RELIGIOUS LAWS AND RELIGIOUS CRIMES IN DEVELOPING AND

DEVELOPED NATION
ABSTRACT
1. ABHISHEK SINGH DEVAL
2. PRABHAV PANDEY
Through this research paper, we would like to reflect on the role of religion in the life of human
beings. It analyses the religion in developing and developed nations and how religion plays a
crucial role in making laws for so many nations. This paper highlights that religion is a source
of law and many nations like Saudi Arabia, Iran, India, their laws basically find its origin from
religion. This research paper covers religious laws and religious crimes in developing and
developed nations since in developing nations people still believe religion is the main source
of law. E.g., Pakistan is an Islamic state and the laws of Pakistan have originated from Islam
and more of its law is co-extensive with religion. The developed nations are also on equal
footing as far as such matter is concerned. There are many developed nations whose laws are
related to religious beliefs. At times such laws create disorder in society and lead to various
religious crimes in the society. This paper covers because of religious laws, religious crimes
are being committed and there have been many examples related to the same recently like the
Sabrimala case in which religious laws were the reason why there had been tension in Kerala
and thus such occurrences lead to religious crimes. Further details and cases would be discussed
in the research paper.

Keywords: Islamic Laws,Religious laws,Religious crimes,Hindu laws,Violance,Tension

 INTRODUCTION
Religion is the basis of life and everyone try their best to follow religious laws and
sometimes these laws create chaos in the society. Whether the tension occur among Sikhs,
Muslims and Hindus in India, or between Jews and Muslims in Jerusalem"1 . No major world
religion has avoided generating violence radical movements from within its ranks2 . This has
been the situation "since time ancient"3 . Religion-motivate violence is the stimulus for some
people to call for the abandonment of religion altogether4 - it's not worth the risk. Religion
fanaticism has bred the most fanatic individuals and cultures due to its intolerance of another
gods and a general strictness on the specifics of belief but, other forms of religion also breed
antisocial and violent individuals. Public review (in the USA) correctly rates Islam, Christianity
and Hinduism as the most violent religions (64%, Religion continues to be related with violent
fanaticism, as religion-inspired horror occurs with 9% and 4% said so); Judaism was rated last
at 2% 5.

Three factors lead believers into uncivil behaviour. (1) The illogical of belief and (2)
the legitimization given to actions by beliefs in supreme authorities, without the teaching of
any analysing and skeptical way of judging between claims as to what those supreme
authorities would want. For limited people, voices in their heads are all that are required as
long as they believe in god(s) which have right to speak to them. For others, including non-
beliver skeptics, such voices are immediate warning signs of impending mental ill health.
Thirdly, (3), an otherworldly utopianism and fixation with the unlawfullness, badness or
immorality of this world often throw groups into extreme isolation where they cease to consider
other religion people to be worthwhile human beings. Both illogical and criminal behaviour
are given free rein within religious systems of thought, as is suicide to escape this world and
move on to the 'next'. Mass suicide, shoot-outs, gas attacks and other cruelty have befallen
groups whose main thing in common is self-isolation from wider society, and a be afraid of a
generally Christian-themed apocalyptic judgement-day. Many such groups emerged from
mainstream religious movements and gradually became more and more dissident over time.
The main causes that allow this slip are insipid supernaturalism, poor education, dissidant
schooling and a lack of practical thinking.

1.Religious law’s
Religious law mention to ethical and moral codes taught by religious traditions.
Examples cover Christian canon law, Islamic sharia, Jewish halakha, and Hindu law6.

1
Added to this page on 2017 Jan 14. Wenzel (2011) Chapter "Conclusion" p186.. The author cites L. Kaplan
(ed.) "Fundamentalism in Comparative Perspective" (1992). Published by the University of Massachusetts
Press, Amherst, USA
2
Bruce (2008). Chapter 1 p5. Added to this page on 2017 Jan 14.
3
Kressel (2007). Chapter "Introduction" digital location 106-107. Added to this page on 2017 Jan 14.
4
Kressel (2007). Chapter "Introduction" digital location 110-111. Added to this page on 2017 Jan 14.
5
Kressel (2007). Chapter 3 "Killers in Every Faith: Christians and Jews" digital location 1350-1351. Data from
2006. The question was asked as to which of those four religions is most violence. Added to this page on 2017
Jan 14
6
Gad Barzilai, Law and Religion, Ashgate, 2007
1.1 Established Religions And Religious Institutions
A state religion (or established church) is a religious body officially subscribe by the
state. A hierocracy is a form of government in which a God or a deity is recognized as the
supreme civil ruler.
In both theocracies and some religious jurisdictions, dedicated objectors may cause
religious offense. The oppositing legal systems are secular states or multicultural societies in
which the government does not officially adopt a particular religion, but may either repress all
religious activity or enforce tolerance of religious diversity.
1.2 Examples Of Religious Laws
1.2.1 Christianity
Within the substructure of Christianity, there are many possible definitions for religious
law. first is the Mosaic Law also called Divine Law or biblical law, the most famous example
being the Ten Commandments. Another is the guidelines of Jesus of Nazareth to his follower
in the Gospel (often referred to as the Law of Christ or the New Commandment or the New
Covenant, in contrast to the Old Covenant). Another is the religious Decree of Acts 15, which
is still perceive by the Greek Orthodox Church7. Further is canon law in the Catholic, Anglican,
and Orthodox churches.

