Religious law

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Religious law refers to ethical and moral codes taught by religious traditions. Examples include Christian canon law, Islamic sharia, Jewish halakha, and Hindu law. [1]

Ethical codes are adopted by organizations to assist members in understanding the difference between right and wrong and in applying that understanding to their decisions. An ethical code generally implies documents at three levels: codes of business ethics, codes of conduct for employees, and codes of professional practice.

Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. Its adherents, known as Christians, believe that Jesus is the Christ, the Son of God, and the savior of all people, whose coming as the Messiah was prophesied in the Hebrew Scriptures of Judaism, called the Old Testament in Christianity, and chronicled in the New Testament. It is the world's largest religion with over 2.4 billion followers.

Canon law is a set of ordinances and regulations made by ecclesiastical authority, for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. 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 originally a rule adopted by a church council; these canons formed the foundation of canon law.

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Established religions and religious institutions

A state religion (or established church) is a religious body officially endorsed by the state. A theocracy is a form of government in which a God or a deity is recognized as the supreme civil ruler.

State religion religious body or creed officially endorsed by the state

A state religion is a religious body or creed officially endorsed by the state. A state with an official religion, while not secular, is not necessarily a theocracy, a country whose rulers have both secular and spiritual authority. State religions are official or government-sanctioned establishments of a religion, but the state does not need be under the control of the religion nor is the state-sanctioned religion necessarily under the control of the state.

State (polity) Organised community living under a system of government; either a sovereign state, constituent state, or federated state

The term state refers to a form of polity that is typically characterised as a centralized organisation. There is no single, undisputed definition of what constitutes a state. A widely-used definition is a state being a polity that, within a given territory, maintains a monopoly on the use of force, but many other widely used definitions exist.

Theocracy Form of government with religious leaders

Theocracy is defined by the Webster's Encyclopedic Unabridged Dictionary of the English Language as "a form of government in which God or a deity is recognized as the supreme civil ruler. His laws being interpreted by the ecclesiastical authorities." The Merriam-Webster Dictionary defines it as a "government of a state by immediate divine guidance or by officials who are regarded as divinely guided", while the Oxford English Dictionary defines it as "a system of government in which priests rule in the name of God or a god." Therefore, states such as the Papal States or the German prince-bishoprics, while ruled by a cleric, were not theocracies since their civil government was run on the same lines as secular states and did not claim immediate divine guidance.

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.

A conscientious objector is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion.

Religious offense means any action which offends religious sensibilities and arouses serious negative emotions in people with strong belief and which is usually associated with an orthodox response to, or correction of, sin.

Secular state state or country purports to be officially neutral in matters of religion

A secular state is an idea pertaining to secularity, whereby a state is or purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential treatment for a citizen from a particular religion/nonreligion over other religions/nonreligion.

Bahá'í Faith

Bahá'í laws are laws and ordinances used in the Bahá'í Faith and are a fundamental part of Bahá'í practice. [2] The laws are based on authenticated texts from Bahá'u'lláh, the founder of the Bahá'í Faith, subsequent interpretations from `Abdu'l-Bahá and Shoghi Effendi and legislation by the Universal House of Justice. [3] Bahá'í law is presented as a set of general principles and guidelines and individuals must apply them as they best seem fit. [3] While some of the social laws are enforced by Bahá'í institutions, the emphasis is placed on individuals following the laws based on their conscience, understanding and reasoning, and Bahá'ís are expected to follow the laws for the love of Bahá'u'lláh. [3] The laws are seen as the method of the maintenance of order and security in the world. [2]

Bahá'í laws are laws and ordinances used in the Bahá'í Faith and are a fundamental part of Bahá'í practice. The laws are based on authenticated texts from Bahá'u'lláh, the founder of the Bahá'í Faith, and also includes subsequent interpretations from `Abdu'l-Bahá and Shoghi Effendi, and legislation by the Universal House of Justice. Bahá'í 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 Bahá'í institutions, the emphasis is placed on individuals following the laws based on their conscience, understanding and reasoning, and Bahá'ís 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.

Baháí Faith Monotheistic religion

The Bahá'í Faith is a religion teaching the essential worth of all religions, and the unity and equality of all people. Established by Bahá'u'lláh in 1863, it initially grew in Persia and parts of the Middle East, where it has faced ongoing persecution since its inception. It is estimated to have between 5 and 8 million adherents, known as Bahá'ís, spread out into most of the world's countries and territories.

Baháulláh Founder of the Baháí Faith

Bahá'u'lláh, born Mírzá Ḥusayn-`Alí Núrí, was a Persian religious leader, and the founder of the Bahá'í Faith, which advocates universal peace and unity among all races, nations, and religions.

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

Obligatory Bahá'í prayers are prayers which are to be said daily by Bahá'ís according to a fixed form decreed by Bahá'u'lláh. Prayers in the Bahá'í Faith are reverent words which are addressed to God, and refers to two distinct concepts: obligatory prayer and devotional prayer. The act of prayer is one of the most important Bahá'í laws for individual discipline. Along with fasting, obligatory prayer is one of the greatest obligations of a Bahá'í, and the purpose of the obligatory prayer is to foster the development of humility and devotion. The obligation of daily obligatory prayer was prescribed by Bahá'u'lláh, the founder of the Bahá'í Faith, in his book of laws, the Kitáb-i-Aqdas.

