Religious law includes
ethical and
moral codes taught by
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
Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in th ...
,
Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...
and the
Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as
Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global popula ...
generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of
grace over law.
Examples of religiously derived legal codes include
Christian canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
(applicable within a wider theological conception in the church, but in modern times distinct from secular state law),
Jewish ''
halakha'',
Islamic ''
sharia'', and
Hindu law.
Established religions and religious institutions
A
state religion (or
established church) is a religious body officially endorsed by the
state. A
theocracy
Theocracy is a form of government in which one or more deities are recognized as supreme ruling authorities, giving divine guidance to human intermediaries who manage the government's daily affairs.
Etymology
The word theocracy originates fr ...
is 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,
conscientious objectors may cause
religious offense. The contrary legal systems are
secular states or
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
Baháʼí laws are laws and ordinances used in the
Baháʼí Faith and are a fundamental part of Baháʼí practice.
The laws are based on authenticated texts from
Bahá'u'lláh, the founder of the Baháʼí Faith, subsequent interpretations from
`Abdu'l-Bahá and
Shoghi Effendi and legislation by the
Universal House of Justice.
Baháʼí law is presented as a set of general principles and guidelines and individuals must apply them as they best seem fit.
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.
The laws are seen as the method of the maintenance of order and security in the world.
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
In
Buddhism
Buddhism ( , ), also known as Buddha Dharma and Dharmavinaya (), is an Indian religion or philosophical tradition based on teachings attributed to the Buddha. It originated in northern India as a -movement in the 5th century BCE, and ...
,
Patimokkha is a code of 227 rules and principles followed by
Buddhist monks
A ''bhikkhu'' (Pali: भिक्खु, Sanskrit: भिक्षु, ''bhikṣu'') is an ordained male in Buddhist monasticism. Male and female monastics (" nun", ''bhikkhunī'', Sanskrit ''bhikṣuṇī'') are members of the Sangha (Buddhist ...
and
nuns.
Christianity
Within the framework of
Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global popula ...
, there are several possible definitions for religious law. One is the
Mosaic Law (from what Christians consider to be the
Old Testament), also called
Divine Law or
biblical law Biblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity.
Judaism
* Law of Moses
* Mitzvah, divine commandment
** The Ten Commandments
** 613 commandments
* Seven Laws of Noah, laws applicable to all o ...
; the most famous example is the
Ten Commandments. Another is the instructions of
Jesus of Nazareth to his
disciples
A disciple is a follower and student of a mentor, teacher, or other figure. It can refer to:
Religion
* Disciple (Christianity), a student of Jesus Christ
* Twelve Apostles of Jesus, sometimes called the Twelve Disciples
* Seventy disciples in t ...
in the
Gospel (often referred to as
the Law of Christ or the
New Commandment
The New Commandment is a term used in Christianity to describe Jesus's commandment to "love one another" which, according to the Bible, was given as part of the final instructions to his disciples after the Last Supper had ended, and after J ...
or the
New Covenant, in contrast to the
Old Covenant). Another is the
Apostolic Decree of Acts 15, which is still observed by the
Greek Orthodox Church. Another is
canon law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...
in the
Catholic
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
,
Anglican, and
Orthodox churches.
In some
Christian denominations, law is often contrasted with
grace
Grace may refer to:
Places United States
* Grace, Idaho, a city
* Grace (CTA station), Chicago Transit Authority's Howard Line, Illinois
* Little Goose Creek (Kentucky), location of Grace post office
* Grace, Carroll County, Missouri, an uninc ...
(see also
Law and Gospel and
Antithesis of the Law
Matthew 5 is the fifth chapter of the Gospel of Matthew in the New Testament. It contains the first portion of the Sermon on the Mount, the other portions of which are contained in chapters 6 and 7. Portions are similar to the Sermon on the P ...
): the contrast here speaks to an attempt to gain
salvation by
obedience to a code of laws as opposed to seeking salvation through faith in the
atonement made by
Jesus
Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label= Hebrew/ Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and relig ...
on the cross. From
the Gospel of John
The Gospel of John ( grc, Εὐαγγέλιον κατὰ Ἰωάννην, translit=Euangélion katà Iōánnēn) is the fourth of the four canonical gospels. It contains a highly schematic account of the ministry of Jesus, with seven "si ...
