Religious law
Encyclopedia
In some religion
s, law can be thought of as the ordering principle of reality
; knowledge
as revealed by a 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 the God. Examples include customary Halakha
(Jewish
law) and Hindu law
, and to an extent, Sharia
(Islam
ic law) and Canon law
(Christian
law).
Sharia and Canon law differ from other religious laws in that Canon law is the codification of Catholic
, Anglican
and Orthodox
law (like in a civil law
tradition), while Sharia law derives many of its laws from juristic precedent
and reasoning by analogy
(like in a common law
tradition).
(or established church) is religious body or creed
officially endorsed by the state
. In some jurisdiction
s, 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 court
s. A theocracy
is a form of government
in which a God
or a deity
is recognized as the supreme civil ruler.
The opposite are secular state
s, in which there is a separation of church and state
(also called the Five Books of Moses or the Pentateuch) is the basis of God's covenant
law, not oral tradition. According to rabbinic tradition there are 613 mitzvot
in the Torah; mitzvot
(singular mitzvah) means "commandment" or good deed. The mitzvot in the Torah (also called the Mosaic law after 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); after the destruction of the Second Temple
by the Romans
in the year 70
during the Great Jewish Revolt
, Jewish oral law was developed through intensive and expansive interpretation of the written Torah, see School of Jamnia
.
Halakha
, the rabbinic Jewish
way of life is based on a combined reading of the Torah, and the oral tradition, including 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, are referred to as responsa
. Over time, as practices develop, codes of Jewish law were written based on Talmudic literature and responsa. The most important code, the Shulchan Aruch
, guides the religious practice of most Orthodox
and some Conservative Jews
.
, there are at least three possible definitions for law. One is the Torah/Mosaic Law (from what Christians consider to be the Old Testament
) also called Divine Law
or Biblical law
, the most famous example being the Ten Commandments. Another is the instructions of Jesus of Nazareth
in the Gospel
(sometimes referred to as the Law of Christ
or the New Commandment or the New Covenant
). A third is canon law
in the Catholic
, Anglican
, and Orthodox
churches.
, the Eastern
and Oriental Orthodox churches, and the Anglican Communion
of churches. 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 council
(From Greek
kanon / κανών, Hebrew kaneh / קנה, for rule, standard, or measure); these canons formed the foundation of canon law.
, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions
which are part of the Ante-Nicene Fathers
, predating the common and European civil law
traditions. What began with rules ("canons") adopted by the Apostles at the Council of Jerusalem
in the 1st century has blossomed into a highly complex and original legal system encapsulating not just norms of the New Testament
, but some elements of the Hebrew
(Old Testament
), Roman
, Visigothic, Saxon, and Celt
ic legal traditions spanning thousands of years of human experience.
In the Roman Church, positive ecclesiastical laws, based upon either immutable divine and natural law
, or changeable circumstantial and merely positive law
, derive formal authority and promulgation from the pope, who as Supreme Pontiff possesses the totality of legislative, executive, and judicial power in his person. The actual subject material of the canons is not just doctrinal or moral in nature, but indeed all-encompassing of the human condition.
In the early Church
, the first canons were decreed by bishop
s 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 decretal
s 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"). Pope
Gregory 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 these were difficult to reconcile with one another due to changes in circumstances and practice. This situation impelled Pope St. Pius X to order the creation of the first Code of Canon Law, a single volume of clearly stated laws. Under the aegis of the 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-Rite Catholic seminary students are expected to take courses 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.
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.
, the ecclesiastical court
s 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 12th 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 court
s 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 1638 after uprisings of Covenanter
s confronting the Bishops of Aberdeen following the convention at Muchalls Castle
and other revolts across Scotland
earlier that year.
Other churches in the Anglican Communion
around the world (e.g., the Episcopal Church in the United States, and the Anglican Church of Canada
) still function under their own private systems of canon law.
is the historic doctrinal statement
of the Lutheran Church
, consisting of ten credal
documents recognized as authoritative in Lutheranism
since the 16th century. 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 referred to as "canons."
contains the laws, rules, policies and guidelines for The United Methodist Church. Its last edition was published in 2008.
In some Christian denominations, law is often contrasted with grace
(see also Law and Gospel
and Antithesis of the Law): 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
.
s in Islamic societies
have traditionally viewed Islamic law as essential. Islamic law is called Sharia
(Arabic
: شريعة, "the street/way") and Islamic jurisprudence
is called Fiqh
.
In Sunni Islam
, the work of the imam
Ahmad ibn Hanbal
(780-855 CE) has been very influential. Ibn Hanbal developed his "Five Basic Juristic Principles," a sort of hierarchy
of authoritative sources of Islamic law:
The Hanbali
madh'hab (school) alone maintained its own theological view, unlike the Hanafi
(which adopted the Maturidi
doctrine) or the Shafi`i and Maliki
(which 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, among the liberal movements within Islam
, some have questioned the need for Sharia law.
primarily come from the Kitáb-i-Aqdas
(The Most Holy Book). In Bahá'í 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'í, and becoming a Bahá'í is not conditional on a person's level of adherence. An individual is expected to gradually apply laws on a personal basis.