Gossip idle talk or rumor, especially about personal or private affairs of others

Gossip is idle talk or rumor, especially about the personal or private affairs of others; the act is also known as dishing or tattling.

Backbiting, backstabbing, or tale-bearing is slandering someone in their absence — to bite them behind their back. Originally, backbiting referred to an unsporting attack from the rear in the blood sport of bearbaiting.

Buddhism

Patimokkha comprises a collection of precepts for bhikkhus and bhikkhunis (Buddhist monks and nuns).

Bhikkhu male Buddhist monk

A bhikkhu is an ordained male monastic ("monk") in Buddhism. Male and female monastics are members of the Buddhist community.

Christianity

Within the framework of Christianity, 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, the most famous example being the Ten Commandments. Another is the instructions of Jesus of Nazareth to his disciples in the Gospel (often referred to as the Law of Christ or the New Commandment 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. [4] Another is canon law in the Catholic, Anglican, and Orthodox churches.

In some Christian denominations, law is often contrasted with grace (see also Law and Gospel and Antithesis of the Law): the contrast here speaks to attempt 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.

Biblical/Mosaic law

Christian views of the Old Covenant are central to Christian theology, ethics, and practice. The term "Old Covenant", also referred to as the Mosaic covenant, the Law of Moses, divine law, Biblical law or God's law, 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' antitheses of the law, the circumcision controversy in Early Christianity, and the Incident at Antioch and position of Paul the Apostle and Judaism. Many traditional Christians have the view that only parts are applicable, many Protestants have the view that none is applicable, dual-covenant theologians have the view that only Noahide Laws apply to Gentiles, and a minority have the view that all are still applicable to believers in Jesus and the New Covenant.

Canon law

Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Roman Catholic Church, the Eastern and Oriental Orthodox churches, and the Anglican Communion of churches. [5] 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 (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 [6] or Ecclesiastical Canons of the Same Holy Apostles [7] 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

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Canon law of the
Catholic Church
046CupolaSPietro.jpg Catholicismportal

The canon law of the Catholic Church (Latin : jus canonicum) [8] 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. [9] It was the first modern Western legal system [10] and is the oldest continuously functioning legal system in the West, [11] predating the common and European civil law traditions. What began with rules ("canons") adopted by the Apostles 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, Visigothic, Saxon, and Celtic legal traditions spanning thousands of years of human experience. while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.

Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, 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, [12] 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: [13] laws, courts, lawyers, judges, [13] a fully articulated legal code for the Latin Church [14] as well as a code for the Eastern Catholic Churches, [14] principles of legal interpretation, [15] and coercive penalties. [16] 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 [17] (or colloquially, canon lawyers). [18] Canon law as a sacred science is called canonistics.

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

In the early Church, the first canons were decreed by bishops united in "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 collections, 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 ("Gratian's Decree"). Pope 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, 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 .

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 the Cardinal Pietro Gasparri, 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 initially called for a Synod of the Diocese of Rome, an 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 Latin-Rite Catholic seminary students are expected to take courses 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 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 split them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the other courts of England the law used in ecclesiastical matters is at least partially a civil law system, not common law, 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 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", 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.)

Charles I repealed Canon Law in Scotland in 1638 after uprisings of Covenanters confronting the Bishops of Aberdeen following the convention at Muchalls Castle 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, 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 is the historic doctrinal statement of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since the 16th century. [19] 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 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 2012. [20]

Hinduism

Hindu law is largely based on the Manu Smriti (smriti 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 (قانون إسلاميqānūn ʾIslāmī), is the moral code and religious law of Islam. Sharia is derived from two primary sources, the precepts set forth in the Quran and the example set by the Islamic prophet Muhammad in the sunnah . Islamic jurisprudence ( fiqh ) interprets and extends the application of sharia to questions not directly addressed in the primary sources by including secondary sources. These secondary sources usually include the consensus of the ulama (religious scholars) embodied in ijma and analogy from the Quran and sunnah through qiyas . Shia jurists prefer to apply reasoning ( 'aql ) rather than analogy in order to address difficult questions.[ citation needed ]

Muslims believe sharia is God's law, but they differ as to what exactly it entails. [21] 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, politics and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and fasting. 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 Israel or 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, [22] [23] [24] violence, [25] [26] [27] [28] [29] [30] and even warfare (cf. Second Sudanese Civil War). [31] [32]

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 (Hebrew : הלכה; literally "walking") is the collective body of rabbinic Jewish religious laws derived from the Written and Oral Torah, including the Mishnah, the halakhic Midrash, the Talmud, and its commentaries. After the destruction 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 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).

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".[ This quote needs a citation ]

See also

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The canon law of the Catholic Church is the system of laws and legal principles made and enforced by the hierarchical authorities of the Catholic 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, while the unique traditions of Oriental canon law govern the 23 Eastern Catholic particular churches sui iuris.

