Religious law

Source: Wikipedia, the free encyclopedia.

Religious law includes

religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable[1] and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled[2] as in theologies of grace over law
.

Examples of religiously derived legal codes include Christian canon law (applicable within a wider theological conception in the church, but in modern times distinct from secular state law[3]), Jewish halakha, Islamic sharia, and Hindu law.[4]

Established religions and religious institutions

A

form of government in which a God or a deity
is recognized as the supreme civil ruler.

In both theocracies and some religious jurisdictions,

multicultural
societies in which the government does not formally adopt a particular religion, but may either repress all religious activity or enforce tolerance of religious diversity.

Baháʼí Faith

Main article: Baháʼí laws

`Abdu'l-Bahá and Shoghi Effendi and legislation by the Universal House of Justice.[6] Baháʼí law is presented as a set of general principles and guidelines and individuals must apply them as they best seem fit.[6] While some of the social laws are enforced by Baháʼí institutions, the emphasis is placed on individuals following the laws based on their conscience, understanding and reasoning, and Baháʼís are expected to follow the laws for the love of Bahá'u'lláh.[6] The laws are seen as the method of the maintenance of order and security in the world.[5]

A few examples of laws and basic religious observances of the Kitáb-i-Aqdas which are considered obligatory for Baháʼís include:

  • 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 Baháʼís 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.

Buddhism

Main article: Pāṭimokkha
See also: Dhammasattha

In Buddhism, Patimokkha is a code of 227 rules and principles followed by Buddhist monks and nuns.[7]

Christianity

Further information: Legalism (theology) and Letter and spirit of the law
See also: Antinomianism, Christian ethics, and Render unto Caesar
The Corpus Juris Canonici, the fundamental collection of Catholic canon law for over 750 years.

Within the framework of

Apostolic Decree of Acts 15, which is still observed by the Greek Orthodox Church.[8] Another is canon law in the Catholic, Anglican, and Orthodox
churches.

In some

atonement made by Jesus on the cross. From the Gospel of John
:

John 1:16-18

— And of his fullness have all we received, and grace for grace. For the law was given by Moses, but grace and truth came by Jesus Christ., KJV

Biblical/Mosaic law

Further information: Biblical law § Christianity

Christian views of the

Jewish Christianity
movement is virtually extinct. According to the New Testament Christians are no longer regarded as Gentiles (Romans 8: 28–29)

Canon law

Main article: Canon law

Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority for the governance of the Christian organization and its members. It is the internal ecclesiastical law governing the

Hebrew
kaneh / קנה, for rule, standard, or measure); these canons formed the foundation of canon law.

Canons of the Apostles

Main article: Apostolic Canons

The

Ante-Nicene Fathers

Catholic Church

Scale of justice
Part of a series on the
Canon law of the
Catholic Church
Ius vigens (current law)
Legal history
Jus antiquum (c. 33-1140)

Jus novum (c. 1140-1563)

Jus novissimum (c. 1563-1918)

Jus codicis (1918-present)

Other

Eastern law
Liturgical law
Latin Church
Sacramental law

Sacraments

Sacramentals

Sacred places

  • Altars
  • Major basilica
  • Minor basilica
  • Oratory (chapel)

Sacred times

Matrimonial law
Supreme authority, particular
churches, and canonical structures
Supreme authority of the Church

Supra-diocesan/eparchal structures

Particular churches

Juridic persons

Jurisprudence

Philosophy, theology, and fundamental theory of Catholic canon law

Temporal goods (property)
Law of persons

Clerics

Office


Juridic and physical persons


Associations of the faithful


Consecrated life
Canonical documents
Penal law
Procedural law
Pars statica (tribunals & ministers/parties)

Pars dynamica (trial procedure)

Canonization

Election of the Roman Pontiff

Legal practice and scholarship
  • List of legal abbreviations

Academic degrees

Journals and Professional Societies

Faculties of canon law

  • School of Canon Law

Canonists

Law of consecrated life

Institute of consecrated life

Society of apostolic life

Catholicism portal

The

particular churches sui iuris
.

Positive ecclesiastical laws derive formal authority in the case of universal laws from

Supreme Pontiff—who possesses the totality of legislative, executive, and judicial power in his person,[16]
while particular laws derive formal authority from promulgation by a legislator inferior to the supreme legislator, whether an ordinary or a delegated legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition.

It has all the ordinary elements of a mature legal system:[17] laws, courts, lawyers, judges,[17] a fully articulated legal code for the Latin Church as well as a code for the Eastern Catholic Churches,[18] principles of legal interpretation,[19] and coercive penalties.[20] It lacks civilly binding force in most secular jurisdictions. Those who are versed and skilled in canon law, and professors of canon law, are called canonists[21] (or colloquially, canon lawyers).[22] Canon law as a sacred science is called canonistics.