A few examples of laws and basic religious observances of the Kitáb-i-Aqdas which are considered obligatory for Bahá'ís include:
is largely based on the Manu Smriti
(smriti
of Manu). It was recognized by the British
after their rule of India
but its influenced largely waned after the establishment of the Republic of India
, which is secular.
Religion
Religion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
s, law can be thought of as the ordering principle of reality
Reality
In philosophy, reality is the state of things as they actually exist, rather than as they may appear or might be imagined. In a wider definition, reality includes everything that is and has been, whether or not it is observable or comprehensible...
; knowledge
Knowledge
Knowledge is a familiarity with someone or something unknown, which can include information, facts, descriptions, or skills acquired through experience or education. It can refer to the theoretical or practical understanding of a subject...
as revealed by a God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
defining and governing all human affairs. Law, in the religious sense, also includes codes of ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
and morality
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
which are upheld and required by the God. Examples include customary Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
(Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
law) and Hindu law
Hindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...
, and to an extent, Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
ic law) and Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
(Christian
Christian
A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...
law).
Sharia and Canon law differ from other religious laws in that Canon law is the codification of Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, Anglican
Anglicanism
Anglicanism is a tradition within Christianity comprising churches with historical connections to the Church of England or similar beliefs, worship and church structures. The word Anglican originates in ecclesia anglicana, a medieval Latin phrase dating to at least 1246 that means the English...
and Orthodox
Eastern Christianity
Eastern Christianity comprises the Christian traditions and churches that developed in the Balkans, Eastern Europe, Asia Minor, the Middle East, Northeastern Africa, India and parts of the Far East over several centuries of religious antiquity. The term is generally used in Western Christianity to...
law (like in a civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
tradition), while Sharia law derives many of its laws from juristic precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
and reasoning by analogy
Qiyas
In Islamic jurisprudence, qiyās is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to a new circumstance and create a new injunction...
(like in a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tradition).
Established religions and religious institutions
A state religionState religion
A state religion is a religious body or creed officially endorsed by the state...
(or established church) is religious body or creed
Creed
A creed is a statement of belief—usually a statement of faith that describes the beliefs shared by a religious community—and is often recited as part of a religious service. When the statement of faith is longer and polemical, as well as didactic, it is not called a creed but a Confession of faith...
officially endorsed by the state
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
. In some jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s, this means that they operate legal systems of their own or play a part in the legal system of those governments. Canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
is one such sort of legal system; it was administered in ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
s. A theocracy
Theocracy
Theocracy is a form of organization in which the official policy is to be governed by immediate divine guidance or by officials who are regarded as divinely guided, or simply pursuant to the doctrine of a particular religious sect or religion....
is a form of government
Form of government
A form of government, or form of state governance, refers to the set of political institutions by which a government of a state is organized. Synonyms include "regime type" and "system of government".-Empirical and conceptual problems:...
in which a God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
or a deity
Deity
A deity is a recognized preternatural or supernatural immortal being, who may be thought of as holy, divine, or sacred, held in high regard, and respected by believers....
is recognized as the supreme civil ruler.
The opposite are secular state
Secular state
A secular state is a concept of secularism, whereby a state or country purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential...
s, in which there is a separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
Judaism
The TorahTorah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
(also called the Five Books of Moses or the Pentateuch) is the basis of God's covenant
Covenant (biblical)
A biblical covenant is an agreement found in the Bible between God and His people in which God makes specific promises and demands. It is the customary word used to translate the Hebrew word berith. It it is used in the Tanakh 286 times . All Abrahamic religions consider the Biblical covenant...
law, not oral tradition. According to rabbinic tradition there are 613 mitzvot
613 mitzvot
The 613 commandments is a numbering of the statements and principles of law, ethics, and spiritual practice contained in the Torah or Five Books of Moses...
in the Torah; mitzvot
Mitzvah
The primary meaning of the Hebrew word refers to precepts and commandments as commanded by God...
(singular mitzvah) means "commandment" or good deed. The mitzvot in the Torah (also called the Mosaic law after Moses
Moses
Moses was, according to the Hebrew Bible and Qur'an, a religious leader, lawgiver and prophet, to whom the authorship of the Torah is traditionally attributed...
) 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
Kohen
A Kohen is the Hebrew word for priest. Jewish Kohens are traditionally believed and halachically required to be of direct patrilineal descent from the Biblical Aaron....
and Leviyim
Levite
In Jewish tradition, a Levite is a member of the Hebrew tribe of Levi. When Joshua led the Israelites into the land of Canaan, the Levites were the only Israelite tribe that received cities but were not allowed to be landowners "because the Lord the God of Israel himself is their inheritance"...
, members of the tribe of Levi
Levi
Levi/Levy was, according to the Book of Genesis, the third son of Jacob and Leah, and the founder of the Israelite Tribe of Levi ; however Peake's commentary suggests this as postdiction, an eponymous metaphor providing an aetiology of the connectedness of the tribe to others in the Israelite...
