Religious law includesethical andmoral codes taught byreligious traditions. Examples of religiously derived legal codes includeChristiancanon law (applicable within a wider theological conception in the church, but in modern times distinct from secular state law[1]),Jewishhalakha,Islamicsharia, andHindu law.[2] In some jurisdictions, religious law may apply only to that religion's adherents; in others, it may be enforced by civil authorities for all residents.
Astate religion (orestablished church) is a religious body officially endorsed by thestate. Atheocracy is aform of government in which aGod or adeity is recognized as the supreme civil ruler.
In both theocracies and some religious jurisdictions,conscientious objectors may causereligious offense. The contrary legal systems aresecular states ormulticultural 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 theBaháʼí Faith and are a fundamental part of Baháʼí practice.[3] The laws are based on authenticated texts fromBahá'u'lláh, the founder of the Baháʼí Faith, subsequent interpretations from`Abdu'l-Bahá andShoghi Effendi and legislation by theUniversal House of Justice.[4] Baháʼí law is presented as a set of general principles and guidelines and individuals must apply them as they best seem fit.[4] 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.[4] The laws are seen as the method of the maintenance of order and security in the world.[3]
A few examples of laws and basic religious observances of the Kitáb-i-Aqdas which are considered obligatory for Baháʼís include:
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InBuddhism,Patimokkha is a code of 227 rules and principles followed byBuddhist monks andnuns.[5]
Within the framework ofChristianity, there are several possible definitions for religious law. One is theMosaic Law (from what Christians consider to be theOld Testament), also calleddivine law orbiblical law; the most famous example is theTen Commandments. Another is the instructions ofJesus of Nazareth to hisdisciples in theGospel (often referred to as theLaw of Christ or theNew Commandment or theNew Covenant, in contrast to theOld Covenant). Another is theApostolic Decree of Acts 15, which is still observed by theGreek Orthodox Church.[6] Another iscanon law in theCatholic,Anglican, andOrthodox churches.
In someChristian denominations, law is often contrasted withgrace (see alsoLaw and Gospel andAntithesis of the Law): the contrast here speaks to an attempt to gainsalvation byobedience to a code of laws as opposed to seeking salvation through faith in theatonement made byJesus on the cross. From theGospel of John:
John 1:16-18
— And of his fullness have all we received, and grace for grace. For the law was given by Moses, but grace and truth came by Jesus Christ., KJV
Christian views of theOld Covenant vary and are to be distinguished fromChristian theology,ethics, andpractice. The term "Old Covenant", also referred to as theMosaic covenant and theLaw of Moses, refers to the statements or principles of religious law andreligious ethics codified in the first five books orPentateuch of theOld Testament. Views of the Old Covenant are expressed in theNew Testament, such asJesus'antitheses of the law, thecircumcision controversy in Early Christianity, and theIncident at Antioch and position ofPaul the Apostle and Judaism. Most Christians hold thatonly parts are applicable, while someProtestants have the view thatnone is applicable.Dual-covenant theologians have the view that onlyNoahide Laws apply toGentiles. TheJewish Christianity movement is virtually extinct. According to the New Testament Christians are no longer regarded as Gentiles (Romans 8: 28–29)
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 theRoman Catholic Church, theEastern andOriental Orthodox Churches, and theAnglican Communion of churches.[7] The way that such church law islegislated, interpreted and at timesadjudicated varies widely among these three bodies of churches. In all three traditions, a canon was initially a rule adopted by achurch council (FromGreekkanon / κανών,Hebrew kaneh / קנה, for rule, standard, or measure); these canons formed the foundation of canon law.
TheCanons of the Apostles[8] orEcclesiastical Canons of the Same Holy Apostles[9] is a collection of ancient ecclesiastical decrees (eighty-five in theEastern, fifty in theWestern Church) concerning the government and discipline of theEarly Christian Church, incorporated with theApostolic Constitutions which are part of theAnte-Nicene Fathers
Thecanon law of the Catholic Church (Latin:jus canonicum)[10] is the system oflaws and legal principles made and enforced by thehierarchical 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.[11] It was the first modern Westernlegal system[12] and is the oldest continuously functioning legal system in the West,[13] predating the Europeancommon law andcivil law traditions. What began with rules ("canons") adopted by theApostles at theCouncil of Jerusalem in the 1st century has blossomed into a highly complex and original legal system encapsulating not just norms of theNew Testament, but some elements of theHebrew (Old Testament),Roman,Visigothic,Saxon, andCeltic legal traditions spanning thousands of years of human experience. while the unique traditions ofEastern Catholic canon law govern the 23Eastern Catholicparticular churchessui iuris.
Positive ecclesiastical laws derive formal authority in the case of universal laws frompromulgation by the supreme legislator—theSupreme Pontiff—who possesses the totality of legislative, executive, and judicial power in his person,[14] 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:[15] laws, courts, lawyers, judges,[15] a fully articulatedlegal code for theLatin Church as well as acode for theEastern Catholic Churches,[16] principles oflegal interpretation,[17] and coercive penalties.[18] 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[19] (or colloquially, canon lawyers).[20] Canon law as a sacred science is called canonistics.