:
Biblical/Mosaic law
Christian views of the
Old Covenant vary and are to be distinguished from
Christian theology,
ethics
Ethics or moral philosophy is a branch of philosophy that "involves systematizing, defending, and recommending concepts of right and wrong behavior".''Internet Encyclopedia of Philosophy'' The field of ethics, along with aesthetics, concer ...
, and
practice
Practice or practise may refer to:
Education and learning
* Practice (learning method), a method of learning by repetition
* Phantom practice, phenomenon in which a person's abilities continue to improve, even without practicing
* Practice-based ...
. The term "Old Covenant", also referred to as the
Mosaic covenant
The Mosaic covenant (named after Moses), also known as the Sinaitic covenant (after the biblical Mount Sinai), refers to a covenant between God and the Israelites, including their proselytes, not limited to the ten commandments, nor the event wh ...
and the
Law of Moses, refers to the statements or principles of religious law and
religious ethics codified in the first five books or ''
Pentateuch'' of the
Old Testament. Views of the Old Covenant are expressed in the
New Testament, such as
Jesus
Jesus, likely from he, יֵשׁוּעַ, translit=Yēšūaʿ, label= Hebrew/ Aramaic ( AD 30 or 33), also referred to as Jesus Christ or Jesus of Nazareth (among other names and titles), was a first-century Jewish preacher and relig ...
'
antitheses of the law, the
circumcision controversy in Early Christianity, and the
Incident at Antioch
The incident at Antioch was an Apostolic Age dispute between the apostles Paul and Peter which occurred in the city of Antioch around the middle of the first century. The primary source for the incident is Paul's Epistle to the Galatians . Since ...
and position of
Paul the Apostle and Judaism. Most Christians hold that
only parts are applicable, while some
Protestants have the view that
none is applicable.
Dual-covenant theologians have the view that only
Noahide Laws apply to
Gentiles. The
Jewish Christian
Jewish Christians ( he, יהודים נוצרים, yehudim notzrim) were the followers of a Jewish religious sect that emerged in Judea during the late Second Temple period (first century AD). The Nazarene Jews integrated the belief of Jesus ...
ity movement is virtually extinct. According to the New Testament Christians are no longer regarded as Gentiles (Romans 8: 28–29)
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
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
, the
Eastern and
Oriental Orthodox churches, and the
Anglican Communion of churches. The way that such church law is
legislated, interpreted and at times
adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was initially a rule adopted by a
church council
A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word ''synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin word meani ...
(From
Greek ''kanon'' / κανών,
Hebrew kaneh / קנה, for rule, standard, or measure); these canons formed the foundation of canon law.
Canons of the Apostles
The
Canons of the Apostles or ''Ecclesiastical Canons of the Same Holy Apostles'' is a collection of ancient ecclesiastical decrees (eighty-five in the
Eastern, fifty in the
Western Church) concerning the government and discipline of the
Early Christian Church, incorporated with the
Apostolic Constitutions which are part of the
Ante-Nicene Fathers
Catholic Church
The
canon law of the Catholic Church () is the system of
laws and legal principles made and enforced by the
hierarchical authorities of the Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western
legal system and is the oldest continuously functioning legal system in the West, predating the European
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
and
civil law traditions. What began with rules ("canons") adopted by the
Apostles
An apostle (), in its literal sense, is an emissary, from Ancient Greek ἀπόστολος (''apóstolos''), literally "one who is sent off", from the verb ἀποστέλλειν (''apostéllein''), "to send off". The purpose of such sending ...
at the
Council of Jerusalem in the 1st century has blossomed into a highly complex and original legal system encapsulating not just norms of the
New Testament, but some elements of the
Hebrew (
Old Testament),
Roman
Roman or Romans most often refers to:
* Rome, the capital city of Italy
* Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*''Epistle to the Romans'', shortened to ''Romans'', a lett ...