, some only to farmers within the Land of Israel
Land of Israel
The Land of Israel is the Biblical name for the territory roughly corresponding to the area encompassed by the Southern Levant, also known as Canaan and Palestine, Promised Land and Holy Land. The belief that the area is a God-given homeland of the Jewish people is based on the narrative of the...
. Some laws are only applicable when there is a Temple in Jerusalem
Temple in Jerusalem
The Temple in Jerusalem or Holy Temple , refers to one of a series of structures which were historically located on the Temple Mount in the Old City of Jerusalem, the current site of the Dome of the Rock. Historically, these successive temples stood at this location and functioned as the centre of...
(see Third Temple); after the destruction of the Second Temple
Second Temple
The Jewish Second Temple was an important shrine which stood on the Temple Mount in Jerusalem between 516 BCE and 70 CE. It replaced the First Temple which was destroyed in 586 BCE, when the Jewish nation was exiled to Babylon...
by the Romans
Roman Empire
The Roman Empire was the post-Republican period of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean....
in the year 70
70
Year 70 was a common year starting on Monday of the Julian calendar. At the time, it was known as the Year of the Consulship of Augustus and Vespasianus...
during the Great Jewish Revolt
First Jewish-Roman War
The First Jewish–Roman War , sometimes called The Great Revolt , was the first of three major rebellions by the Jews of Judaea Province , against the Roman Empire...
, Jewish oral law was developed through intensive and expansive interpretation of the written Torah, see School of Jamnia
Council of Jamnia
The Council of Jamnia or Council of Yavne is a hypothetical late 1st-century council at which it is postulated the canon of the Hebrew Bible was finalized....
.
Halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
, the rabbinic Jewish
Rabbinic Judaism
Rabbinic Judaism or Rabbinism has been the mainstream form of Judaism since the 6th century CE, after the codification of the Talmud...
way of life is based on a combined reading of the Torah, and the oral tradition, including the Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
, the halakhic Midrash
Midrash
The Hebrew term Midrash is a homiletic method of biblical exegesis. The term also refers to the whole compilation of homiletic teachings on the Bible....
, the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
, and its commentaries. The Halakhah has developed gradually through a variety of legal and quasi-legal mechanisms, including judicial
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
decisions, legislative
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
enactments, and customary law. The literature of questions to rabbis, and their considered answers, are referred to as responsa
Responsa
Responsa comprise a body of written decisions and rulings given by legal scholars in response to questions addressed to them.-In the Roman Empire:Roman law recognised responsa prudentium, i.e...
. Over time, as practices develop, codes of Jewish law were written based on Talmudic literature and responsa. The most important code, the Shulchan Aruch
Shulchan Aruch
The Shulchan Aruch also known as the Code of Jewish Law, is the most authoritative legal code of Judaism. It was authored in Safed, Israel, by Yosef Karo in 1563 and published in Venice two years later...
, guides the religious practice of most Orthodox
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
and some Conservative Jews
Conservative Judaism
Conservative Judaism is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s.Conservative Judaism has its roots in the school of thought known as Positive-Historical Judaism,...
.
Biblical/Mosaic Law
Within the framework of ChristianityChristianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...
, there are at least three possible definitions for law. One is the Torah/Mosaic Law (from what Christians consider to be the Old Testament
Old Testament
The Old Testament, of which Christians hold different views, is a Christian term for the religious writings of ancient Israel held sacred and inspired by Christians which overlaps with the 24-book canon of the Masoretic Text of Judaism...
) also called Divine Law
Divine law
Divine law is any law that in the opinion of believers, comes directly from the will of God . Like natural law it is independent of the will of man, who cannot change it. However it may be revealed or not, so it may change in human perception in time through new revelation...
or Biblical law
Biblical law
Biblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity.-Judaism:* 613 Mitzvot, the 613 commandments contained in the Torah* Mitzvah, divine commandment, act of human kindness, a good deed...
, the most famous example being the Ten Commandments. Another is the instructions of Jesus of Nazareth
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
in the Gospel
Gospel
A gospel is an account, often written, that describes the life of Jesus of Nazareth. In a more general sense the term "gospel" may refer to the good news message of the New Testament. It is primarily used in reference to the four canonical gospels of Matthew, Mark, Luke, and John...
(sometimes referred to as the Law of Christ
The Law of Christ
"The law of Christ" is a biblical phrase of uncertain meaning, found only in the Apostle Paul's Epistle to the Galatians verse and parenthetically in 1 Corinthians of the New Testament....
or the New Commandment or the New Covenant
New Covenant
The New Covenant is a concept originally derived from the Hebrew Bible. The term "New Covenant" is used in the Bible to refer to an epochal relationship of restoration and peace following a period of trial and judgment...
