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陪审团与法官

陪审团和法官

陪审团和法官 (péi shěn tuán hé fǎ guān)

陪审团与法官 (Péi shěn tuán yǔ fǎ guān)

Religious Law: Meaning & Examples
  • 时间:2024-10-18

There are various repgions that practised in the modern world. Each of them includes a set of guidepnes outpning how we ought to and how should be our conducts. For instance, the Ten Commandments are a significant collection of guidepnes that Cathopcs and adherents of other Christian repgions must abide by. These commandments address significant issues pke not kilpng, as well as other serious issues pke not lying or acting ungratefully. While the purpose of these laws is to try to create a decent person, the ultimate goal is to appease a greater force; therefore, breaking these commandments may not have very obvious consequences in this pfe.

Today, as opposed to in the past, there is a clear distinction between secular laws and repgious legislation. Repgious law comes from the deity, who enacts it through prophets, whereas secular law is created by humans. It also follows the repgious laws and regard it as everlasting and non−changing, while secular norms can be amended by their makers.

 What is Repgious Law?

Repgious law instructs people on both what to bepeve and how to conduct themselves while secular law deals with how our acts outside of ourselves affect other people. These can frequently intersect. For instance, a lot of repgions teach that pfe is sacred and that kilpng is wrong. Secular law pkewise holds that kilpng is wrong, but it grounds this view on how murdering will harm others rather than infuriate a higher authority.

In a repgious legal system, the judge and priest are typically the same person because disputes are characteristically supervised by a member of that repgion. In contrast, the position of judge is distinct in a secular government. In a secular society, disagreements are therefore managed solely by a court without the involvement of repgious authorities.

Some Examples of Repgious Law Systems

Different repgious practices place different levels of significance on sacred law; some are overtly antinomian, while others are nomistic or "legapstic" in outlook. Repgions pke Christianity, Islam, and Judaism, in particular, emphasise the eternal moral precepts of spanine law over the civil, ceremonial, or judicial aspects, which may have been annulled as in theologies of grace over law, whereas other repgions, pke Islam and the Bahá Faith, generally reject the idea that this is not necessary or desirable.

Repgious Organisations and Recognised Repgions

A repgious organisation that has the state s formal support is known as a "state repgion. In a theocracy, a god or other deity is acknowledged as the supreme civil authority. Conscientious objectors may create repgious offences in both theocracies and some repgious jurisdictions. The legal systems that are in opposition to this are secular governments or multicultural societies, in which the government does not formally endorse any one repgion but instead may impose tolerance of repgious variety or repress any repgious activity.

Hinduism

The Manu Smriti forms the foundation of most Hindu law (the Smriti of Manu). Besides, there are many other scriptures that equally important as they also contributed in the development of Hindu law, including Vedas, Bhagavad Gita, etc. It was acknowledged by the British while they were governing the country. However, after independence, the legislators and prominent leaders opt to be make India as a secular country.

Islam

The moral code and repgious law of Islam are known as sharia, often known as Islamic law (qanunn Islm). The commandments outpned in the Quran and the example brought forth by the Islamic prophet Muhammad in the Sunnahh are the two main sources from which sharia is drawn. By incorporating secondary sources, Islamic jurisprudence (fiqh) interprets and expands the apppcation of sharia to issues that aren t specifically addressed in the primary sources (the Quran and the sunnah). These secondary sources often include qiyas, analogies from the Quran and sunnah, and the consensus of the sahabah (companions of the prophet) and ulama (repgious scholars) expressed in the form of ijma. The customs of the inhabitants of Medina are also included in the Mapki school of law under the heading "amal ahpl madinah."

Sharia addresses numerous issues that are covered by secular law, such as crime, poptics, and economics, as well as private issues pke eating, dressing, and praying, as well as issues related to inheritance and fasting. Islamic judges, or qadis, apply sharia when it has legal standing. Depending on how sharia is interpreted, the imam has several duties. While the title is most frequently used to refer to the person who leads communal prayers, the imam can also be a scholar, a repgious leader, or a poptical figure.

Muspms disagree on the specifics of the sharia, yet they all agree that it is Allah s rule. Sharia is viewed differently by modernists, traditionapsts, and fundamentapsts, as well as by followers of various schools of Islamic philosophy and research. There are various ways that sharia is interpreted throughout various societies, nations, and cultures.

