Relevance Of Religion In The Development Of Law: A Critical Standing
- IJLLR Journal
- 4 days ago
- 2 min read
Mohd Ammaar, Jamia Millia Islamia
Faisal Ali, Jamia Millia Islamia
INTRODUCTION
Religious legal traditions have long served as the foundation and guiding principles for the evolution of legal philosophy and reasoning. ‘Emile Durkheim’ defined religion as “a unified system of beliefs and practices relative to sacred things, that is to say, things set apart and forbidden beliefs and practices which unite into one single moral community called a Church, all those who adhere to them”. Law according to Austin is the “command of sovereign backed by sanction”. While human societies have rationally adapted and modified the legal principles to meet changing social conditions, religion has consistently played a crucial role in shaping the moral and legal order. Religion and law are inseparable and interconnected, the authority of law and the maintenance of a stable order were often derived directly from divine will.
In early civilizations, religion provided moral guidance, social cohesion, and legitimacy for authority. In Mesopotamia, the Code of Hammurabi (c. 1754 BCE) exemplifies one of the earliest known written legal codes which combines divine authority from the Babylonians God Shamash with systematic rules governing property, family, and civil matters. Similarly, in the Indian subcontinent, legal development evolved from the Vedic period, where ṛta (cosmic order) and dharma formed unwritten moral and social norms, to the Dharmasastra period, when texts such as the Manu Smrti codified duties and obligations combining morality, religion, and social order. The Mauryan era introduced edicts reflecting Buddhist ethical principles, while the medieval period saw the coexistence of Hindu, Muslim, and Jain personal laws administered by religious authorities. Even under British colonial rule, religious personal laws remained relevant for family and inheritance matters. Post-independence, India adopted a secular constitutional framework, yet religious laws continue to shape personal law, reflecting the enduring influence of religion in the legal system. This enduring influence reflects the continuity of religious legal traditions where social order and legitimacy are maintained through shared moral values and collective belief rather than through coercive force.