In some Christian communion, law is often juxtapose with elegance (see also Law and
Gospel and Antithesis of the Law): the contrast here speaks to attempts to gain salvation by
compliance to a code of laws as opposed to seeking salvation through believe in the atonement
made by Jesus on the cross.
1.2.2 Islam
Mohammadian law, also known as Islamic law , is the ethical code and religious law of
Islam. Islam is derived from two first sources, the precepts set forth in the Quran and the
example set by the Islamic prophet Muhammad in the sunnah. Islamic jurisprudence clarify
and extends the application of sharia to questions not directly addressed in the primary sources
by including secondary sources. These secondary sources usually include the consensus of the

7
Karl Josef von Hefele's commentary on canon II of Gangra notes: "We further see that, at the time of the Synod
of Gangra, the rule of the Apostolic Synod with regard to blood and things strangled was still in force. With the
Greeks, indeed, it continued always in force as their Euchologies still show. Balsamon also, the well-known
commentator on the canons of the Middle Ages, in his commentary on the sixty-third Apostolic Canon, expressly
blames the Latins because they had ceased to observe this command. What the Latin Church, however, thought
on this subject about the year 400, is shown by St. Augustine in his work Contra Faustum, where he states that
the Apostles had given this command in order to unite the heathens and Jews in the one ark of Noah; but that then,
when the barrier between Jewish and heathen converts had fallen, this command concerning things strangled and
blood had lost its meaning, and was only observed by few. But still, as late as the eighth century, Pope Gregory
the Third (731) forbade the eating of blood or things strangled under threat of a penance of forty days. No one
will pretend that the disciplinary enactments of any council, even though it be one of the undisputed Ecumenical
Synods, can be of greater and more unchanging force than the decree of that first council, held by the Holy
Apostles at Jerusalem, and the fact that its decree has been obsolete for centuries in the West is proof that even
Ecumenical canons may be of only temporary utility and may be repealed by disuse, like other laws."
ulama embodied in ijma and analogy from the Quran and sunnah through qiyas. Shia jurists
prefer to apply reasoning ('aql) rather than analogy in order to address difficult questions.

Muslims believe sharia is God's law, but they differ as to what exactly it
8
entails .Modernists, traditionalists and fundamentalists all hold different views of sharia, as do
adherents to different schools of Islamic thought and scholarship. Different countries, societies
and cultures have varying interpretations of sharia as well.

Sharia deals with many topics addressed by secular law, including crime, politics and
economics, as well as personal matters such as sexual intercourse, hygiene, diet, prayer, and
fasting. Where it has official status, sharia is applied by Islamic judges, or qadis. The imam has
varying responsibilities depending on the interpretation of sharia; while the term is commonly
used to refer to the leader of communal prayers, the imam may also be a scholar, religious
leader, or political leader.

The reintroduction of sharia is a longstanding goal for Islamist movements in Muslim

countries. Some Muslim minorities in Asia (e.g., in Israel or in India) have maintained
institutional recognition of sharia to adjudicate their personal and community affairs. In
western countries, where Muslim immigration is more recent, Muslim minorities have
introduced sharia family law, for use in their own disputes, with varying degrees of success
e.g., Britain's Muslim Arbitration Tribunal. Attempts by Muslims to impose sharia on non-
Muslims in countries with large Muslim populations have been accompanied by controversy,9
violence, and even warfare (cf. Second Sudanese Civil War)10.

