5.3.3  Religious Law

(This is an archived extract from the book Patterns of Power: Edition 2)

Religious law can be a formalised articulation of rules which apply to members of a religious sect; there may be religious courts, which may specify punishments for breaches of their law.  Religious courts can also act as arbitrators in civil disputes, such as divorces.  An agreement to be bound by religious law can be regarded as part of a person's beliefs, so religious law should be permitted under the Universal Declaration of Human Rights (Article 18).  Equally, those who do not recognise a system of religious law should have the right not to be bound by it.

In practice, there are three ways in which a system of religious law can be implemented: there are countries where it is the only law (5.3.3.1); there are ways of formalising the relationship between religious law and State law (5.3.3.2); and it is possible to ensure that State law does not conflict with religious law (5.3.3.3).

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