Cecily Zamora
Religious law varies across different religions and countries. For instance, in Christianity, religious law can refer to Mosaic Law, the Law of Christ, the Apostolic Decree of Acts 15, or canon law. In Judaism, Halakha is the collective body of rabbinic Jewish religious laws derived from the Torah. In Islam, Sharia law deals with topics such as crime, politics, economics, and personal matters. Beyond these, religious laws can also refer to government laws and policies that restrict or favour religious freedom, such as requiring religious groups to register in order to operate or providing funding for religious education.
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What You'll Learn
Canon Law in the Catholic, Anglican, and Orthodox churches
Canon law is a religious law that organises and governs the Catholic Church, Anglican Communion, and Orthodox churches. It is the oldest continuously functioning legal system in the West, predating modern European civil law traditions. The term "canon law" (ius canonicum) came into regular use in the 12th century, with the term "corpus iuris canonici" used to denote canon law as a legal system from the 13th century. Canon law includes ecclesiastical law, or operational policy, and has all the ordinary elements of a mature legal system: laws, courts, lawyers, and judges. Those skilled in canon law are called canonists or canon lawyers.
The canon law of the Catholic Church is contained in two Codes that legislate on the way the Church is organised and carries out its activities worldwide. The first Code of Canon Law (1917) was exclusively for the Latin Church, with limited application to the Eastern Churches. The Code of Canons of the Eastern Churches, promulgated in 1990, became the first code of Eastern Catholic Canon Law. The Eastern Orthodox Church has also compiled canons and commentaries upon them in a work known as the Pēdálion, which is meant to "steer" the church in her discipline.
The canon law of the Catholic Church governs the external organisation and government of the Church and directs the activities of Catholics toward the mission of the Church. It establishes legislation for those who have been baptised in the Catholic Church or received into it, giving them a status that non-baptised individuals who express a desire to become Christians do not have. The Codes of Canon Law fall into two main categories: "universal law" of the Catholic Church, which concerns the entire Church, and "particular law", which concerns a particular territory or territories, such as a diocese or an ecclesiastical province.
Within the Anglican Communion, the Church of England's ecclesiastical courts still have jurisdiction over certain church-related matters, such as the discipline of clergy, alteration of church property, and issues related to churchyards. Other churches in the Anglican Communion, such as the Episcopal Church in the United States and the Anglican Church of Canada, function under their own private systems of canon law.
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Sharia Law in Islam
Sharia, or Shariah, is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Quran and hadith. The word 'sharia' means "the correct path" or "the way" in Arabic. It is derived from two main sources: the Quran, which is considered the direct word of God, and hadith—thousands of sayings and practices attributed to the Prophet Mohammed that collectively form the Sunnah.
Sharia is not the same as Islamic law. Muslims believe that Sharia refers to the perfect, immutable values understood only by God, while Islamic laws are those based on interpretations of Sharia. Interpreting Sharia, known as fiqh, requires deep knowledge of the Quran and Sunnah, fluency in Arabic, and expertise in legal theory. Islamic law varies by country and is influenced by local customs, evolving over time.
Sharia covers two broad domains: the rights of God and the rights of man. It provides ethical guidance and legal instruction on almost every aspect of Muslim life, from how one prays and washes to how one governs and does business. It also deals with secular law topics like crime, politics, economics, sexual intercourse, hygiene, diet, prayer, inheritance, and fasting.
In the 21st century, approaches to Sharia vary widely, and its role and mutability in a changing world has become an increasingly debated topic in Islam. While fundamentalists advocate for the complete implementation of "pure sharia", modernists argue for its compatibility with human rights, democracy, minority rights, gender equality, freedom of speech, and contemporary issues.
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Talmudic Law in Judaism
Talmudic law, or Halakha, is the collective body of rabbinic Jewish religious law derived from the Written and Oral Torah, including the Mishnah, the halakhic Midrash, the Talmud, and its commentaries. The Talmud is a central text of Rabbinic Judaism and the primary source of Jewish religious law and theology. It is a conglomerate of law, legend, and philosophy, a blend of unique logic and shrewd pragmatism, of history and science, anecdotes, and humour.
The Talmud emerged between the destruction of the Second Temple in 70 CE and the Arab conquest in the early seventh century. It is made up of 63 tractates, each covering one subject area. The Talmud includes the teachings and opinions of thousands of rabbis on a variety of subjects, including halakha, Jewish ethics, philosophy, customs, history, and folklore. The Oral Law was developed through intensive and expansive interpretations of the written Torah, and over time, codes of Jewish law were written based on Talmudic literature and Responsa—the literature of questions to rabbis and their considered answers.