,
Visigothic
The Visigoths (; la, Visigothi, Wisigothi, Vesi, Visi, Wesi, Wisi) were an early Germanic people who, along with the Ostrogoths, constituted the two major political entities of the Goths within the Roman Empire in late antiquity, or what is ...
,
Saxon, and
Celtic legal traditions spanning thousands of years of human experience. while the unique traditions of
Eastern Catholic canon law govern the 23
Eastern Catholic particular churches ''
sui iuris.''
Positive ecclesiastical laws derive formal authority in the case of universal laws from
promulgation by the supreme legislator—the
Supreme Pontiff—who possesses the totality of legislative, executive, and judicial power in his person, 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:
[ laws, courts, lawyers, judges,][ Edward N. Peters]
"A Catechist's Introduction to Canon Law"
CanonLaw.info, accessed June-11-2013 a fully articulated legal code
A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
for the Latin Church
, native_name_lang = la
, image = San Giovanni in Laterano - Rome.jpg
, imagewidth = 250px
, alt = Façade of the Archbasilica of St. John in Lateran
, caption = Archbasilica of Saint Jo ...
as well as a code for the Eastern Catholic Churches
The Eastern Catholic Churches or Oriental Catholic Churches, also called the Eastern-Rite Catholic Churches, Eastern Rite Catholicism, or simply the Eastern Churches, are 23 Eastern Christian autonomous ('' sui iuris'') particular churches of ...
,[Manual of Canon Law, pg. 49] principles of legal interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United Stat ...
, and coercive penalties. 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 (or colloquially, canon lawyers). Canon law as a sacred science is called canonistics.
The jurisprudence of Catholic canon law
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his '' Decretum ...
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 early Church, the first canons were decreed by bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ...
s united in " Ecumenical" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the Bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ...
of Rome
, established_title = Founded
, established_date = 753 BC
, founder = King Romulus ( legendary)
, image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg
, map_caption ...
) 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 collections
Collection or Collections may refer to:
* Cash collection, the function of an accounts receivable department
* Collection (church), money donated by the congregation during a church service
* Collection agency, agency to collect cash
* Collection ...
, both unofficial and official. The first truly systematic collection was assembled by the Camaldolese monk Gratian in the 11th century, commonly known as the ''Decretum Gratiani
The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook b ...
'' ("Gratian's Decree"). Pope
The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...
Gregory IX is credited with promulgating the first official collection of canons called the ''Decretalia Gregorii Noni'' or ''Liber Extra'' (1234). This was followed by the ''Liber Sextus'' (1298) of Boniface VIII, the ''Clementines'' (1317) of Clement V, the '' Extravagantes Joannis XXII'' and the '' Extravagantes Communes'', all of which followed the same structure as the Liber Extra. All these collections, with the Decretum Gratiani
The ''Decretum Gratiani'', also known as the ''Concordia discordantium canonum'' or ''Concordantia discordantium canonum'' or simply as the ''Decretum'', is a collection of canon law compiled and written in the 12th century as a legal textbook b ...
, are together referred to as the '' Corpus Juris Canonici''. After the completion of the ''Corpus Juris Canonici'', subsequent papal legislation was published in periodic volumes called ''Bullaria ''Bullarium'' is a term commonly applied to a collection of papal bulls and other analogous documents, whether the scope of the collection be general in character, or limited to the bulls connected to any particular order, or institution, or locali ...
''.
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 Pope Pius X to order the creation of the first Code of Canon Law, a single volume of clearly stated laws. Under the aegis of Cardinal Pietro Gasparri
Pietro Gasparri, GCTE (5 May 1852 – 18 November 1934) was a Roman Catholic cardinal, diplomat and politician in the Roman Curia and the signatory of the Lateran Pacts. He served also as Cardinal Secretary of State under Popes Benedict XV a ...
, the Commission for the Codification of Canon Law was completed under Benedict XV, who promulgated the Code, effective in 1918. The work having been begun by 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.