The jurisprudence of Catholic canon law is the complex of legal principles and traditions within which canon law operates, while the philosophy, theology, and fundamental theory of Catholic canon law are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as a legal system and as true law.

In the

Ecumenical" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the Bishop of Rome) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented with decretals
of the Bishops of Rome, which were responses to doubts or problems according to the maxim, Roma locuta est, causa finita est ("Rome has spoken, case is closed").

Later, they were gathered together into

papal legislation was published in periodic volumes called Bullaria
.

By the 19th century, this body of legislation included some 10,000 norms, many difficult to reconcile with one another due to changes in circumstances and practice. This situation impelled

Pius X, it was sometimes called the "Pio-Benedictine Code" but more often the 1917 Code. In its preparation, centuries of material was examined, scrutinized for authenticity by leading experts, and harmonized as much as possible with opposing canons and even other Codes, from the Codex of Justinian to the Napoleonic Code
.

Ecumenical Council, and an updating to the 1917 Code. After the Second Ecumenical Council of the Vatican (Vatican II) closed in 1965, it became apparent that the Code would need to be revised in light of the documents and theology of Vatican II. After multiple drafts and many years of discussion, Pope John Paul II promulgated the revised Code of Canon Law (CIC) in 1983
. Containing 1752 canons, it is the law currently binding on the Latin (Western) Roman Church.

The canon law of the Eastern Catholic Churches, which had developed some different disciplines and practices, underwent its own process of codification, resulting in the Code of Canons of the Eastern Churches promulgated in 1990 by Pope John Paul II.

The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern Civil law and Common law bear the influences of canon law. Edson Luiz Sampel, a Brazilian expert in canon law, says that canon law is contained in the genesis of various institutes of civil law, such as the law in continental Europe and Latin American countries. Sampel explains that canon law has significant influence in contemporary society.

Currently, all

Vicars General and Episcopal Vicars are to be doctors or at least licensed in canon law or theology (c. 478.1), and canonical advocates must either have the doctorate or be truly expert in canon law (c. 1483). Ordinarily, bishops are to have advanced degrees in sacred scripture, theology, or canon law (c. 378.1.5). St. Raymond of Penyafort
(1175–1275), a Spanish Dominican priest, is the patron saint of canonists, due to his important contributions to the science of canon law.

Orthodox Churches

The Greek-speaking Orthodox have collected canons and commentaries upon them in a work known as the Pēdálion (Greek: Πηδάλιον, "Rudder"), so named because it is meant to "steer" the Church. The Orthodox Christian tradition in general treats its canons more as guidelines than as laws, the

Ecumenical Councils
(which deliberated in Greek) meant for the canons to be used as laws, they would have called them nómoi/νόμοι (laws) rather than kanónes/κανόνες (rules), but almost all Orthodox conform to them. The dogmatic decisions of the Councils, though, are to be obeyed rather than to be treated as guidelines, since they are essential for the Church's unity.

Anglican Communion

Main article:
Canon law (Anglican Communion)

In the

LL.D. from Cambridge. Such lawyers (called "doctors" and "civilians") were centred at "Doctors Commons", a few streets south of St Paul's Cathedral in London, where they monopolized probate, matrimonial, and admiralty cases until their jurisdiction was removed to the common law
courts in the mid-19th century. (Admiralty law was also based on civil law instead of common law, thus was handled by the civilians too.)

Covenanters confronting the Bishops of Aberdeen following the convention at Muchalls Castle
and other revolts across Scotland earlier that year.

Other churches in the

Episcopal Church in the United States and the Anglican Church of Canada
) still function under their own private systems of canon law.

Presbyterian and Reformed Churches

Main article: Presbyterian polity

In Presbyterian and Reformed Churches, canon law is known as "practice and procedure" or "church order", and includes the church's laws respecting its government, discipline, legal practice and worship.

Lutheranism

The

doctrinal statement of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since the 16th century.[23]
However, the Book of Concord is a confessional document (stating orthodox belief) rather than a book of ecclesiastical rules or discipline, like canon law. Each Lutheran national church establishes its own system of church order and discipline, though these are not referred to as "canons".

The United Methodist Church

The Book of Discipline contains the laws, rules, policies and guidelines for The United Methodist Church. It is revised every four years by the General Conference, the law-making body of The United Methodist Church; the last edition was published in 2016.[24]

Hinduism

Main article: Hindu law
See also: Dharmaśāstra

Hindu law, a term of colonial origin, is derived from Hindu texts such as the Vedas, Upanishads, Dharmashastras, Puranas, Itihasas, Dharmasutras, Grihya Sutras, Arthashastra and Niti Shastras.

Islam

Further information: Sharia, Fiqh, and Application of Sharia by country
A manuscript of Ibn Hanbal's legal writings, produced October 879.

