DR. RAM MANOHAR LOHIYANATIONAL LAW UNIVERSITY LUCKNOW

Rough Draft

Subject: - Foundation of Law

Project on: - Influence of Religion on Law

SUBMITTED TO: - SUBMITTED BY:

Miss. Deepika Urmaliya Srijita Kundan Assistant Professor Roll No. 133Foundation Of Law Semester 1st (Section-B)R.M.L.N.L.U. B.A. LL.B (Hons.)

I. Objective of study

This topic is about the extent of influence that religion has on law. The objective of my study is to see that despite secularism being adopted by a lot of countries in the world, how much of their laws are actually based on religion and also how laws of various countries deal with religion and religion related crimes in the present scenario.

II. Sources of data

Primary Sources Constitution of India Secondary Sources Books, Journals and Web sources

III. Methodology

The methodology used in this project is descriptive and analytic, using various articles, books, journals and web sources to find out and compare the various materials and compile a study on the topic.

IV. Hypothesis

My hypothesis is that there has been a lot of influence of religion has been there in law since its inception especially in and near India. India especially, has a lot of religion specific laws for example the separate laws governing the Hindus and the Muslims. In Europe, in the medieval ages, there has been a lot of influence of the Church on the way people should live and the laws prevalent at that time, in this period Saint Augustine, gave the concept that the goal of human life was to enter the city of God and it was also believed that man is fallen and devoid of reason and should look up to the chosen one of God for guidance.

Hence I believe that religion has played a crucial role in how the laws are shaped today.

V. Research questions

1. What is religion?

2. What is the extent of religion as a source of law?

3. How did and how does religion influence law?

4. What is the extent of influence of religion on law?

VI. Tentative Chapterisation

Introduction Religionis a set of cultural systems and beliefs that related to spirituality and moral value in man and concerning the cause, nature and purpose of the universe involving devotional and ritual observances. Most religions tend to have traditions, symbols, narrativeand sacred histories that are intended to give meaning to life and/or explain the origin of life and universe. They often contain a moral code for governing human affairs from their ideas about human nature and the universe. According to some estimates there are roughly 4200 religions in the world.

In primitive communities religion, morals and law were indistinguishably mixed together for example in the Ten Commandments of Christianity, the Eight Commandment is a legal duty, Thou shalt not steal, other Commandments also speak of how a person should live his or her life. The distinction between law and morality, law and religion came in the very later stages of evolution of modern thought.

Religion as a source of law

According to Sir Henry Meine, Religious fear of evil was the principle instrument in securing uniformity of conduct in primitive society at a time when law did not enjoy and independent existence. Origin of law in Greece was the divinely inspired judgments of the priest judges.

The fact that religion is a source of law can be seen as under the use of religious law in various countries today. In India itself there are different laws for Hindus and Muslims.

Influence of religion on law

The Jews regarded their laws as divine in origin as well as the Hindus and the Muslims. The law of Europe would have been different in form and content if there had been no Christianity.

Ridicule to the tenets of Christianity is blasphemy under the English Law.Religion enriched the law of England, the Chancellors of England who were responsible for the growth of equity were guided by their conscience.

Hence it can be seen that the law was influenced in the earlier stages by the moral code of the religions.

Extent of influence of religion on law

Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. The main kinds of religious law areShariain Islam,Halakhain Judaism, and canon law in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. The latter was particularly common during theMiddle Ages. Christianityisessentiallyanethicalreligion; and, although itsmoralprinciples were meant directly for the elevation of the individual, still they could not fail to exercise a powerful influence on such a public institution aslaw.

It can be seen that due to the popularity of these and other religions, the law which but also a moral code of conduct, has been influenced by religion as the original fear of a supernatural force imposing punishment of a wrong done is the principle instrument in seeking uniformity of conduct.

Conclusion

VII. Bibliography

1. The Influence of Religion on Law by the Rt. Hon. Lord Denning

2. Jurisprudence and Legal Theory by V. D. Mahajan

3. Fundamentals of Jurisprudence by Dr. N. V. Paranjape

4. Fundamentals of Jurisprudence by Dr. S. N. Dhyani

5. http://www.newsbatch.com/religion.html

6. http://www.newadvent.org/cathen/09066a.html

7. http://www.fas.org/sgp/crs/misc/R41824.pdf