Pope John XXIII
Pope John XXIII ( la, Ioannes XXIII; it, Giovanni XXIII; born Angelo Giuseppe Roncalli, ; 25 November 18813 June 1963) was head of the Roman Catholic Church, Catholic Church and sovereign of the Vatican City, Vatican City State from 28 Oc ...
initially called for a Synod
A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word '' synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin word mean ...
of the Diocese of Rome, an Ecumenical Council
An ecumenical council, also called general council, is a meeting of bishops and other church authorities to consider and rule on questions of Christian doctrine, administration, discipline, and other matters in which those entitled to vote ar ...
, 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
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
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 Latin rite Catholic seminary students are expected to take a course in canon law (c. 252.3). Some ecclesiastical officials are required to have the doctorate ( JCD) or at least the licentiate ( JCL) in canon law in order to fulfill their functions: Judicial Vicars (c. 1419.1), Judges (c. 1421.3), Promoters of Justice (c. 1435), Defenders of the Bond (c. 1435). In addition, 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 bishops adjusting them to cultural and other local circumstances. Some Orthodox canon scholars point out that, had 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
In the Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Brit ...
, the ecclesiastical courts that formerly decided many matters such as disputes relating to marriage, divorce, wills, and defamation, still have jurisdiction of certain church-related matters (e.g., discipline of clergy, alteration of church property, and issues related to churchyards). Their separate status dates back to the 11th century when the Normans
The Normans ( Norman: ''Normaunds''; french: Normands; la, Nortmanni/Normanni) were a population arising in the medieval Duchy of Normandy from the intermingling between Norse Viking settlers and indigenous West Franks and Gallo-Romans. ...
split them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the other court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
s of England, the law used in ecclesiastical matters is at least partially a civil law system, not common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
, although heavily governed by parliamentary statutes. Since the Reformation, ecclesiastical courts in England have been royal courts. The teaching of canon law at the universities of Oxford and Cambridge was abrogated by Henry VIII; thereafter practitioners in the ecclesiastical courts
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than ...
were trained in civil law, receiving a Doctor of Civil Law (D.C.L.) degree from Oxford, or an LL.D. from Cambridge. Such lawyers (called "doctors" and "civilians") were centred at "Doctors Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil (as opposed to common) law in London, namely ecclesiastical and admiralty law. Like the Inns of Court of the common lawyers, the society had build ...
", a few streets south of St Paul's Cathedral in London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
, where they monopolized probate, matrimonial, and admiralty
Admiralty most often refers to:
*Admiralty, Hong Kong
*Admiralty (United Kingdom), military department in command of the Royal Navy from 1707 to 1964
*The rank of admiral
*Admiralty law
Admiralty can also refer to:
Buildings
* Admiralty, Traf ...
cases until their jurisdiction was removed to the common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
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.)
Charles I Charles I may refer to:
Kings and emperors
* Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings
* Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily
* Charles I of ...
repealed Canon Law in Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to ...
in 1638 after uprisings of Covenanters confronting the Bishops of Aberdeen following the convention at Muchalls Castle
Muchalls Castle stands overlooking the North Sea in the countryside of Kincardine and Mearns, Aberdeenshire, Scotland. The lower course is a well-preserved Romanesque, double-groined 13th-century tower house structure, built by the Frasers o ...
and other revolts across Scotland earlier that year.
Other churches in the Anglican Communion around the world (e.g., the Episcopal Church in the United States
The Episcopal Church, based in the United States with additional dioceses elsewhere, is a member church of the worldwide Anglican Communion. It is a mainline Protestant denomination and is divided into nine provinces. The presiding bishop of ...
and the Anglican Church of Canada) still function under their own private systems of canon law.
Presbyterian and Reformed Churches
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 Book of Concord
''The Book of Concord'' (1580) or ''Concordia'' (often referred to as the ''Lutheran Confessions'') is the historic doctrinal standard of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since ...
is the historic doctrinal statement of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since the 16th century. 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.
Hinduism
Hindu law is largely based on the Manu Smriti
The ''Manusmṛiti'' ( sa, मनुस्मृति), also known as the ''Mānava-Dharmaśāstra'' or Laws of Manu, is one of the many legal texts and constitution among the many ' of Hinduism. In ancient India, the sages often wrote the ...