). A third is canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
in the Catholic
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, Anglican
Anglicanism
Anglicanism is a tradition within Christianity comprising churches with historical connections to the Church of England or similar beliefs, worship and church structures. The word Anglican originates in ecclesia anglicana, a medieval Latin phrase dating to at least 1246 that means the English...
, and Orthodox
Eastern Christianity
Eastern Christianity comprises the Christian traditions and churches that developed in the Balkans, Eastern Europe, Asia Minor, the Middle East, Northeastern Africa, India and parts of the Far East over several centuries of religious antiquity. The term is generally used in Western Christianity to...
churches.
Canon Law
Canon law is the body of laws and regulations made by or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, the Eastern
Eastern Orthodox Church
The Orthodox Church, officially called the Orthodox Catholic Church and commonly referred to as the Eastern Orthodox Church, is the second largest Christian denomination in the world, with an estimated 300 million adherents mainly in the countries of Belarus, Bulgaria, Cyprus, Georgia, Greece,...
and Oriental Orthodox churches, and the Anglican Communion
Anglican Communion
The Anglican Communion is an international association of national and regional Anglican churches in full communion with the Church of England and specifically with its principal primate, the Archbishop of Canterbury...
of churches. The way that such church law is legislated, interpreted and at times adjudicated
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
varies widely among these three bodies of churches. In all three traditions, a canon was initially a rule adopted by a council
Ecumenical council
An ecumenical council is a conference of ecclesiastical dignitaries and theological experts convened to discuss and settle matters of Church doctrine and practice....
(From Greek
Greek language
Greek is an independent branch of the Indo-European family of languages. Native to the southern Balkans, it has the longest documented history of any Indo-European language, spanning 34 centuries of written records. Its writing system has been the Greek alphabet for the majority of its history;...
kanon / κανών, Hebrew kaneh / קנה, for rule, standard, or measure); these canons formed the foundation of canon law.
Canons of the Apostles
The Apostolic Canons or Ecclesiastical Canons of the Same Holy Apostles is a collection of ancient ecclesiastical decrees (eighty-five in the EasternEastern Orthodox Church
The Orthodox Church, officially called the Orthodox Catholic Church and commonly referred to as the Eastern Orthodox Church, is the second largest Christian denomination in the world, with an estimated 300 million adherents mainly in the countries of Belarus, Bulgaria, Cyprus, Georgia, Greece,...
, fifty in the Western Church) concerning the government and discipline of the Early Christian Church, incorporated with the Apostolic Constitutions
Apostolic Constitutions
The Apostolic Constitutions is a Christian collection of eight treatises which belongs to genre of the Church Orders. The work can be dated from 375 to 380 AD. The provenience is usually regarded as Syria, probably Antioch...
which are part of the Ante-Nicene Fathers
Ante-Nicene Fathers
The Ante-Nicene Fathers, subtitled "The Writings of the Fathers Down to A.D. 325", is a collection of books in 10 volumes containing English translations of the majority of Early Christian writings. The period covers the beginning of Christianity until before the promulgation of the Nicene Creed...
Catholic Church
The Catholic Church has the oldest continuously functioning legal system in Western EuropeWestern world
The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...
, predating the common and European civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
traditions. What began with rules ("canons") adopted by the Apostles at the Council of Jerusalem
Council of Jerusalem
The Council of Jerusalem is a name applied by historians and theologians to an Early Christian council that was held in Jerusalem and dated to around the year 50. It is considered by Catholics and Orthodox to be a prototype and forerunner of the later Ecumenical Councils...
in the 1st century has blossomed into a highly complex and original legal system encapsulating not just norms of the New Testament
New Testament
The New Testament is the second major division of the Christian biblical canon, the first such division being the much longer Old Testament....
, but some elements of the Hebrew
Hebrews
Hebrews is an ethnonym used in the Hebrew Bible...
(Old Testament
Old Testament
The Old Testament, of which Christians hold different views, is a Christian term for the religious writings of ancient Israel held sacred and inspired by Christians which overlaps with the 24-book canon of the Masoretic Text of Judaism...
), Roman
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, Visigothic, Saxon, and Celt
Celt
The Celts were a diverse group of tribal societies in Iron Age and Roman-era Europe who spoke Celtic languages.The earliest archaeological culture commonly accepted as Celtic, or rather Proto-Celtic, was the central European Hallstatt culture , named for the rich grave finds in Hallstatt, Austria....
ic legal traditions spanning thousands of years of human experience.
In the Roman Church, positive ecclesiastical laws, based upon either immutable divine and natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
, or changeable circumstantial and merely positive law
Positive law
Positive law is the term generally used to describe man-made laws which bestow specific privileges upon, or remove them from, an individual or group...
, derive formal authority and promulgation from the pope, who as Supreme Pontiff possesses the totality of legislative, executive, and judicial power in his person. The actual subject material of the canons is not just doctrinal or moral in nature, but indeed all-encompassing of the human condition.
In the early Church
Early Christianity
Early Christianity is generally considered as Christianity before 325. The New Testament's Book of Acts and Epistle to the Galatians records that the first Christian community was centered in Jerusalem and its leaders included James, Peter and John....