2.CRIME IN RELIGION

Crime in religion is sadly an everyday fact that occurs around our world while millions
of people are unaware of it. Religious crimes have been happening since time immemorial and
they have been posing a global problem for mankind. Fortunately, there have been a lot of
countries that have opened their arms and people have found refuge. Others, however, are the
cause of this oppression due to the fact that their governments lack a system that would protect
them from these crimes against religions.
Exploring the beginning of human civilization we come across two factors that have
always played a significant role. Those two factors are crime and religion. Man, since we can

8
Otto, Jan Michiel (2008). p. 7. "When people refer to the sharia, they are in fact referring to their sharia, in the
name of the eternal will of the Almighty God."
9
Hamann, Katie (December 29, 2009). "Aceh's Sharia Law Still Controversial in Indonesia". Voice of America.
Retrieved September 19, 2011.
10
PBS Frontline: "Civil war was sparked in 1983 when the military regime tried to impose sharia law as part of
its overall policy to "Islamicize" all of Sudan."
External links
recall, must realise that it has the power to rule everyone. That is why when a group of people
decide to put men’s beliefs aside and follow a religion or a deity of their own, conflict emerges
as fast as explosive granite. For this reason, at present we have so many crimes related to
religion because some people are in opposition of others who have a different point of view.
People feel the need to be accepted and when that cannot be accomplished they go to utmost
ends to reach their goal. It is a pity that we must see crimes in every facet of our lives. Even
when we think that religion can be the solution to vindicate humanity and make it peaceful, the
total contrasting takes place. But this is not the worst part. Sometimes religion contributes to
violence since some religions preach the concept of self sacrifice and force people to go in that
way. In our world we have observed this in many occasions; such as suicide bombers who kill
instantly hundreds of people. A perfect example of this is the 9/11 incident when the hijackers
who were responsible for killing over 2,000 people were following their Al- Qaeda leader
Osama Bin Laden’s religious teachings. It is very appalling to see how religion and crime go
together like salt and pepper. That is why for the benefit and well being of humanity we must
put an end to all this violence, especially tormenting human beings because of religion.

Beginning from Islamic to communist countries, all over the world there are constant
religious crimes. Direct state oppression, which means persecution by the government, is seen
in Saudi Arabia where any non- Islamic or dissident Islamic religious expression is prohibited
(Marshall, 1998). Christian meetings are banished, worship services are extremely cracked.
Any Saudi person who seeks to abandon the Islam faith adepts the real prospect of death
(Marshall, 1998). One would not think that in the 21st Century we would still have countries
where their own governments are the ones in charge of religious oppression. Saudi Arabia for
example, has a hierocracy which means that it is actually a religion that masters the ways of
that country, and if one is not a part of it, one’s own life would be in hazard. Unfortunately and
seriously, this is not the only country in the world where religion faces persecution. This goes
back to the questions asked before, how can those crimes be prevented if the government is
doing all this. These are the problems that are going on in our world and millions of people
don’t what this is all about. It is incredible that more than 200 millions of people in over 60
nations are being refused their basic human rights for only one reason: they are Christians. The
world cannot keep tolerating this. People must be familiar with what is going on regardless of
whether they have belief or not. The justice system in those countries must stand up, garner
their civil laws and let basic human rights take place.

