In the world the legal system are based on one of three basic systems. There is Western law which is divided into civil law and common law. Then there is Religious law. Each country has its own unique legal system that they include variations of civil, common and religious law. Some have a combination of all three.
Civil Law are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings (PAUL M. HEBERT LAW CENTER). Whereas Common law are a body of rules that delineate private rights and remedies, and govern disputes between
individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law (Rogowski, Ralf). Both Types of Laws are influence by Religious law, which I would like to talk about in this paper. Europe looked to the Catholic Church to figure how to deal with legal disputes. The Church had its own set of Law and procedures to carry it out. Faith in God and his holiness will protect the innocent.
There are 3 main types of religious law. There are Sharia in Islam, Halakha in Judaism, and canon law in most Christian groups. Muslims, Jews and Hindus believe that the god(s) they worship gives them their Law. Religious Law is meant to bring human behavior into harmony with spiritual decree. Jewish law the Halakhah is the entire body of Jewish law. It governs all aspect of life in the Jewish community from food, marriage, crime, business practices and clothing. Religious law brings a community of believers willing to abide by these laws and willing to demand compliance from their fellow members who do not. Transgression will be punishing not only during one’s life, but also during the afterlife.
God or Gods reveal these laws to the prophets or religion’s founder. Religion history and development are critical due to the evens of giving the law .As in Islam; Mohammad is the founder and prophet of
Islam, who was to unite a hostile and culturally disparate people. Mohammad had vision where he could hear and repeat the word of God, which his disciples recorded and this became the Koran. Religious law is divine, therefore it’s eternal and perfect and it prevents challenges. We measure sin by God’s laws which are unchanging. Us as Human beings are naturally sinful. God’s answers to our sins are punitive. Jesus’ death on the cross is obligatory as a sacrifice to provide the only substratum for malignant humans to elude deserved penalization.
A religious body or doctrine officially sanctioned by the state is known as a State Religion is. When a state has an official religion, while they are not secular, they are no viewed necessarily as a theocracy. Theocracy is a form of government in which a country is ruled by religious leaders (Webster...