12.09.2018, 15:30

The same and different features between religion and law in the philosophy of law

UOT 321. 01; 340. 11:1
Pashayeva A. N.
PhD in philosophy, researcher at the Department " Islamic Philosophy", Philosophy Institute of NA of AR, Baku (Azerbaijan)

Preface. The religion and law is the collection of norms that reflects Divinr instructions. The religiona and law which are the collection of rules and law were born in normal way. Each alive has the own right to born together with it, whether it is human being or the other alive. This norms are not for only one personality. There are rights of all people. But there are different features between these two concept (religion and law) as well as the relevant features. One of the issues that needs to be analyzed in the philosophy of law is similar and different issues between religion and law. As religion and law are the different conceps, ofcourse it is possible to have contraversial issues between them. It is necessary to pay attion to thougts of philosophs and lawyer in about this topic.
The target of research. The main topics related to religion and law are researched in philosophy of west in current time. The religion talked about issues related to law, especially about human rights in wide range and it insistantly said the validity of laws always regardless of different periods. Taking into considereation the important significance of our topic in current period, we decided to analyze the issues not only in philosofical but also in legal aspects. To analyze such issues which contain moral and public values have important significance for today and future.
Analyzed issues. When we analyze the law of philosophy, we are the witness of people know the law as a holy action, as well as, they called its requirements, rules and laws as a divine action. As divine laws are fixed and unchanged law and rules within the law are fix and unchange. As it known, the law was considered as a holy order in ancient times and no one was allowed to violate sacred laws. But when time overs and period changes as a result of different cultures the law lost its divine colour and started to get public character. In this condition, the law was considered as a mani mean in westren world and western thinkers decided to write philosophy of law, as well as to give explanation to rights belonging to world of existence on the public and govermental basis. The law was written and explained by them is called positive (research) law. Generally, there were no differences between divine and public laws in primary society and these law were attributed to all nature issues. We can say that, the divine laws covered all issues and had the power of arbitration. But gradually these two system (divine and public laws) was seperated (1.p.70). Of course, in all periods there were human values (legal norms) which contain important issues proper to that period. When glancing to history of religions, it turns out that, worship of one’s being in Ibrahim’s religions was unchanged and fixed law. This law was extended to every one and it was necessary order the ensured to public and personal life sof people. According to thoughts of western thinkers, ancient Jewish religion had the main place in formalization of legal principles in west. The “Ten order” instruction which was against to Feris laws of Excellency Musa (hello to him) was the most important step for praying to “The Torah” (Ancient covenant). The famous sociologist of Germany Max Weber marked to this issues in his “Sociology of Religion” work. He called the priniples of Jewish Religion “Explanition of law” (2.p.29). The legislation, protection of human being in definite limits and valuation of human actions in were detected proper to law in“The Torah”. If we analyze it carefully we can see that, the purpose of human creation is that it is the head of all creatures on earth (3.1/26&28). When we say head, it does not mean domination, may be the main purpose is the regulation of relations among people in norms and its development. I mean, the disires nd wishs, requirements, needs are solved within law and justice. To look for way all together in difficult positions and to get its right without anybody violation and without crushing rights. Religion and law complete each other in these issues and their target is the same. The aims in religion norms are not only human to have the rights that they value, but also may be the main aim is the legal norms of humanity should be the dominant in current earth. The religion is on the laws and constitution and these c must clauses explained to society as they are. Thus the religios cereminies must be analyzed not on the basis of moraly, but on the basis mental and scientific evidences and publicized. The moral values that exist in Jewsih religion showed themselves in the Christian religion. When we analyze Christian religion it seems that, the moral values have been transferred to Christian from Jewish as heritage. Because, in Christian the God is considered as a source of law of people. Excellency Isa (hello to him) says in “İncil” (new covenant “I came to improve the laws, not to violate them” (4.pp. 8&10). The Western philosophy pays more attention to law; they relate righst and law not only with practice, but also with philosophy. When the legal philophers analyzed main issues of law in philosophical aspect, they talk about the importance of current rights, course of their creation, public influence, the similar and opposite relations among these rights and other spheres and the other issues. Besides, the western thinkers try to prove that, the law connects not only with collection of laws and human activity. The law is a sacred act that dependes on human spirit and this act is also an indication of the great and endless culture. It is a culture that the positive solution of each problem connects with it. Otherwise, the balance and discipline in the world surrounding us will move from the right direction. Th religion does not consist of only theoretical and practical issues which instill spiritual cleanness and heavenly feelings. The religion is also a culture. That’s why there were similar and different issues between religion and law. Although religios ceremonies and legal norms were born together with man, each of them has its own function in public issues seperatly. One of them orders: it should be and should not be (the law), the second one instills moral values (le religion) and invites the man to straight way. The religion is a collection of science and public laws, news depending on different periods and historical events and all these are revealed to the prophets through relevation and are attributed to all spheres of public life (5.v.6, p.211.v. 16,s.178.). When we have a look at all spheres of public life religious norms cannot be ignored and the religion reflects public-legal issues in itself. Because the religion is neither advice, nor target and remedy. The religion is a independent way of humanity which glorifies all categories of humanity. When we speak about commitment between religion and law, it is necessary to pay attention to norms of livings. Because these norms are analyzed on the basis of different principles. According to Islam religion, Islamic culture is a completely secular and everlasting culture. Therefore, Islam pays special attention to human and human rights from different sides. The main target is to meet public and political requirements by creating fair and legal structure. In Islam individual, public and political law is a collection of privilege and skill. It is known officially for each person and persisted to follow it. The religion is also showed as a collection of belief, morality, law and rules for increasing public-cultural development of people in works of thinkers (6. p.93). It is possible to conclude that, both in religion and law all rights belonging to livings must be protected and people have to comply all rights that are appointed for them. For complying of all requirements it is necessary to have the public and cultural level.If religion instills moral feelings to man, law attempts to apply these emotions in public life and tries all these processes related to man are solved not only on the basis of words and ideas but also on definite limits. One of the main differences between law and religion is that the religious ceremonies call human being for the straight path, but the law implements this call on the basis of laws and forcing any individual to follow certain norms. Of course, issues between religion and law can not only be analyzed on a basis of modern period, but they must be carefully researched at all times because they have very ancient roots and relationships.

For centuries, religious and legal norms that have protected the human being have existed throughout history as an integral part of culture. Of course, there are similar and different issues among existing norms. Western thinkers paid attention to these issues when speak about law of philosophy and they researched the important issues based on logic. The similar and different issues between religion and law were analyzed according to thoughts of east and west scientists in this article.
Key words: religion, law, rights, legal philosophers, philosophy of law.

1.Lloyd Dennis. “The idea of Law”. Penguin Books INC. London 1964, p. 70).
2.Sakit Mahammadhuseyn. “Historical review of philosophy of law”. Publisher: Modern world, Tehran 1370.
3.Ancient Hebrew Torah. (The Holy Scriptures). America. Lakeside Press, Chicago 1917. 1/26 & 28.)
4.Friedrich, Carl Joachim. The Philosophy of Law in Historical Perspective. The University of Chicago Press, Chicago 1969. pp. 8 & 10).
5.Mahammad Huseyin Tabatabai. Al-Mizan. Publisher: Jame mudarrisin. Qom
6.Javad Amuli. Analysis of Islamic law based on science. Publisher: Raja, Qom.

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