Who is the legal authority?
Islam
The Qur'an teaches that sovereignty and judgment belong to Allah alone. Believers must obey Allah, the Messenger and those in authority among them. Disputes are to be referred back to Allah and the Messenger. I2I1I4
- Faith requires accepting the Messenger's judgment in disputes "in total submission". I4
- "Those who do not judge according to what Allah has sent down are the disbelievers". I3
References
- I1Qur'an 4:59 (An-Nisa) · Qur'an · Mufti Taqi Usmani
- I2Qur'an 12:40 (Yusuf) · Qur'an · Mufti Taqi Usmani
- I3Qur'an 5:44 (Al-Ma'idah) · Qur'an · Mufti Taqi Usmani
- I4Qur'an 4:65 (An-Nisa) · Qur'an · Mufti Taqi Usmani
Christianity
The Bible names God as the "one lawgiver", while every soul is to be subject to the "higher powers", because God ordains them. Jesus separates what is owed to Caesar from what is owed to God. C2C1C4
- The Congregationalist Savoy Declaration calls Christ the "only lawgiver". It holds that Israel's ceremonial and judicial laws have lapsed, while the moral law binds everyone forever. C6
References
- C1Romans 13:1 · Bible · King James Version (with Apocrypha)
- C2James 4:12 · Bible · King James Version (with Apocrypha)
- C4Matthew 22:21 · Bible · King James Version (with Apocrypha)
- C6Savoy Declaration of Faith, Chapter 19: Of the Law of God · Savoy Declaration of Faith (Congregationalist) · Copyright - Reformed Standards
Judaism
The Tanakh declares that "the LORD is our Judge, the LORD is our Lawgiver" and that "the judgment is God's". In practice, the priests, the Levites and the judge of the day declare the sentence. J3J2J1
- Maimonides holds that the Sanhedrin (high court) has judicial authority in the Land of Israel and in the diaspora. Diaspora courts could try capital cases only if their judges received semichah (ordination) in the Land of Israel. J6
- Judges must not favour persons or fear any man, and must bring cases that are too hard for them to a higher authority. J2
References
- J1Deuteronomy 17:9 · Tanakh · JPS 1917
- J2Deuteronomy 1:17 · Tanakh · JPS 1917
- J3Isaiah 33:22 · Tanakh · JPS 1917
- J6Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 14:14 · Mishneh Torah (Maimonides) · Eliyahu Touger
Hinduism
The Laws of Manu make the king the enforcer of law, who punishes wrongdoers. A king who fails to punish takes the thief's guilt on himself, and a king who punishes the innocent is as guilty as one who frees the guilty. H2H1
- People punished by the king "go to heaven, being pure", so royal punishment removes their guilt. H2
References
- H1The Laws of Manu, The Laws of Manu IX · The Laws of Manu · Georg Bühler, SBE 25 (1886)
- H2The Laws of Manu, The Laws of Manu VIII · The Laws of Manu · Georg Bühler, SBE 25 (1886)
Buddhism
The sources searched do not address this question directly.
Sikhism
The Guru Granth Sahib teaches that "everyone is subject to His Command; no one is beyond His Command". This command is the Hukam (divine order), by which the world was made and is sustained. S7S2
- Only those who realise the True Lord are true kings. "These mere earthly rulers are not called kings." S6
- The Gurmukh (one oriented to the Guru) recognises the Hukam (divine order) and merges in the Lord by surrendering to it. S2
References
- S2Guru Granth Sahib, Ang 1036-1037 — Raag Maaroo, Guru Nanak Dev Ji · Sri Guru Granth Sahib · Sant Singh Khalsa (BaniDB)
- S6Guru Granth Sahib, Ang 1088 — Raag Maaroo, Guru Nanak Dev Ji · Sri Guru Granth Sahib · Sant Singh Khalsa (BaniDB)
- S7Guru Granth Sahib, Ang 1 — Jap, Guru Nanak Dev Ji · Sri Guru Granth Sahib · Sant Singh Khalsa (BaniDB)
Secular Ethics
The Amsterdam Declaration supports "the rule of law, and universal legal human rights", grounded in reason and compassion and "needing no source outside of humanity". The Universal Declaration of Human Rights gives everyone recognition as a person before the law. X5X3
- Humanist Manifesto II calls for world law and a transnational federal government that goes beyond national sovereignty. X1
- Hume argues that the laws of justice ultimately rest on "the interest and happiness of human society". X6
References
- X1Humanist Manifesto II — World Community · Humanist Manifesto II · American Humanist Association (1973)
- X3Universal Declaration of Human Rights — Preamble · Universal Declaration of Human Rights · UN General Assembly (1948)
- X5The Amsterdam Declaration — Amsterdam Declaration 2022 · The Amsterdam Declaration · Humanists International (2022)
- X6David Hume, An Enquiry Concerning the Principles of Morals — Part Ii. · An Enquiry Concerning the Principles of Morals · David Hume (1751), Project Gutenberg
Comparison
| Aspect | Islam | Christianity | Judaism | Hinduism | Buddhism | Sikhism | Secular Ethics |
|---|---|---|---|---|---|---|---|
| Ultimate source of law | Allah alone; sovereignty belongs to none but Him | God, the one lawgiver; Christ the only lawgiver (Savoy) | The LORD as Judge, Lawgiver and King | Not stated; the king enforces the law | Not addressed in the sources | Hukam (divine order); no one is beyond it | Humanity itself, through reason, compassion and the rule of law |
| Human holders of authority | The Messenger and those in authority among believers | The higher powers, which God ordains | Priests, Levites, judges and the Sanhedrin (high court) | The king, who punishes wrongdoers | Not addressed in the sources | Earthly rulers are not true kings | Democratic institutions and a proposed transnational federal government |
| Settling disputes | Refer them to Allah and the Messenger | Do not judge another; God alone judges | Take hard cases to the higher court | The king punishes the guilty and spares the innocent | Not addressed in the sources | Not addressed in the sources | Everyone is equal before the law, without distinction |
| Limits on human authority | Judging by anything other than revelation is condemned | Give Caesar his due, and give God what is God's | Judges must not favour persons or fear men | A king bears guilt if he punishes unjustly | Not addressed in the sources | Rulers are created beings who soon pass away | Universal human rights; liberty balanced with duty to society |
Conclusion
Islam, Christianity, Judaism and Sikhism all place final legal authority in God. Each still gives human authorities a role: the Messenger and those in authority, ordained powers, priests and judges, or, in Sikhism, earthly rulers who are judged against the True King. The Laws of Manu treat the king as the enforcer of law. Secular statements root law in humanity, in human rights and the rule of law. The sharpest difference is whether law draws its authority from God's command or from human reason and agreement. The Buddhist sources given do not address the question.
Where they agree
- Most of the traditions require judges and rulers to be impartial and accountable.
- Every tradition that addresses the question gives some human institution the task of applying the law.
Where they differ
- The theistic traditions treat God as the final lawgiver, while secular ethics holds that law needs no source outside humanity.
- The traditions differ on how far human authority reaches: some call for obedience to divinely ordained powers, while Sikh scripture holds that earthly rulers are not true kings.
Comments
Loading…