The Talmud is considered to be the repository of thousands of years of Jewish wisdom, and the oral law finds expression in it. Rabbi Adin Steinsaltz writes that "If the Bible is the cornerstone of Judaism, then the Talmud is the central pillar... No other work has had a comparable influence on the theory and practice of Jewish life, shaping influence on the theory and practice of Jewish life."
The Talmudic code is generally termed the "Mosaic-Talmudic," since the authorities of the Talmud took the Mosaic law as their basis. However, from the point of view of judicial history, the Talmud must be regarded as an independent structure, and it is more correct to use the simple term "Talmudic law." The Talmud, like the Torah, drew no distinction between religious and secular law, conforming to the general custom of ancient peoples, especially in the East. This resulted in a wide range and close articulation of the Talmudic system, as the commandments of religion influenced secular law and modified civil relations.
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Hindu Law
The substance of Hindu law implemented by the British was derived from a Dharmaśāstra named Manusmriti, one of the many treatises on Dharma. The British mistook the Dharmaśāstra as codes of law and failed to recognize that these Sanskrit texts were not used as statements of positive law. Dharmaśāstra contained jurisprudence commentary, i.e., a theoretical reflection upon practical law, but not a statement of the law of the land as such. The Sanskrit word dharma has often been translated as law, though in reality, it is a more complex concept evolving from the root dhrt, which means to ‘hold, maintain, and keep. Dharma signified appropriate behavior and encompassed duties, rights, moralities, conduct, virtues, and obligation.
Classical Hindu law was theologically based on the Dharmasastras. Traditionally, these texts established the rules of dharma, which could be found through three sources. Theologically, the most important source for dharma was from the śruti or Veda, because it was acknowledged to be of divine origin. If one could not find a particular idea in the Vedas, the Dharmasutras instructed him or her to consult the next source of authority: smṛti, followed by ācāra, and in some cases, ātmatuṣṭi. The Manusmriti, or the Code of Manu, laid down elaborate rules governing the behavior of castes and social groups.
In 1955–56, the Indian Parliament overruled most traditional Hindu law with four modern Acts on marriage, succession, minority and guardianship, and adoptions and maintenance.
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Buddhist Law
While I cannot ascertain the most common religious law, I can provide an overview of Buddhist Law.
Overview
The Five Precepts
There are five general precepts that are considered the bare minimum that any Buddhist should follow. These are:
- Refrain from killing or injuring living creatures (non-violence)
- Refrain from taking what is not given
- Refrain from committing sexual misconduct
- Refrain from 'wrong speech', such as lying and gossiping
- Refrain from using intoxicants that cloud the mind, such as alcohol or non-prescription mind-altering drugs
The number of precepts a Buddhist commits to depends on their position within the organisational structure and personal choice.
Karma and Kamma
Karma, or kamma, is a central concept in Buddhist Law. It refers to the idea that all actions have consequences and that beings cannot avoid the negative results of their unskilful or unwholesome actions. Thus, Buddhists seek to avoid committing karmically bad actions and instead develop good karma through actions such as gift-giving, following moral precepts, and practising meditation or rituals.
Sexual Misconduct
For lay Buddhists, sexual misconduct refers to sexual offences such as non-consensual sexual acts, sexual activity with minors or protected persons, and adultery. It can also refer to any irresponsible use of sexuality, such as promiscuity or sexual addiction. In the context of monasticism, monks and nuns are expected to practise celibacy and avoid physical contact with members of the opposite gender.
Other Principles
Other important principles in Buddhist Law include compassion, wisdom, and understanding. Mindfulness and heedfulness are also supporting qualities of Buddhist morality, as they allow for greater awareness of one's intentional states and moral knowledge. The concept of Dukkha, or the understanding that life is unsatisfactory and stressful, is also significant in Buddhist ethics.
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Frequently asked questions
Some examples of religious laws include Canon Law (Roman Catholic), Talmudic Law (Jewish), Shari'a Law (Islamic), Hindu Law, and Buddhist Law.
Canon Law is a body of laws and regulations made or adopted by the Catholic, Anglican, and Orthodox churches.
Sharia Law deals with topics like crime, politics, economics, sexual intercourse, hygiene, diet, prayer, inheritance, and fasting. It is applied by Islamic judges, or qadis.
Talmudic Law, or Halakha, is the collective body of rabbinic Jewish religious laws derived from the Written and Oral Torah, including the Mishnah, the Talmud, and its commentaries.
This is a controversial question. Some argue that laws should be based on what is commonly considered good for society, rather than religious beliefs. However, laws are often shaped by the majority viewpoint, which may be influenced by religion.