Maliki school of law
also, 'amal ahlil madinah (the practices of the people of Medina) is also included.

Muslims believe the sharia is

Allah's law, but they differ as to what exactly it entails.[25]
Modernists, traditionalists and fundamentalists all hold different views of sharia, as do adherents to different schools of Islamic thought and scholarship. Different countries, societies and cultures have varying interpretations of sharia as well.

Sharia deals with many topics addressed by secular law, including

qadis. The imam
has varying responsibilities depending on the interpretation of sharia; while the term is commonly used to refer to the leader of communal prayers, the imam may also be a scholar, religious leader, or political leader.

The reintroduction of sharia is a longstanding goal for

Islamist movements in Muslim countries. Some Muslim minorities in Asia (e.g., in India) have maintained institutional recognition of sharia to adjudicate their personal and community affairs. In Western countries, where Muslim immigration is more recent, Muslim minorities have introduced sharia family law for use in their own disputes with varying degrees of success, e.g., Britain's Muslim Arbitration Tribunal. Attempts by Muslims to impose sharia on non-Muslims in countries with large Muslim populations have been accompanied by controversy,[26][27][28] violence,[29][30][31][32][33][34] and even warfare (cf. Second Sudanese Civil War).[35][36]

Jainism

Main article:
Jain ethical code

Jain law or Jaina law refers to the modern interpretation of ancient Jain Law that consists of rules for adoption, marriage, succession and death for the followers of Jainism.[37]

Judaism

Main article: Halakha
See also: Sanhedrin

First Jewish-Roman War
, the Oral Law was developed through intensive and expansive interpretations of the written Torah.

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 based on Talmudic literature and Responsa. The most influential code, the Shulchan Aruch, guides the religious practice of most Orthodox and some Conservative Jews.

According to rabbinic tradition there are

613 mitzvot in the written Torah. The mitzvot in the Torah (also called the Law of 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. Some laws are only applicable when there is a Temple in Jerusalem (see Third Temple
).