, the first canons were decreed by bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
s united in "Ecumenical" councils (the Emperor summoning all of the known world's bishops to attend with at least the acknowledgement of the Bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
of Rome
Diocese of Rome
The Diocese of Rome is a diocese of the Catholic Church in Rome, Italy. The bishop of Rome is the Pope, who is the Supreme Pontiff and leader of the Catholic Church...
) or "local" councils (bishops of a region or territory). Over time, these canons were supplemented with decretal
Decretal
Decretals is the name that is given in Canon law to those letters of the pope which formulate decisions in ecclesiastical law.They are generally given in answer to consultations, but are sometimes due to the initiative of the popes...
s 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
Camaldolese
The Camaldolese monks and nuns are part of the Benedictine family of monastic communities which follow the way of life outlined in the Rule of St. Benedict, written in the 6th century...
monk Gratian
Gratian (jurist)
Gratian, was a 12th century canon lawyer from Bologna. He is sometimes incorrectly referred to as Franciscus Gratianus, Johannes Gratianus, or Giovanni Graziano. The dates of his birth and death are unknown....
in the 11th century, commonly known as the Decretum Gratiani
Decretum Gratiani
The Decretum Gratiani or Concordia discordantium canonum is a collection of Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici...
("Gratian's Decree"). Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
Gregory 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
Decretum Gratiani
The Decretum Gratiani or Concordia discordantium canonum is a collection of Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici...
, 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
Bullarium
Bullarium is a term commonly applied to a collection of papal bulls and other analogous documents, whether the scope of the collection be general in character, or limited to the bulls connected to any particular order, or institution, or locality.-Origins:...
.
By the 19th Century, this body of legislation included some 10,000 norms. Many these were difficult to reconcile with one another due to changes in circumstances and practice. This situation impelled Pope St. Pius X to order the creation of the first Code of Canon Law, a single volume of clearly stated laws. Under the aegis of the Cardinal Pietro Gasparri
Pietro Gasparri
Pietro Gasparri was a Roman Catholic archbishop, diplomat and politician in the Roman Curia and signatory of the Lateran Pacts.- Biography :...
, 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
Corpus Juris Civilis
The Corpus Juris Civilis is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor...
to the Napoleonic Code
Napoleonic code
The Napoleonic Code — or Code Napoléon — is the French civil code, established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs go to the most qualified...
.
Pope John XXIII
Pope John XXIII
-Papal election:Following the death of Pope Pius XII in 1958, Roncalli was elected Pope, to his great surprise. He had even arrived in the Vatican with a return train ticket to Venice. Many had considered Giovanni Battista Montini, Archbishop of Milan, a possible candidate, but, although archbishop...
initially called for a Synod
Synod
A synod historically is a council of a church, usually convened to decide an issue of doctrine, administration or application. In modern usage, the word often refers to the governing body of a particular church, whether its members are meeting or not...
of the Diocese of Rome, an Ecumenical Council
Ecumenical council
An ecumenical council is a conference of ecclesiastical dignitaries and theological experts convened to discuss and settle matters of Church doctrine and practice....
, and an updating to the 1917 Code. After the Second Ecumenical Council
Second Vatican Council
The Second Vatican Council addressed relations between the Roman Catholic Church and the modern world. It was the twenty-first Ecumenical Council of the Catholic Church and the second to be held at St. Peter's Basilica in the Vatican. It opened under Pope John XXIII on 11 October 1962 and closed...
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
Pope John Paul II
Blessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...
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
Code of Canons of the Eastern Churches
The Code of Canons of the Eastern Churches is the title of the 1990 codification of the common portions of the Canon Law for the 22 of the 23 sui iuris Churches in the Catholic Church. The Roman or Latin rite Church is guided by its own particular Canons...
promulgated in 1990 by Pope John Paul II
Pope John Paul II
Blessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...
.
The institutions and practices of canon law paralleled the legal development of much of Europe, and consequently both modern Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
and Common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
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-Rite Catholic seminary students are expected to take courses in canon law (c. 252.3). Some ecclesiastical officials are required to have the doctorate (JCD) or at least the licentiate (JCL
Licentiate of Canon Law
Licentiate of Canon Law is the title of an advanced graduate degree with canonical effects in the Roman Catholic Church offered by pontifical universities and ecclesiastical faculties of canon law...
) 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 themEconomy (Eastern Orthodox Church)
In the Eastern Orthodox and Greek-Catholic Churches and in the teaching of the Church Fathers which undergirds the theology of those Churches, economy or oeconomy has several meanings...
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.
Anglican Communion
In the Church of EnglandChurch of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, the ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
s 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 12th century when the Normans
Normans
The Normans were the people who gave their name to Normandy, a region in northern France. They were descended from Norse Viking conquerors of the territory and the native population of Frankish and Gallo-Roman stock...
split them off from the mixed secular/religious county and local courts used by the Saxons. In contrast to the other court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s of England the law used in ecclesiastical matters is at least partially a civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
system, not common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, although heavily governed by parliamentary statutes. Since the Reformation
English Reformation
The English Reformation was the series of events in 16th-century England by which the Church of England broke away from the authority of the Pope and the Roman Catholic Church....
