of common law,
[4] and also influenced the development of several civil law
institutions.
[5]
In
Sunni Islam, the work of the
imam Ahmad ibn Hanbal (780-855 CE) has been very influential. Ibn Hanbal developed his "Five Basic Juristic Principles," a sort of
hierarchy of authoritative sources of Islamic law:
- According to ibn Hanbal, the Qur'an (القرآن, "recitation") should be the foremost source of all fiqh (فقه; Islamic jurisprudence). The Qur'an is the Islamic holy book. It is regarded by Muslims as the divine guidance and direction and the final revelation to humanity from God (الله), as revealed to the prophet Muhammad by Gabriel over a period of 23 years.
- The Sunnah (سنة, "trodden path" or "the way of the Prophet") is the second-most authoritative source. It is the practices of the Muhammad as narrated in reports of his life, extracted by analysis of the hadith (الحديث), which contain narrations of the Muhammad's sayings, deeds, and the actions of his companions.
- Verdicts issued by Sahaba (الصحابة, "companions") are to be resorted to when no textual evidence was found in the Qur'an or the Sunnah. The Sahaba were the companions of Muhammad. The Sahaba are less important than the Qur'an and the Sunnah, but ibn Hanbal believed that in cases of doubt the Sahaba—who witnessed the revelation of the Qur'an and its implementation by Muhammad—would have a better understanding than latter generations.
- In instances where neither Qur'an nor the Sunnah or the Sahaba were applicable, Ahmad would resort to the mursal hadith ("hurried"), which are hadith with a weak or missing link between the Tabi'in (التابعين, "followers/successors," those who were born after the death of Muhammad but who were contemporary of the Sahaba) and Muhammad.
- According to ibn Hanbal only after having exhausted all of these sources should scholars employ qiyas (قياس), or analogical deduction. Even when this is undertaken, it must be done with utmost care.
The
Hanbali madh'hab (school) alone maintained its own theological view, unlike the
Hanafi (which adopted the
Maturidi doctrine) or the
Shafi`i and
Maliki (which adopted the
Ash'ari doctrine). The copious volume of narrations from Imam Ahmad dealing with specific issues of doctrine made it extremely difficult for his followers to adhere to any other, yet still remain faithful followers.
In recent times, among the
liberal movements within Islam, some have questioned the political use of Sharia law, while others have interpreted Sharia and Fiqh as a
common law system.
[6]
Bahá'í Faith
The laws of the
Bahá'í Faith primarily come from the
Kitáb-i-Aqdas (The Most Holy Book). In Bahá'í scripture the laws are not seen as a constricting code, or a ritual, but are described by Bahá'u'lláh as the "choice wine," and a means to happiness. The laws are seen as the foundation of a just society and facilitate the spiritual development of the planet for the next thousand years. They are not considered as binding to anyone until they become a Bahá'í, and becoming a Bahá'í is not conditional on a person's level of adherence. An individual is expected to gradually apply laws on a personal basis.
Here are a few examples of laws and basic religious observances of the Kitáb-i-Aqdas which are considered obligatory for Bahá'ís:
- Recite an obligatory prayer each day. There are three such prayers among which one can be chosen each day.
- Observe a Nineteen Day Fast from sunrise to sunset from March 2 through March 20. During this time Bahá'ís in good health between the ages of 15 and 70 abstain from eating and drinking.
- Gossip and backbiting are prohibited and viewed as particularly damaging to the individual and their relationships.
References
- ^ Template:Gad Barzilai, Law and Religion, Ashgate, 2007
- ^ Badr, Gamal Moursi (Spring, 1978), "Islamic Law: Its Relation to Other Legal Systems", The American Journal of Comparative Law 26 (2 - Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24-25, 1977): 187-198]
- ^ El-Gamal, Mahmoud A. (2006), Islamic Finance: Law, Economics, and Practice, Cambridge University Press, p. 16, ISBN 0521864143
- ^ Makdisi, John A. (June 1999), "The Islamic Origins of the Common Law", North Carolina Law Review 77 (5): 1635-1739
- ^ Badr, Gamal Moursi (Spring, 1978), "Islamic Law: Its Relation to Other Legal Systems", The American Journal of Comparative Law 26 (2 - Proceedings of an International Conference on Comparative Law, Salt Lake City, Utah, February 24-25, 1977): 187-198 [196-8]
- ^ El-Gamal, Mahmoud A. (2006), Islamic Finance: Law, Economics, and Practice, Cambridge University Press, pp. 16-7, ISBN 0521864143
