Rabu, 11 Juli 2007

Religious law

Religious law

Main article: Religious law
An Ashkenazi Torah scroll. The Torah is one of the oldest religious law documents in existence, although its laws were subject to explanation and interpretation in later generations.
An Ashkenazi Torah scroll. The Torah is one of the oldest religious law documents in existence, although its laws were subject to explanation and interpretation in later generations.

Religious law refers to the notion that the word of God is law. Examples include the Jewish Halakha and Islamic Sharia, both of which mean the "path to follow". Christian Canon law also survives in some Church communities. The implication of religion for law is unalterability, because the word of God cannot be amended or legislated against by judges or governments. However, religious texts usually do not provide for a thorough and detailed legal system. For instance, the Quran has some law but not much, and it acts merely as a source of further law through interpretation.[57] This is mainly contained in a body of jurisprudence known as the fiqh. The first five books of the Old Testament are known as the Torah and include Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Halakha is the interpretation of teachings and is followed by orthodox and conservative Jews in both ecclesiastical and civil relations. Nevertheless, Israel is not governed by Halakha, but under Israeli law, the litigants may decide, because of personal belief, to have a dispute heard by a Rabbinic court and be bound by its rulings. Canon law is only in use by members of the clergy in the Roman Catholic Church, the Eastern Orthodox Church and the Anglican Communion. Until the 18th century Sharia law reigned supreme, nominally at least, throughout the Muslim world; but since the mid-1940s efforts have been made, in country after country, to bring the law more into line with modern conditions and conceptions.[58] Nowadays, Sharia is merely an optional supplement to the civil or common law of most countries, though Saudi Arabia and Iran's whole legal systems source their law in Sharia. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics.[59]

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