, 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
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
; thereafter practitioners in the ecclesiastical courts were trained in civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, receiving a Doctor of Civil Law
Doctor of Civil Law
Doctor of Civil Law is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws degrees....
(D.C.L.) degree from Oxford, or an LL.D. from Cambridge. Such lawyers (called "doctors" and "civilians") were centred at "Doctors Commons
Doctors' Commons
Doctors' Commons, also called the College of Civilians, was a society of lawyers practising civil law in London. Like the Inns of Court of the common lawyers, the society had buildings with rooms where its members lived and worked, and a large library...
", a few streets south of St Paul's Cathedral
St Paul's Cathedral
St Paul's Cathedral, London, is a Church of England cathedral and seat of the Bishop of London. Its dedication to Paul the Apostle dates back to the original church on this site, founded in AD 604. St Paul's sits at the top of Ludgate Hill, the highest point in the City of London, and is the mother...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, where they monopolized probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, matrimonial, and admiralty
Admiralty law
Admiralty law is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans...
cases until their jurisdiction was removed to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
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
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
repealed Canon Law in 1638 after uprisings of Covenanter
Covenanter
The Covenanters were a Scottish Presbyterian movement that played an important part in the history of Scotland, and to a lesser extent in that of England and Ireland, during the 17th century...
s confronting the Bishops of Aberdeen following the convention at Muchalls Castle
Muchalls Castle
Muchalls Castle stands overlooking the North Sea in the countryside of Kincardine and Mearns, Aberdeenshire, Scotland. The lower course is a well preserved double groined 13th century towerhouse structure, built by the Frasers of Muchalls. Upon this structure, the 17th century castle was begun by...
and other revolts across Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
earlier that year.
Other churches in the Anglican Communion
Anglican Communion
The Anglican Communion is an international association of national and regional Anglican churches in full communion with the Church of England and specifically with its principal primate, the Archbishop of Canterbury...
around the world (e.g., the Episcopal Church in the United States, and the Anglican Church of Canada
Anglican Church of Canada
The Anglican Church of Canada is the Province of the Anglican Communion in Canada. The official French name is l'Église Anglicane du Canada. The ACC is the third largest church in Canada after the Roman Catholic Church and the United Church of Canada, consisting of 800,000 registered members...
) still function under their own private systems of canon law.
Presbyterian and Reformed Churches
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 ConcordBook of Concord
The Book of Concord or Concordia is the historic doctrinal standard of the Lutheran Church, consisting of ten credal documents recognized as authoritative in Lutheranism since the 16th century...
is the historic doctrinal statement
Doctrinal statement
A doctrinal statement is a statement of doctrine made by a church or other religious institution which quantifies precisely its core beliefs on certain issues...
of the Lutheran Church
Lutheranism
Lutheranism is a major branch of Western Christianity that identifies with the theology of Martin Luther, a German reformer. Luther's efforts to reform the theology and practice of the church launched the Protestant Reformation...
, consisting of ten credal
Creed
A creed is a statement of belief—usually a statement of faith that describes the beliefs shared by a religious community—and is often recited as part of a religious service. When the statement of faith is longer and polemical, as well as didactic, it is not called a creed but a Confession of faith...
documents recognized as authoritative in Lutheranism
Lutheranism
Lutheranism is a major branch of Western Christianity that identifies with the theology of Martin Luther, a German reformer. Luther's efforts to reform the theology and practice of the church launched the Protestant Reformation...
since the 16th century. 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 referred to as "canons."
The United Methodist Church
The Book of DisciplineBook of Discipline (United Methodist)
The Book of Discipline constitutes the law and doctrine of the United Methodist Church. It follows similar works for its predecessor denominations....
contains the laws, rules, policies and guidelines for The United Methodist Church. Its last edition was published in 2008.
In some Christian denominations, law is often contrasted with grace
Divine grace
In Christian theology, grace is God’s gift of God’s self to humankind. It is understood by Christians to be a spontaneous gift from God to man - "generous, free and totally unexpected and undeserved" - that takes the form of divine favour, love and clemency. It is an attribute of God that is most...
