:''Another article treats
canon law, the codes of law of the Catholic, Anglican, and Orthodox churches.''
In the religious sense, 'law' can be thought of as the ordering principle of
reality;
knowledge as revealed by
God defining and governing all human affairs. Law, in the religious sense, also includes codes of
ethics and
morality which are upheld and required by God. Examples include customary
Hindu law,
Sharia (Islamic law),
Halakha (Jewish law), and the
divine law of the Mosaic code or
Torah, in particular the
Ten Commandments.
Established religions and religious institutions
State churches and similar established religions are connected to the governments that establish them. In some jurisdictions, this means that they operate legal systems of their own or play a part in the legal system of those governments.
Canon law is one such sort of legal system; it was administered in
ecclesiastical courts. In
England, the system of
equity was originally established by the Church.
Judaism
Main articles: Halakhah
The Five Books of Moses, known as the
Torah, are the basis of
Jewish law and tradition ("
halakhah"). According to rabbinic tradition there are
613 commandments in the Torah, which 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. Many laws were only applicable when the
Temple in Jerusalem existed, and fewer than 300 of these commandments are still applicable today. Especially after the destruction of the Temple (70 C.E.), Jewish law was developed through intensive and expansive interpretation of the written Torah.
Halakhah (lit. "walking"), the rabbinic Jewish way of life is based on a combined reading of the Torah, and the oral tradition - the Mishnah, the halakhic
Midrash, the
Talmud and its commentaries. 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, is referred to as
responsa (in
Hebrew, ''Sheelot U-Teshuvot''). Over time, as practices develop, codes of Jewish law were written based on Talmudic literature and responsa. The most important code, the
Shulkhan Arukh, largely guides
Orthodox and
Conservative Judaism's religious practice today.
Christianity
Main articles: Law in Christianity
Within the framework of
Christianity, there are at least three possible definitons for law: the Torah/Mosaic Law (see
Christian View of the Torah), only the instructions of
Jesus (referred to by some as
the Law of Christ), and
canon law.
The Roman and Eastern Catholic, Orthodox, and Anglican Churches' have organized systems of bylaws known as
canon law which are solely for the regulation of the internal affairs of the groups and not how salvation is sought in these churches.
In Christianity, law is often contrasted with
grace (see also
Law and Gospel): the contrast here speaks to attempts 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. Compare ''
legalism'' and ''
antinomianism''.
Islam
Muslims in Islamic societies have traditionally viewed Islamic law as essential to their religious outlook. Traditional Islamic law is called
Shari`ah or Shari`a (شريعة), 'the street' or 'the way'.
Imam
Ahmad ibn Hanbal (780 - 855 CE) developed Five Basic Juristic Principles. The thought process applied by Ahmad in extrapolation of laws are as follows:
The Quran and the Sunnah were the first point of reference for all scholars of jurisprudence, and in this, Ahmad was not an exception. The Qur'an is the foremost source of
Islamic jurisprudence. The
Sunnah (the practices of the Prophet, as narrated in reports of his life) is not itself a text like the Qur'an, but is extracted by analysis of the
Hadith (Arabic for "report") texts, which contain narrations of the Prophet's sayings, deeds, and actions of his companions he approved.
Verdicts issued by the Companions were resorted to when no textual evidence was found in the Quran or the Sunnah. The reasons for ranking the verdicts of the Companions after the Quran and the Sunnah are obvious: The Companions witnessed the revelation of the Quran, and its implementation by Muhammad. Hence, the Companions ought to have a better understanding than the latter generations. However, in a case where the Companions differed, Ahmad preferred the opinion supported by the Quran and the Sunnah.
In instances where none of the above was applicable, Ahmad would resort to the
mursal Hadith with a link missing between the Successor and Muhammad or a weak hadith. However, the type of weak Hadith that Ahmad relied on was such that it may be regarded as fair hadith due to other evidences (Hasan li Ghairihi), not the type that is deemed very weak and thus unsuitable as an evidence for Law. This was due to the fact that, during his time, the Hadith was only categorised into ‘sound’ (sahih) and ‘weak’ (da’if). It was only after Ahmad, that
al-Tirmidhi introduced a third category of ‘fair’ (hasan).
Only after having exhausted the aforementioned sources would Imam Ahmad employ analogical deduction (Qiyas) due to necessity, and with utmost care.
The
Hanbali school alone maintained its own theological view, unlike the
Hanafi school which adopted the
Maturidi doctrine, or the
Shafi’i and
Maliki schools that adopted the
Ash’ari doctrine. The copious volume of narrations from Imam Ahmad dealing with specific issues of doctrine made it extremely difficult for his followers to adhere to any other, yet still remain faithful followers.
In recent times, Islamic law has often been questioned by
liberal movements within Islam.
Hindu Law
Hindu law is largely based on the
Manu Smriti or 'Institutions of Manu.' It was recognized by the
British after their
occupation of
India, but its influenced has largely waned in
20th century India with its general policies of
secularization.
Bahá'à Faith
Main articles: Bahá'à laws
The laws of the
Bahá'à Faith primarily come from the
Kitáb-i-Aqdas (The Most Holy Book). In Bahá'à scripture the laws are not seen as a constricting code, or a ritual, but are described by Bahá'u'lláh as the "choice wine", and a means to happiness. The laws are seen as the foundation of a just society and facilitate the spiritual development of the planet for the next thousand years. They are not considered as binding to anyone until they become a Bahá'Ã, and becoming a Bahá'à is not conditional on a person's level of adherence. An individual is expected to gradually apply laws on a personal basis.
Here are a few examples of laws and basic religious observances of the Kitáb-i-Aqdas which are considered obligatory for Bahá'
Ãs:
:
★ 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 Bahá'Ãs 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.
See also
★
Legal systems of the world
External link
★
List of the 613 Mitzvot(Mitzvah)
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