(smriti
''Smriti'' ( sa, स्मृति, IAST: '), literally "that which is remembered" are a body of Hindu texts usually attributed to an author, traditionally written down, in contrast to Śrutis (the Vedic literature) considered authorless, that ...
of Manu). It was recognized by the British during their rule of India but its influence waned after the establishment of the Republic of India, which has a secular legal system.
Islam
'' Sharia'', also known as Islamic law ( '')'', is the moral code and religious law of Islam
Islam (; ar, ۘالِإسلَام, , ) is an Abrahamic monotheistic religion centred primarily around the Quran, a religious text considered by Muslims to be the direct word of God (or '' Allah'') as it was revealed to Muhammad, the ...
. Sharia is derived from two primary sources, the precepts set forth in the Quran
The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , ...
and the example set by the Islamic prophet Muhammad
Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mon ...
in the '' sunnah''. Islamic jurisprudence ('' fiqh'') interprets and extends the application of sharia to questions not directly addressed in the primary sources (the Quran and the sunnah) by including secondary sources. These secondary sources usually include the consensus of the sahabah (companions of the prophet) and '' ulama'' (religious scholars) embodied in ''ijma
''Ijmāʿ'' ( ar, إجماع , " consensus") is an Arabic term referring to the consensus or agreement of the Islamic community on a point of Islamic law. Sunni Muslims regard ''ijmā as one of the secondary sources of Sharia law, after the Qur' ...
'', as well as analogy from the Quran and ''sunnah'' through '' qiyas''. In the 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. 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 crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
, politics and economics
Economics () is the social science that studies the production, distribution, and consumption of goods and services.
Economics focuses on the behaviour and interactions of economic agents and how economies work. Microeconomics anal ...
, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, inheritance
Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Of ...
and fasting
Fasting is the abstention from eating and sometimes drinking. From a purely physiological context, "fasting" may refer to the metabolic status of a person who has not eaten overnight (see " Breakfast"), or to the metabolic state achieved after ...
. Where it has official status, sharia is applied by Islamic judges, or 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
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
) 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
The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England. It is one of a range of services (Islamic Sharia Council is another) for Muslims who wish to ...
. Attempts by Muslims to impose sharia on non-Muslims in countries with large Muslim populations have been accompanied by controversy, violence, and even warfare (cf. Second Sudanese Civil War).
Jainism
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.
Judaism
'' Halakha'' ( he, הלכה; literally "walking") is the collective body of rabbinic Jewish
Rabbinic Judaism ( he, יהדות רבנית, Yahadut Rabanit), also called Rabbinism, Rabbinicism, or Judaism espoused by the Rabbanites, has been the mainstream form of Judaism since the 6th century CE, after the codification of the Babylonian ...
religious laws derived from the Written and Oral Torah, including the Mishnah
The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Tor ...
, the halakhic Midrash, the Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...
, and its commentaries. After the destruction
Destruction may refer to:
Concepts
* Destruktion, a term from the philosophy of Martin Heidegger
* Destructive narcissism, a pathological form of narcissism
* Self-destructive behaviour, a widely used phrase that ''conceptualises'' certain kind ...
of the Second Temple by the Romans in the year 70 during the 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
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
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
Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movement which regards the authority of ''halakha'' (Jewish law) and traditions as coming primarily from its people and community through the generatio ...
.
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).
Wicca
The Wiccan Rede is a statement that provides the key moral system in the neopagan religion of Wicca and certain other related witchcraft-based faiths. A common form of the Rede is "An it harm none, do what ye will".
See also
* Doctrine and Covenants
* Ethics in religion
* Law and religion, the interdisciplinary study of religion and law
* Lawsuits against God
Lawsuits against God have occurred in real life and in fiction. Issues debated in the actions include the problem of evil and harmful " acts of God".
Actual suits
Betty Penrose
In 1970, Arizonan lawyer Russel T. Tansie filed a suit against G ...
* Morality and religion
* List of national legal systems
* Religious police
* Rule according to higher law
* Rule of law
References
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
Judaism 101: A List of the 613 Mitzvot (Commandments)
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