(see also Law and Gospel
Law and Gospel
In Christianity the relationship between God's Law and the Gospel is a major topic in Lutheran and Reformed theology. In these traditions, the distinction between the doctrines of Law, which demands obedience to God's ethical will, and Gospel, which promises the forgiveness of sins in light of the...
and Antithesis of the Law): the contrast here speaks to attempts to gain salvation
Salvation
Within religion salvation is the phenomenon of being saved from the undesirable condition of bondage or suffering experienced by the psyche or soul that has arisen as a result of unskillful or immoral actions generically referred to as sins. Salvation may also be called "deliverance" or...
by obedience to a code of laws as opposed to seeking salvation through faith in the atonement made by Jesus
Jesus
Jesus of Nazareth , commonly referred to as Jesus Christ or simply as Jesus or Christ, is the central figure of Christianity...
on the cross. Compare legalism
Legalism (theology)
Legalism, in Christian theology, is a sometimes-pejorative term referring to an over-emphasis on discipline of conduct, or legal ideas, usually implying an allegation of misguided rigour, pride, superficiality, the neglect of mercy, and ignorance of the grace of God or emphasizing the letter of...
and antinomianism
Antinomianism
Antinomianism is defined as holding that, under the gospel dispensation of grace, moral law is of no use or obligation because faith alone is necessary to salvation....
.
Islam
MuslimMuslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s in Islamic societies
Muslim world
The term Muslim world has several meanings. In a religious sense, it refers to those who adhere to the teachings of Islam, referred to as Muslims. In a cultural sense, it refers to Islamic civilization, inclusive of non-Muslims living in that civilization...
have traditionally viewed Islamic law as essential. Islamic law is called Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(Arabic
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
: شريعة, "the street/way") and Islamic jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
is called Fiqh
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
.
In Sunni Islam
Sunni Islam
Sunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
, the work of the imam
Imam
An imam is an Islamic leadership position, often the worship leader of a mosque and the Muslim community. Similar to spiritual leaders, the imam is the one who leads Islamic worship services. More often, the community turns to the mosque imam if they have a religious question...
Ahmad ibn Hanbal
Ahmad ibn Hanbal
Ahmad bin Muhammad bin Hanbal Abu `Abd Allah al-Shaybani was an important Muslim scholar and theologian. He is considered the founder of the Hanbali school of fiqh...
(780-855 CE) has been very influential. Ibn Hanbal developed his "Five Basic Juristic Principles," a sort of hierarchy
Hierarchy
A hierarchy is an arrangement of items in which the items are represented as being "above," "below," or "at the same level as" one another...
of authoritative sources of Islamic law:
- According to ibn Hanbal, the Qur'anQur'anThe Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
(القرآن, "recitation") should be the foremost source of all fiqhFiqhFiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
(فقه; Islamic jurisprudenceJurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
). The Qur'an is the Islamic holy bookReligious textReligious texts, also known as scripture, scriptures, holy writ, or holy books, are the texts which various religious traditions consider to be sacred, or of central importance to their religious tradition...
. It is regarded by Muslims as the divine guidance and direction and the final revelation to humanity from GodGod in IslamIn Islamic theology, God is the all-powerful and all-knowing creator, sustainer, ordainer, and judge of the universe. Islam puts a heavy emphasis on the conceptualization of God as strictly singular . God is unique and inherently One , all-merciful and omnipotent. According to the Islamic...
(الله), as revealed to the prophetProphets of IslamMuslims identify the Prophets of Islam as those humans chosen by God and given revelation to deliver to mankind. Muslims believe that every prophet was given a belief to worship God and their respective followers believed it as well...
MuhammadMuhammadMuhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
by GabrielGabrielIn Abrahamic religions, Gabriel is an Archangel who typically serves as a messenger to humans from God.He first appears in the Book of Daniel, delivering explanations of Daniel's visions. In the Gospel of Luke Gabriel foretells the births of both John the Baptist and of Jesus...
over a period of 23 years. - The SunnahSunnahThe word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
(سنة, "trodden path" or "the way of the Prophet") is the second-most authoritative source. It is the practices of the Muhammad as narrated in reports of his life, extracted by analysis of the hadithHadithThe term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
(الحديث), which contain narrations of the Muhammad's sayings, deeds, and the actions of his companions. - Verdicts issued by SahabaSahabaIn Islam, the ' were the companions, disciples, scribes and family of the Islamic prophet...
(الصحابة, "companions") are to be resorted to when no textual evidence was found in the Qur'an or the Sunnah. The Sahaba were the companions of Muhammad. The Sahaba are less important than the Qur'an and the Sunnah, but ibn Hanbal believed that in cases of doubt the Sahaba—who witnessed the revelation of the Qur'an and its implementation by Muhammad—would have a better understanding than latter generations. - In instances where neither Qur'an nor the Sunnah or the Sahaba were applicable, Ahmad would resort to the mursal hadith ("hurried"), which are hadith with a weak or missing link between the Tabi'in (التابعين, "followers/successors," those who were born after the death of Muhammad but who were contemporary of the Sahaba) and Muhammad.
- According to ibn Hanbal only after having exhausted all of these sources should scholars employ qiyasQiyasIn Islamic jurisprudence, qiyās is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction to a new circumstance and create a new injunction...
(قياس), or analogical deduction. Even when this is undertaken, it must be done with utmost care.