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History of the Eastern Orthodox Church

The history of the Eastern Orthodox Church is traced back to Jesus Christ and the Apostles. The Apostles appointed successors, known as bishops, and they in turn appointed other bishops in a process known as Apostolic succession. Over time, five Patriarchates were established to organize the Christian world, and four of these ancient Patriarchates remain Orthodox today. Orthodox Christianity reached its present form in Late Antiquity, when the Ecumenical Councils were held, doctrinal disputes were resolved, the Fathers of the Church lived and wrote, and Orthodox worship practices settled into their permanent form.

The Constitution provides for the freedom to practice the rights of one's religion and faith in accordance with the customs that are observed in the kingdom, unless they violate public order or morality. The state religion is Islam. The Government prohibits conversion from Islam and proselytization of Muslims.

The Constitution provides for freedom of religion and the freedom to practice all religious rites provided that the public order is not disturbed. The Constitution declares equality of rights and duties for all citizens without discrimination or preference but establishes a balance of power among the major religious groups. The Government generally respected these rights; however, there were some restrictions, and the constitutional provision for apportioning political offices according to religious affiliation may be viewed as inherently discriminatory. There were no reports of societal abuses or discrimination based on religious belief or practice. There were, however, periodic reports of tension between religious groups, attributable to competition for political power, and citizens continued to struggle with the legacy of a 15-year civil war that was fought largely along sectarian lines. Despite sectarian tensions caused by the competition for political power, churches, mosques, and other places of worship continued to exist side-by-side, extending a centuries-long national heritage as a place of refuge for those fleeing religious intolerance.

The following outline is provided as an overview of and topical guide to the Catholic Church:

The legal history of the Catholic Church is the history of the oldest continuously functioning legal system in the West, much later than Roman law but predating the evolution of modern European civil law traditions. The history of Latin canon law can be divided into four periods: the jus antiquum, the jus novum, the jus novissimum and the Code of Canon Law. In relation to the Code, history can be divided into the jus vetus and the jus novum. Eastern canon law developed separately.

For the legal system of ecclesiastical canons, see Canon law and 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. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.

The philosophy, theology, and fundamental theory of canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".

References

  1. Gad Barzilai, Law and Religion, Ashgate, 2007
  2. 1 2 Smith 2008 , pp. 158[ citation not found ]
  3. 1 2 3 Smith 2008 , pp. 159[ citation not found ]
  4. Karl Josef von Hefele's commentary on canon II of Gangra notes: "We further see that, at the time of the Synod of Gangra, the rule of the Apostolic Synod with regard to blood and things strangled was still in force. With the Greeks, indeed, it continued always in force as their Euchologies still show. Balsamon also, the well-known commentator on the canons of the Middle Ages, in his commentary on the sixty-third Apostolic Canon, expressly blames the Latins because they had ceased to observe this command. What the Latin Church, however, thought on this subject about the year 400, is shown by St. Augustine in his work 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."
  5. "Canon law". Catholic Encyclopedia. Retrieved 2008-05-26.
  6. "Catholic Encyclopedia: Apostolic Canons". New Advent. Retrieved 2008-05-26.
  7. "The Ecclesiastical Canons of the Same Holy Apostles". Ante-Nicene Fathers, Vol VII. Retrieved 2008-05-26.
  8. Black's Law Dictionary, 5th Edition, pg. 771: "Jus canonicum"
  9. Della Rocca, Manual of Canon Law, pg. 3
  10. Berman, Harold J. Law and Revolution, pg. 86 & pg. 115
  11. Dr. Edward N. Peters, CanonLaw.info Home Page, accessed June-11-2013
  12. Canon 331, 1983 Code of Canon Law
  13. 1 2 Edward N. Peters, "A Catechist's Introduction to Canon Law", CanonLaw.info, accessed June-11-2013
  14. 1 2 Manual of Canon Law, pg. 49
  15. 1983 Code of Canon Law
  16. St. Joseph Foundation newsletter, Vol. 30 No. 7, pg. 3
  17. Black's Law Dictionary, 5th Edition, pg. 187: "Canonist"
  18. Berman, Law and Revolution, pg. 288
  19. F. Bente, ed. and trans., Concordia Triglotta, (St. Louis: Concordia Publishing House, 1921), p. i
  20. Book of Discipline (United Methodist)
  21. 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."
  22. Hamann, Katie (December 29, 2009). "Aceh's Sharia Law Still Controversial in Indonesia". Voice of America. Retrieved September 19, 2011.
  23. Iijima, Masako (January 13, 2010). "Islamic Police Tighten Grip on Indonesia's Aceh". Reuters. Retrieved September 18, 2011.
  24. "Aceh Sharia Police Loved and Hated". The Jakarta Post .
  25. 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".
  26. 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."
  27. 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.
  28. "Nigeria in Transition: Recent Religious Tensions and Violence". PBS.
  29. 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.".
  30. 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."
  31. 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".
  32. PBS Frontline: "Civil war was sparked in 1983 when the military regime tried to impose sharia law as part of its overall policy to "Islamicize" all of Sudan."

Further Reading