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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

Religion And The Law

Introduction

 Religion and Law both aspire to constitute or to frame human consciousness and behavior in both private and public life. Religion is a law-driven by faith in God or divine forces. However one can note that religion is a choice and Law has to be followed by everyone. Law is a set of rules which a particular country or community recognizes as regulating the actions of its members, it is enforceable by the courts. 

RELATIONSHIP BETWEEN LAW AND RELIGION

Morality and religion are important to prevent the corruption and exploitation of other people in the society.Thus it contributes to Law enforcement.Morality and religion contribute to the jurisprudence of a certain State.We all know how humans ought to Iive their lives. In religious law, sin is regarded as a violation of the cosmic order.Religion is a basis of human life, a way of living and following certain rules the religion enters the boundary of law whereby a person is compelled to follow or not to break the rules decided by a State.Hence religion and law are dependent on each other.

Religion plays a vital role in maintaining law and order.Religion teaches about commandments that should be followed, for example, Do not murder. In-Law there rules or laws whereby if you break a certain law, there will be a punishment. For example, being imprisoned for murder.

HOW DOES RELIGION AFFECT LAW AND PEOPLE’S LIFES

•Allowing religion to affect laws limits people’s freedoms. Religious influence should remain out of laws and out of politics.
•However some laws such as laws against murder or thievery are also found in religion, they are basic moral and ethical codes that address issues that are wrong.
•Religion is a belief held by certain people not everyone, thus allowing religions to affect the forces of the law religions on uninterested parties.
•Religion should remain what it truly is,a voluntary belief not science and law.
•Religion should simply be looked upon as a tradition or belief and not a science and certainly not law.

PURPOSE OF RELIGION

•Religious law tells people what to believe.
•To achieve the goals of salvation
•It tells people how to behave whereas law deals with our actions and how they affect others.
•It brings the society together.
•It prevents undesirable behavior in society by associating it with negative spirits.
•Explaining the unexplained.

PURPOSE OF LAW

•maintaining order
•protecting individual rights and liberties
•establishing standards
•maintaining peace
•promoting social justice
•facilitating orderly change

DIFFERENCE BETWEEN LAW AND RELIGION

•Law is defined as the system of rules which a particular country or community recognizes as regulating the actions of its members and which may enforce by the imposition of penalties.
•Religion is defined as a specific fundamental set of beliefs and practices agreed upon by a number of persons or sects.
•One can practice religion without being forced to practice it or forcing others to follow religious beliefs. However, laws require everyone to follow the rules or laws.
•In religion morals and ethics represent the will of the people which unlike laws which are sort of drafted by the government not the will of all the people in a country or state.
•Religion is the first source of Law, however, its mission was to teach people about God and ways of worshiping him, to teach people managing and organizing their lives by a set of rules.

Laws are there to teach people a way of life and to punish them If they don’t follow the rules.
•Law involves the use of threat or force while religion is voluntary.
•Law is what protects the right to practice your faith and Religion is just a set of beliefs.
•Ethics is about moral practices and Laws are defined by a State.
•Law is above all, even Kings are bound by certain laws.
•One can also say that religion is just a way of living.
•Religion has God’s laws and Law has rules made by men.

RELIGION AS A SOURCE OF LAW

Religion is the basis of human life which is not just following a belief but a way of living too because the followers of a particular religion follow certain rules and laws.One can also note that religion and law are dependent on each other because, before the concept of State, people were bound to follow religious duties. However, religion played a very important role in maintaining law and order in ancient societies. Religion played a deceptive role in the framing of laws. Also, religion has been a source of human rights. 

LAW, RELIGION, AND JURISPRUDENCE

According to Jurisprudence law means justice, morality, reason, order, and righteousness in view of the society. In view of Legislature, it means statutes, orders, acts and rulesThe religion of every man must be left to the conviction and confidence of every man.One of the major legal systems developed during the middle age was Islamic law and jurisprudence.According to Jurisprudence, the law is the command of the State hence laws are separate from both religion and morality.

CONCLUSION

It is very evident that law and religion are dependent on each other even though they have some differences.Law and religion should not be allowed to contaminate each other.Secular laws must always thrive to be the law for everyone while religion should be practiced voluntarily and as a way of life.Lastly, Law and religion are more similar even if they are a few differences.
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Author: Thandeka Mzungwana, Parul University, Vadodara, Gujarat

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