The Hanbali
Hanbali
The Hanbali school is one the schools of Fiqh or religious law within Sunni Islam. The jurisprudence school traces back to Imam Ahmad ibn Hanbal but was institutionalized by his students. Hanbali jurisprudence is considered very strict and conservative, especially regarding questions of dogma...
madh'hab (school) alone maintained its own theological view, unlike the Hanafi
Hanafi
The Hanafi school is one of the four Madhhab in jurisprudence within Sunni Islam. The Hanafi madhhab is named after the Persian scholar Abu Hanifa an-Nu‘man ibn Thābit , a Tabi‘i whose legal views were preserved primarily by his two most important disciples, Abu Yusuf and Muhammad al-Shaybani...
(which adopted the Maturidi
Maturidi
In Islam, a Maturidi is one who follows Abu Mansur Al Maturidi's theology, which is a close variant of the Ash'ari theology . The Maturidis, Ash'aris and Atharis are all part of Sunni Islam, which makes up the overwhelming majority of Muslims...
doctrine) or the Shafi`i and Maliki
Maliki
The ' madhhab is one of the schools of Fiqh or religious law within Sunni Islam. It is the second-largest of the four schools, followed by approximately 25% of Muslims, mostly in North Africa, West Africa, the United Arab Emirates, Kuwait, and in some parts of Saudi Arabia...
(which adopted the Ash'ari
Ash'ari
The Ashʿari theology is a school of early Muslim speculative theology founded by the theologian Abu al-Hasan al-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, among the liberal movements within Islam
Liberal movements within Islam
Progressive Muslims have produced a considerable body of liberal thought within Islam or "progressive Islam" ; but some consider progressive Islam and liberal Islam as two distinct movements)...
, some have questioned the need for Sharia law.
Bahá'í Faith
The laws of the Bahá'í FaithBahá'í Faith
The Bahá'í Faith is a monotheistic religion founded by Bahá'u'lláh in 19th-century Persia, emphasizing the spiritual unity of all humankind. There are an estimated five to six million Bahá'ís around the world in more than 200 countries and territories....
primarily come from the Kitáb-i-Aqdas
Kitáb-i-Aqdas
The Kitáb-i-Aqdas is a central book of the Bahá'í Faith written by Bahá'u'lláh, the founder of the religion. The work was written in Arabic under the Arabic title , but it is commonly referred to by its Persian title, Kitáb-i-Aqdas , which was given to the work by Bahá'u'lláh himself...
(The Most Holy Book). In Bahá'í 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'í, and becoming a Bahá'í is not conditional on a person's level of adherence. An individual is expected to gradually apply laws on a personal basis.
A few examples of laws and basic religious observances of the Kitáb-i-Aqdas which are considered obligatory for Bahá'ís include:
- Recite an obligatory prayerObligatory Bahá'í prayersObligatory Bahá'í prayers are prayers which are to be said daily by Bahá'ís according to a fixed form decreed by Bahá'u'lláh. Prayers in the Bahá'í Faith are reverent words which are addressed to God, and refers to two distinct concepts: obligatory prayer and devotional prayer . The act of prayer...
each day. There are three such prayers among which one can be chosen each day. - Observe a Nineteen Day FastNineteen Day FastThe Nineteen-Day Fast is a nineteen-day period of the year, during which members of the Bahá'í Faith adhere to a sunrise-to-sunset fast. Along with obligatory prayer, it is one of the greatest obligations of a Bahá'í, and its chief purpose is spiritual; to reinvigorate the soul and bring the...
from sunrise to sunset from March 2 through March 20. During this time Bahá'ís in good health between the ages of 15 and 70 abstain from eating and drinking. - GossipGossipGossip is idle talk or rumour, especially about the personal or private affairs of others, It is one of the oldest and most common means of sharing facts and views, but also has a reputation for the introduction of errors and variations into the information transmitted...
and backbitingBackbitingBackbiting or tale-bearing is to slander someone in their absence — to bite them behind their back. Originally, backbiting referred to an unsporting attack from the rear in the blood sport of bearbaiting....
are prohibited and viewed as particularly damaging to the individual and their relationships.
Hinduism
Hindu lawHindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...
is largely based on the Manu Smriti
Manu Smriti
' , also known as Mānava-Dharmaśāstra , is the most important and earliest metrical work of the Dharmaśāstra textual tradition of Hinduism...
(smriti
Smriti
Smriti literally "that which is remembered," refers to a specific body of Hindu religious scripture, and is a codified component of Hindu customary law. Smṛti also denotes non-Śruti texts and is generally seen as secondary in authority to Śruti. The literature which comprises the Smrti was...
of Manu). It was recognized by the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
after their rule of India
British Raj
British Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
but its influenced largely waned after the establishment of the Republic of India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, which is secular.
See also
- Lawsuits against GodLawsuits against GodLawsuits against God have occurred in real life and in fiction. Issues debated in the actions include the problem of evil and harmful "acts of God".- Ernie Chambers :In the U.S...
- Legal systems of the worldLegal systems of the worldThe legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Rule According to Higher LawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
External links
- List of the 613 Mitzvot(MitzvahMitzvahThe primary meaning of the Hebrew word refers to precepts and commandments as commanded by God...
) - The Canons of the Eastern Church