Ethical and moral codes taught by religious traditions
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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, 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 Christiancanon law (applicable within a wider theological conception in the church, but in modern times distinct from secular state law[3]), Jewishhalakha, Islamicsharia, and Hindu law.[4]
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 laws are laws and ordinances used in the Baháʼí Faith and are a fundamental part of Baháʼí practice.[5] 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.[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.
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 Eastern and Oriental Orthodox Churches, and the Anglican Communion of churches.[9] 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 Greekkanon / κανών, Hebrew kaneh / קנה, for rule, standard, or measure); these canons formed the foundation of canon law.
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,[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.
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"). PopeGregory 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 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 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.
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.
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.[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]
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.
A manuscript of Ibn Hanbal's legal writings, produced October 879.
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 (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, 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.[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 crime, politics and economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, inheritance 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 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]
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]
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).
Rule of law– Political situation in which every citizen is subject to the law
Related Research Articles
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 four 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.
Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in communion with other members of the congregation, and of receiving the sacraments.
The following outline is provided as an overview of and introduction to law:
Religious pluralism is an attitude or policy regarding the diversity of religious belief systems co-existing in society. It can indicate one or more of the following:
Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the terms used for individual clergy are clergyman, clergywoman, clergyperson, churchman, cleric, ecclesiastic, and vicegerent while clerk in holy orders has a long history but is rarely used.
This is an index page of Wikipedia articles related to the topic of religion.
Ordination is the process by which individuals are consecrated, that is, set apart and elevated from the laity class to the clergy, who are thus then authorized to perform various religious rites and ceremonies. The process and ceremonies of ordination vary by religion and denomination. One who is in preparation for, or who is undergoing the process of ordination is sometimes called an ordinand. The liturgy used at an ordination is commonly found in a book known as an Ordinal which provides the ordo for celebrations.
Interfaith marriage, sometimes called interreligious marriage or "mixed marriage", is marriage between spouses professing different religions. Although interfaith marriages are often established as civil marriages, in some instances they may be established as a religious marriage. This depends on religious doctrine of each of the two parties' religions; some prohibit interfaith marriage, and among others there are varying degrees of permissibility.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical 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 Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.
Sunni Islam is the dominant religion in Jordan. Muslims make up about 97.2% of the country's population. A few of them are Shiites. Many Shia in Jordan are refugees from Syria, Lebanon, and Iraq.
A schism is a division between people, usually belonging to an organization, movement, or religious denomination. The word is most frequently applied to a split in what had previously been a single religious body, such as the Great East–West Schism or the Western Schism. It is also used of a split within a non-religious organization or movement or, more broadly, of a separation between two or more people, be it brothers, friends, lovers, etc.
Christianity is the predominant religion in Georgia. The wide variety of peoples inhabiting Georgia has meant a correspondingly rich array of active religions in the country.
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.
In Qatar, the Constitution, as well as certain laws, provide for freedom of association, public assembly, and worship in accordance with the requirements of public order and morality. Notwithstanding this, the law prohibits proselytizing by non-Muslims and places some restrictions on public worship. Islam is the state religion.
The following outline is provided as an overview of, and topical guide to, theology.
In canon law, a canon designates some law promulgated by a synod, an ecumenical council, or an individual bishop.
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 Eastern Catholic 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 Catholic 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".
The canon law of the Eastern Orthodox Church consists of the ecclesiastical regulations recognised by the authorities of the Eastern Orthodox Church, together with the discipline, study, and practice of Eastern Orthodox jurisprudence.
References
↑ "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.).
↑ 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
↑ 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."
↑ 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."
↑ 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".
↑ 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."
↑ 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."
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.
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