RELIGION AND LAW
RELIGION AND LAW
Author : Eshika Singla
INTRODUCTION
Religion is one of the basic proofs of existence of human life. It does not only involve following one’s belief but is most possible way of defining a person’s living style. People following different religions adapt themselves or their lifestyles as per their religion. Now a person living specific livelihood which is totally bound by his religion is expected to also follow laws of state i.e. country where he resides. Following the rules of religion, he is compelled to follow the law, it is from we can say that both law and religion go hand in hand or let’s say they are dependent on each other. Now India is a diverse country with different religions such as Hinduism, Sikhism, Islam, Christianity etc. Now the question arises with so much of diversification in religion how it is possible to frame a common set of laws for them. Based on different religions different laws evolved from time to time. In this article we will study evolution and development of laws and impact of different religions on it, evolution of Hindu law in India, affect of religion on policy and law and finally conflictions between religion and law.
HISTORY OF RELIGION AND LAW IN WORLD
As far as history of law is concerned it is directly connected to involvement of civilization. Is basically means how a particular law evolved and what led to changes in it with time. Many of the jurists and 20th century historians look into the history and connected law with social elements of civil society. As per civil Egyptian law in earlier ages civil code was categorized into 12 books based on the characteristics like social equality, impartiality and tradition. Example of one such law that developed on the basis on religion is:
- ISLAMIC LAW – Jurisprudence and Islamic law are one of the most importance legal systems developed in middle ages. If Common law is called as a judge’s laws then Islamic law may be termed as lawyer’s law. During Islamic Golden age also known as classic period of Islamic law and Jurisprudence, Islam jurists developed number of very important legal institutes. Some of the legal institutes that evolved from this are Hawala, law schools know as ‘Madrasas’ in Islam.
HISTORY OF RELIGIONS IN INDIA
In terms of religion India has always been a diverse country right from the time of Independence or say before that. Ancient India consisted of two religious streams named Shramana religion and Vedic religion, both of these have been in existence for a period of over thousands of years. Some of the other native religions of India are Buddhism and Jainism. Approximately 80% of India’s population follows Hinduism, then comes Islam followed by Christianity and Sikhism. Although large number of populations is devoted to Hinduism yet there is no discrimination between people based on religions but on the same inter religion marriages are not so widely accepted. People in India most often respect each other’s religion and follow a secular outlook. Even Preamble of Indian Constitution has word ‘Secular’ embedded in it.
HISTORY OF INDIAN LAW
In India law largely developed from English Common Law because of the influence of British Colonial system in British Raj for a long span of time. It would be a bit surprising but various legislation formed by Britishers during their Raj are still in effect without any modification made to them.
- Indian constitution is one of the lengthiest written Constitution in the world, it consists of various provisions borrowed from Constitutions of other countries at time of its formation.
- Then comes Family law, it purely varies from one religion to other. NO Uniform Civil Code has been formed so far. Different religions follow their own personal laws, however presently attempt is being made to introduce uniform civil code.
- For Christian law there is no specific branch of law in India. Certain specific statues are being followed.
- Personal law of Muslims is termed as Mohamaedan law which is based on Sharia.
DEVELOPMENT OF HINDU LAW IN INDIA WITH RESPECT TO RELIGION.
Hindus in India are governed by specific branch of law known as Hindu law. If we refer to the etymological meaning of word ‘Hindu’ it was used for all the people who were inhabitants of India and there were no differences on the basis of religion. But as the time passed by people started associating it with religion. Now Hindu law is applicable to those people who are Hindu by birth and by faith. A large part of Hindu law is also applicable on Jains.
Hindu law is applicable to:
- Person Hindu by birth
- Illegitimate child (either mother or father is Hindu)
- Jains, Sikhs, Buddhists, Arya Smajhi
- Hindus who for marriage declared themselves not to be Hindu under special marriage act.
Further Hindu law is governed by two schools called ‘Mitakshara’ and ‘Dayabhaga’. Some of the most popular ancient sources of Hindu law are:
ANCIENT SOURCES:
- Smritis
- Shrutis
- Commentaries
- Customs
- Digests
MODERN SOURCES:
- Principles of Justice, equity and good conscience
- Legislation
- Judicial Precedents
Like this there are various religious factors that led to codification of Hindu law over a period of time. Initially it was a difficult task but as time evolved some of the famous jurists with their due hard work and efforts were able to bring it into effect.
CONTRADICTION BETWEEN LAW AND RELIGION
Contradiction between law and religion is not a new concept it started right at the time of law was being framed. The conflicts between religious values of people, their faiths, beliefs on one side and what the law of a country expect from their citizen has grown with time. Somehow people feel that a particular law is a mere infringement of their rights. Let take example of cow meat which is referred to as beef, in some states people slaughter cows to eat their meat but for Hindu religion cow is considered to be sacred and treated as mother. So here in some state’s laws have been framed prohibiting cows slaughter for beef while in other it still goes on.
CONCLUSION
I would like to pen down by saying that it’s good as long as both law and religion goes hand in hand else it can pose a serious threat for a country’s harmony and peace. Both the topics are sensitive enough to be altered or mull.