Thejurisprudence of Catholic canon law is the complex of legal principles and traditions within which canon law operates, while thephilosophy, 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 theearly Church, the first canons were decreed bybishops united in "Ecumenical" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of theBishop ofRome) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented withdecretals 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 intocollections, both unofficial and official. The first truly systematic collection was assembled by theCamaldolese monkGratian in the 11th century, commonly known as theDecretum Gratiani ("Gratian's Decree").PopeGregory IX is credited with promulgating the first official collection of canons called theDecretalia Gregorii Noni orLiber Extra (1234). This was followed by theLiber Sextus (1298) ofBoniface VIII, theClementines (1317) ofClement V, theExtravagantes Joannis XXII and theExtravagantes Communes, all of which followed the same structure as the Liber Extra. All these collections, with theDecretum Gratiani, are together referred to as theCorpus Juris Canonici. After the completion of theCorpus Juris Canonici, subsequentpapal legislation was published in periodic volumes calledBullaria.
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 impelledPope Pius X to order the creation of the firstCode of Canon Law, a single volume of clearly stated laws. Under the aegis of CardinalPietro Gasparri, the Commission for the Codification of Canon Law was completed underBenedict XV, who promulgated the Code, effective in 1918. The work having been begun byPius 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 theCodex of Justinian to theNapoleonic Code.
Pope John XXIII initially called for aSynod of the Diocese of Rome, anEcumenical Council, and an updating to the 1917 Code. After theSecond 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 revisedCode 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 theCode of Canons of the Eastern Churches promulgated in 1990 byPope John Paul II.
The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modernCivil law andCommon 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, allLatin 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.
The Greek-speaking Orthodox have collected canons and commentaries upon them in a work known as thePēdálion (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, thebishops adjusting them to cultural and other local circumstances. Some Orthodox canon scholars point out that, had theEcumenical Councils (which deliberated in Greek) meant for the canons to be used as laws, they would have called themnómoi/νόμοι (laws) rather thankanónes/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 theChurch of England, theecclesiastical 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 theNormans split them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the othercourts of England, the law used in ecclesiastical matters is at least partially acivil law system, notcommon law, although heavily governed by parliamentary statutes. Since theReformation, ecclesiastical courts in England have been royal courts. The teaching of canon law at the universities of Oxford and Cambridge was abrogated byHenry VIII; thereafter practitioners in theecclesiastical courts were trained incivil law, receiving aDoctor of Civil Law (D.C.L.) degree from Oxford, or anLL.D. from Cambridge. Such lawyers (called "doctors" and "civilians") were centred at "Doctors Commons", a few streets south ofSt Paul's Cathedral inLondon, where they monopolizedprobate, matrimonial, andadmiralty cases until their jurisdiction was removed to thecommon 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 inScotland in 1638 after uprisings ofCovenanters confronting the Bishops of Aberdeen following the convention atMuchalls Castle and other revolts across Scotland earlier that year.
Other churches in theAnglican Communion around the world (e.g., theEpiscopal Church in the United States and theAnglican Church of Canada) still function under their own private systems of canon law.
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.
TheBook of Concord is the historicdoctrinal statement of theLutheran Church, consisting of tencredal documents recognized as authoritative inLutheranism since the 16th century.[21] 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".
TheBook 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.[22]
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.
Sharia, also known as Islamic law (قانون إسلامي‹See RfD›qānūn ʾIslāmī), is themoral code and religious law ofIslam. Sharia is derived from two primarysources, theprecepts set forth in theQuran and the example set by the Islamic prophetMuhammad in thesunnah. Islamic jurisprudence (fiqh) interprets and extends the application of sharia to questions not directly addressed in theprimary sources (the Quran and the sunnah) by includingsecondary sources. These secondary sources usually include the consensus of the sahabah (companions of the prophet) andulama (religious scholars) embodied inijma, as well asanalogy from the Quran andsunnah throughqiyas. In theMaliki school of law also,'amal ahlil madinah (the practices of the people of Medina) is also included.
Muslims believe thesharia isAllah's law, but they differ as to what exactly it entails.[23] 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, includingcrime,politics andeconomics, as well as personal matters such assexual intercourse,hygiene,diet,prayer,inheritance andfasting. Where it has official status, sharia is applied by Islamic judges, orqadis. Theimam 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 forIslamist movements in Muslim countries. Some Muslim minorities in Asia (e.g., inIndia) 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'sMuslim Arbitration Tribunal. Attempts by Muslims to impose sharia on non-Muslims in countries with large Muslim populations have been accompanied by controversy,[24][25][26] violence,[27][28][29][30][31][32] and even warfare (cf.Second Sudanese Civil War).[33][34]
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 ofJainism.[35]
Halakha (Hebrew:הלכה; literally "walking") is the collective body ofrabbinic Jewish religious laws derived from theWritten andOral Torah, including theMishnah, the halakhicMidrash, theTalmud, and its commentaries. After thedestruction of theSecond Temple by theRomans in the year 70 during theFirst Jewish-Roman War, the Oral Law was developed through intensive and expansive interpretations of the written Torah.
Thehalakhah has developed gradually through a variety of legal and quasi-legal mechanisms, includingjudicial decisions,legislative enactments, andcustomary law. The literature of questions to rabbis, and their considered answers, are referred to asResponsa. Over time, as practices develop, codes of Jewish law were written based on Talmudic literature and Responsa. The most influential code, theShulchan Aruch, guides the religious practice of mostOrthodox and someConservative Jews.
According to rabbinic tradition there are613 mitzvot in the written Torah. Themitzvot in the Torah (also called theLaw 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 (theKohanim andLeviyim) members of the tribe ofLevi, some only to farmers within theLand of Israel. Some laws are only applicable when there is aTemple in Jerusalem (seeThird Temple).