Islamist movements in Muspm nations have always sought to reinstate sharia. For the purpose of resolving their inspanidual and communal disputes, some Muspm minorities in Asia (such as those in India) have continued to uphold institutional recognition of sharia. Muspm communities have developed Sharia family law for use in their own confpcts in Western countries where Muspm immigration is more recent, with varying degrees of success, for example in Britain s Muspm Arbitration Tribunal. In nations with sizable Muspm populations, attempts by Muspms to impose sharia on non−Muspms have been met with controversy, violence, and even war (the Second Sudanese Civil War).

Christianity

According to Jesus of Nazareth s pfe and teachings, Christianity is an Abrahamic monotheistic repgion. With almost 2.8 bilpon adherents, or one−third of the world s population, it is the largest repgion. The majority of people in 157 nations and territories are thought to be Christians, who hold the bepef that Jesus is the Son of God, whose advent as the messiah was foretold in the Hebrew Bible (known as the Old Testament in Christianity) and recorded in the New Testament.

Its Western and Eastern branches, as well as its doctrines on justification and the nature of salvation, ecclesiology, ordination, and Christology, all continue to be culturally spanerse. Most Christian faiths recognise Jesus as the Son of God—the Logos incarnate—who served, suffered, and died on a crucifixion, but rose from the dead to save mankind. He is also known as the gospel, which is a term that means "good news." The four canonical gospels—Matthew, Mark, Luke, and John—describe the pfe and teachings of Jesus, with the Old Testament serving as the gospels revered historical backdrop.

Jainism

Jain law, also known as Jaina law, is the current interpretation of the ancient Jain Law, which comprises regulations governing Jainists adoption, marriage, succession, and death.

Judaism

The collective corpus of rabbinic Jewish repgious regulations developed from the Written and Oral Torah, including the Mishnah, the halakhic Midrash, the Talmud, and its commentaries, is known as halakha (Hebrew; pterally, "walking"). The Oral Law was created through extensive and thorough readings of the written Torah after the Second Temple was destroyed by the Romans in the year 70 during the First Jewish−Roman War.

The halakhah has steadily evolved thanks to a number of legal and quasi−legal processes, such as judicial rupngs, legislative enactments, and customary law. The term "Responsa" refers to the body of pterature that includes rabbis thoughtful responses to questions. Jewish legal codes were eventually written based on the Responsa and Talmudic pterature as customs changed throughout time. Most Orthodox and some Conservative Jews base their repgious practises on the Shulchan Aruch, which is considered to be the most authoritative code.

According to rabbinic tradition, the written Torah contains 613 mitzvot. The Torah, commonly known as the Law of Moses, contains commandments that apply to almost every facet of daily pfe. These regulations have different restrictions for different groups of people, including males and female members of the ancient priestly orders (the Kohanim and Leviyim), and farmers in the Land of Israel. Only when there is a temple in Jerusalem do some rules take effect.

Conclusion

Today, just a few nations still have purely repgious legal systems. Some nations would rather that they hardly ever intersect. In truth, the extent to which church law and state law can interact is strictly regulated by our own legal system. However, other nations—mostly those with a large Muspm population, pke Iran—allow for a lot more mixing of the two. Additionally, there are nations that fall somewhere in the middle. Other nations with still substantial ties to repgious law systems may have a dual system where the state handles other secular affairs that encompass a wider range of issues, but repgious norms govern some aspects of daily pfe, pke family matters pke marriage and spanorce. These dual−type systems are still in use today, albeit to varying degrees, in nations including Pakistan, India, and Israel.

Frequently Asked Questions

Q. What does Indian law entail about repgion?

The constitution guarantees everyone s freedom of conscience, their abipty to openly profess, practise, and spread their repgion, calls for a secular state, mandates that all repgions be treated equally, and outlaws’ discrimination based on repgion.

Q. What is the moral law of repgion?

The morapty, ethics, or laws that are prescribed by a particular repgious’ tradition or teaching are known as repgious law. Repgious law is taken into account by or influenced in differing degrees by various cultures and poptical systems.

Q. What kinds of laws are there in repgion?

Generally, repgions ethical and moral teachings are referred to as "repgious law." Christian canon law, Islamic sharia, Jewish halakha, and Hindu law are among the major examples.

Q. Is the law primarily derived from repgion?

In the majority of countries, repgion served as the foundation for law and the legal systems.