See also

References

  1. ^ "In history, systems of law have almost always been based on religion: decisions regarding what was to be lawful among men were taken with reference to the divinity. Unlike other great religions, Christianity has never proposed a revealed law to the State and to society, that is to say a juridical order derived from revelation. Instead, it has pointed to nature and reason as the true sources of law" ("Address of His Holiness Pope Benedict XVI to the Reichstag". Retrieved 2019-12-16.).
  2. ^ "SUMMA THEOLOGIAE: The moral precepts of the old law (Prima Secundae Partis, Q. 100)". www.newadvent.org. Retrieved 2020-03-19.
  3. ^ Ladislas Orsy, "Towards a Theological Conception of Canon Law" (published in Jordan Hite, T.O.R., & Daniel J. Ward, O.S.B., "Readings, Cases, Materials in Canon Law: A Textbook for Ministerial Students, Revised Edition" (Collegeville, MN: The Liturgical Press, 1990), pg. 11
  4. ^ Gad Barzilai, Law and Religion, Ashgate, 2007
  5. ^
    ISBN 978-0-521-86251-6
    .
  6. ^ a b c Smith 2008, pp. 159[citation not found]
  7. ^ "Pāṭimokkha | The Buddhist Monastic Code, Volumes I & II". www.dhammatalks.org. Retrieved 2022-04-15.
  8. Contra Faustum, where he states that the Apostles had given this command in order to unite the heathens and Jews in the one ark of Noah; but that then, when the barrier between Jewish and heathen converts had fallen, this command concerning things strangled and blood had lost its meaning, and was only observed by few. But still, as late as the eighth century, Pope Gregory the Third (731) forbade the eating of blood or things strangled under threat of a penance of forty days. No one will pretend that the disciplinary enactments of any council, even though it be one of the undisputed Ecumenical Synods
    , can be of greater and more unchanging force than the decree of that first council, held by the Holy Apostles at Jerusalem, and the fact that its decree has been obsolete for centuries in the West is proof that even Ecumenical canons may be of only temporary utility and may be repealed by disuse, like other laws."
  9. ^ "Canon law". Catholic Encyclopedia. Retrieved 2008-05-26.
  10. ^ "Catholic Encyclopedia: Apostolic Canons". New Advent. Retrieved 2008-05-26.
  11. ^ "The Ecclesiastical Canons of the Same Holy Apostles". Ante-Nicene Fathers, Vol VII. Retrieved 2008-05-26.
  12. ^ Black's Law Dictionary, 5th Edition, pg. 771: "Jus canonicum"
  13. ^ Della Rocca, Manual of Canon Law, pg. 3
  14. ^ Berman, Harold J. Law and Revolution, pg. 86 & pg. 115
  15. Dr. Edward N. Peters, CanonLaw.info Home Page
    , accessed June-11-2013
  16. ^ Canon 331, 1983 Code of Canon Law
  17. ^ a b Edward N. Peters, "A Catechist's Introduction to Canon Law" Archived 2017-08-02 at the Wayback Machine, CanonLaw.info, accessed June-11-2013
  18. ^ Manual of Canon Law, pg. 49
  19. ^ "Code of Canon Law: text - IntraText CT". www.intratext.com. Retrieved 2020-03-19.
  20. ^ St. Joseph Foundation newsletter, Vol. 30 No. 7 Archived 2014-07-14 at the Wayback Machine, pg. 3
  21. ^ Black's Law Dictionary, 5th Edition, pg. 187: "Canonist"
  22. ^ Berman, Law and Revolution, pg. 288
  23. ^ F. Bente, ed. and trans., Concordia Triglotta, (St. Louis: Concordia Publishing House, 1921), p. i
  24. ^ Book of Discipline (United Methodist)
  25. ^ Otto, Jan Michiel (2008). p. 7. "When people refer to the sharia, they are in fact referring to their sharia, in the name of the eternal will of the Almighty God."
  26. ^ Hamann, Katie (December 29, 2009). "Aceh's Sharia Law Still Controversial in Indonesia". Voice of America. Retrieved September 19, 2011.
  27. ^ Iijima, Masako (January 13, 2010). "Islamic Police Tighten Grip on Indonesia's Aceh". Reuters. Retrieved September 18, 2011.
  28. ^ "Aceh Sharia Police Loved and Hated". The Jakarta Post.
  29. ^ Staff (January 3, 2003). "Analysis: Nigeria's Sharia Split". BBC News. Retrieved September 19, 2011. "Thousands of people have been killed in fighting between Christians and Muslims following the introduction of sharia punishments in northern Nigerian states over the past three years".
  30. ^ Harnischfeger, Johannes (2008) p. 16. "When the Governor of Kaduna announced the introduction of Sharia, although non-Muslims form almost half of the population, violence erupted, leaving more than 1,000 people dead" (p. 189). "When a violent confrontation loomed in February 200?, because the strong Christian minority in Kaduna was unwilling to accept the proposed sharia law, the sultan and his delegation of 18 emirs went to see the governor and insisted on the passage of the bill."
  31. ^ Mshelizza, Ibrahim (July 28, 2009). "Fight for Sharia Leaves Dozens Dead in Nigeria – Islamic Militants Resisting Western Education Extend Their Campaign of Violence". The Independent. Retrieved September 19, 2011.
  32. ^ "Nigeria in Transition: Recent Religious Tensions and Violence" Archived 2013-11-05 at the Wayback Machine. PBS.
  33. ^ Staff (December 28, 2010). "Timeline: Tensions in Nigeria – A Look at the Country's Bouts of Inter-Religious and Ethnic Clashes and Terror Attacks". Al Jazeera English. Retrieved September 19, 2011. "Thousands of people are killed in northern Nigeria as non-Muslims opposed to the introduction of sharia, or Islamic law, fight Muslims who demand its implementation in the northern state of Kaduna.".
  34. ^ Ibrahimova, Roza (July 27, 2009). "Dozens Killed in Violence in Northern Nigeria" (video (requires Adobe Flash; 00:01:49)). Al Jazeera English. Retrieved September 19, 2011. "The group Boko Haram, which wants to impose sharia (Islamic law) across the country, has attacked police stations and churches."
  35. ^ Library of Congress Country Studies: Sudan:. "The factors that provoked the military coup, primarily the closely intertwined issues of Islamic law and of the civil war in the south, remained unresolved in 1991. The September 1983 implementation of the sharia throughout the country had been controversial and provoked widespread resistance in the predominantly non-Muslim south. ...Opposition to the sharia, especially to the application of hudud (sing., hadd), or Islamic penalties, such as the public amputation of hands for theft, was not confined to the south and had been a principal factor leading to the popular uprising of April 1985 that overthrew the government of Jaafar an Nimeiri."
  36. ^ "FRONTLINE/WORLD . Sudan - The Quick and the Terrible . Facts and Stats | PBS". www.pbs.org. Retrieved 2020-03-19.
  37. ISBN 9788188677016

Further reading

  • Norman Doe. Comparative Religious Law: Judaism, Christianity, Islam. Cambridge: Cambridge University Press, 2018.
  • Buddhism and Law: An Introduction. Edited by Rebecca Redwood French and Mark A. Nathan. Cambridge: Cambridge University Press, 2014. Pp. 407.- Volume 31. Issue 1.
  • Ulanov, M.S., Badmaev, V.N., Holland, E.C. Buddhism and Kalmyk Secular Law in the Seventeenth to Nineteenth Centuries. Inner Asia, 2017, no.19, pp. 297–314.

External links
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