Religous Law system

Religious legal systems Definition, Types, Principles, and Islamic Law in the Context of Global Traditions Лазарева Анастасия Вадимовна Юпс 22 12.12.2025

Definition of the religious legal system • System of norms: A set of legal and moral-ethical rules based on sacred texts, dogmas, and the interpretation of religious authorities. • Divine origin: The source of law is the will of a deity, rather than human legislation. Law is considered absolute and immutable in its fundamental principles. • Comprehensive nature: It regulates both spiritual and secular aspects of human and societal life (religion, family, property, criminal law, and government). • The fusion of law and morality: There is no clear separation of law and morality, as is the case in secular systems.

The diversity of religious law • Islamic Law (Sharia): The most widespread and elaborated religious system today. • Jewish Law (Halakha): Historically significant, retains influence in Israel and Jewish communities. • Hindu Law: Basis for personal law of Hindus in India and Nepal. • Canon Law (Christian): Internal law of Churches (especially Catholic), historically influenced European law.

Islamic Law (Sharia) Sharia (الشريعة): "The Way to the Source of Water." The divine, perfect, and universal law that encompasses all aspects of a Muslim's life. Fiqh (الفقه): "Understanding." The human jurisprudence developed by scholars (fuqaha) to interpret and apply the Sharia in specific situations. Quran: The Holy Book, the direct word of Allah. Sunnah: The actions, sayings, and silent approvals of Prophet Muhammad, as recorded in the hadiths.

Islamic Law: Secondary Sources and Application Ijma (الإجماع): The unanimous opinion of authoritative Islamic scholars on an issue that is not resolved in the Quran and Sunnah. Qiyas (القياس): Judgment by analogy, deriving a solution for a new case based on a similar case from the primary sources. Madhhabs: Schools of fiqh (Hanafi, Maliki, Shafi'i, Hanbali), each with its own methodology. Application in countries: Full state law: Saudi Arabia, Iran. Partial (family, personal status): Egypt, Indonesia, Malaysia, Pakistan. Internal communal law: Muslim communities in secular countries.

Hindu and Canon Lawм Jewish Law (Halakha):мBasis: Torah, Talmud. Application: In Israel, it regulates family and inheritance relations for Jews through rabbinic courts. In the diaspora, it serves as an internal communal law. Hindu Law: Basis: Vedas, Dharmashastras. Application: In India and Nepal, it serves as a "personal law" for Hindus in matters of marriage, divorce, and inheritance. Canon Law (Christian): Basis: The Bible, papal decrees, and conciliar decrees. Application: The internal law of the Catholic and other Churches, which regulates their structure, sacraments, and discipline. It is not a state law.

Fundamental Principles of Religious Legal Systems Divine sovereignty: Law is a manifestation of divine will, not human creation. Moral and ethical conditioning: The inseparable connection between legal norms and the ethics and morals of religion. The principle of justice (Adl, Dharma): The pursuit of establishing divine justice. The principle of community: The individual is viewed as part of a religious community, and their rights and obligations are determined by this status. The immutability of fundamental norms: The basic principles of the sacred texts are considered eternal, but interpretations may adapt. The principle of responsibility: Includes legal, moral, and often posthumous responsibility

The pillars of world law Religious law (which is based on divine revelation and its interpretations). Continental law (which is based on codified laws). Common law (which is based on judicial precedents). These systems form the basis of the legal system in most countries around the world.

Key differences: Sources of law and the role of the law Sacred texts, religious doctrines (Quran, Sunnah) | Codified laws (Codes), regulations | Judicial precedent (case law), statutes | The role of law (statute)-Expression of divine will, absolute nature The primary and main source, abstract norms Important, but detailed and interpreted by precedents | The role of judicial precedent is not mandatory, but it can serve as a guideline (the opinion of scholars) and is not mandatory (except for decisions by higher courts). It is mandatory for lower courts (stare decisis).