If there was a way to end religious crimes, then much worldwide chaos could be avoided.
Fortunately, there are many organizations that attempt to make a change and have done what
all of us should have done. We start off with the United Nations which of course has had an
participation in putting an end to religious oppression. There are three major problems that the
U.N. has listed in their section of religious crimes. According to the U.N.’s current section of
religious persecution we see that a Catholic former Portuguese colony was expropriated by
Islamic Indonesia shortly after its independence, for support to the Palestinian people. A
discussion of the report of the special committee was held to investigate Israeli practices
affecting the human rights of the Palestinian people and other Arabs in the occupied territories.
Lastly, the crisis in Bosnia and Herzegovina and the war crimes Tribunal to the former
Yugoslavia Republic have also been crime components. These are many examples of current
issues that mankind should not be facing. As time proceeds, technology gets better, science
advances, new governments are being ameliorated, and wars are breaking out due to religious
persecutions. It is a shame that with the finite power the U.N. has, it hasn’t been able to fully
solve the issue of religious crimes. One of the biggest aspect the U.N. states for religious
persecution activities, are culture aspects. As mentioned before, sovereignty of the state plays
a major role in how religion is seen.
In countries where a theocracy is the way of life, there is not much a citizen can do but
obey the rules its government and its religion. Political debate can emerge as a result of
religious persecution, as mentioned by Castelli (2007). Besides the U.N. contribution to end
religious persecution, there are a million of other organizations that help out too. Out of those
thousands organizations, a recognizable one is the Voice of the Martyrs or VOM as is more
widely known throughout the world. This is a Christian organization that raises awareness
about the hundreds of thousands of humans who are tortured, killed, thrown in prison, and
harassed each year worldwide simply because they are Christian. Many Christian churches
worldwide participate in missionary activities hosted by VOM. The most interesting fact
regarding VOM is that it was founded by Richard Wurmbrand. When the USSR took over
Romania in 1944, Mr. Wurmbrand was imprisoned for 14 years, just for preaching. In jail he
was deeply touched for what had happened to him and decided to start this organization to help
out the persecuted. Every time one hears, reads, and sees these stories it just breaks one’s heart.
Mr. Wurmbrand’s passion led him to create a very knowledgeable organization that has very
much touched the lives of millions of people who are devoted to reading the articles, in order
to obtain a global perspective on what is going on in the world regarding crime and religion. It
helps to look into a window that is very controversial and needs worldwide attention.
After these religious crimes have taken place and human lives have been greatly
influenced, a lot has to be done to revamp them. Religious persecutions do not just take place
in a particular area but around the world. In the U.S., it is considered very privileged to have
religious freedom. This country was endowed by people searching for religious freedom
because they were being oppressed in their own country. Thankfully this country has
maintained its religious freedom as one of the most significant principles in the constitution.
Unfortunately, since we do not have a immediate experience on religious persecution in this
country, many fail to recognize that there are countries out there suffering from these problems.
Because the U.S. is such a great nation people take for granted what they have and do not have
a global approach of what is happening in the world. As people, we shall not let this happen to
us. We must get archived and informed on global issues.. One attempt to curb religious crimes
is by implementing in our school system a curriculum that teaches heartily to future law
enforcement officers the basic rights of humans and making religious freedom one of the
essential rights of the US, in order to eliminate religious persecutions. As written by Mr. Doerr,
“to enlist schools throughout the world, to eliminate intolerance and discrimination based on
religion or belief would promote protection and respect of religion and strengthen peace,
understanding and tolerance among individuals, groups, and nations with a developing respect
of human rights” (Doerr, 2002)11. If these opinions and ideas could be implemented in every
school system worldwide there would probably be world peace and people would not have to
be worrying about the aftermath of what to do after these crimes have already taken place. By
training law enforcement officers we are preparing them for the future and building a better
society, free of religious crimes. A better way to stop religious persecution completely would
be by making people around the world more aware of what is going on and by aiding those
who have been gravely affected by these persecutions. We need to let them know that as world
citizens everyone stand by their side to help them overcome the difficulty they are going
through12.

After having elaborated on what are the most notable current examples of religious
persecution, whether they could have been averted or not and what to do in their aftermath, one
can conclude that it is time to take the global problem of religious crimes seriously. It should
not matter what religion one belongs to or whether or not one even preaches one; people’s lives
should be respected and people should be free to choose any religion without being afraid of
anyone. There are many current global issues going on, but presently religious crimes should
not be one of them; for religion should soothe and bring forth peace and comfort among citizens
instead of prompting crimes. A solution to the elimination of religious crimes would be for us,
as citizens of the world, to make a stand for religious freedom for all the nations to come
together and respect each other. The best way to start is by means of education. By training
future law enforcement officer against the nasty reality of religious crimes, we could minimize
the number of humans around the world who are being oppressed because of their beliefs. It is
crucial for the countries around the globe to adopt the criminal justice system the U.S. already
has against religious crimes. It is something they must implement in order for people around
the world to get the basic human rights and respect for any belief they might have, no matter
what they are and towards which religion they are. Many have lost their legs, arms, and even
their lives or those of their family members, because of religious crimes. But it is not too late
for countries to become aware of this and at least put a grain of sand to end this. Their foregoing
would not be in vain but it would make countries aware of the valour many have had to stand
up for what they believe in even if one cannot interpret it. All it takes is the right court system
to uphold justice against such religious crimes13.

3. Violence and Religion

3.1. Religious Wars: Politics and Culture (Example: Nigeria and India)
Many religious wars have a political and cultural element. Often it is not just two groups
of people fighting over religion, but, one culture against another. Some protect religion in
general by saying that societal divisions are the important factor in such conflicts. However,

11
Doerr, Edd (2002). A Groundbreaking Declaration. The Humanist.
12
https://www.lawteacher.net/free-law-essays/criminal-law/crime-in-religion.php?vref=1
13
Castelli, Elizabeth A. (2007). Persecution Complexes: Identity Politics and the “War Christians.”
such divisions are themselves worsened by the attach to religious identities. Religion is not
only just another way of separating them, but, it is often inherant to the religion that non-
believers are less moral or less worthy. It seems that religious texts actively promote narrow-
mindness, and, given that this is the case, even where cultural factors play a role in mass
violence it seems that religion often makes it inadequate and is sometimes the cause of the
conflict in the first place.

We take example of Nigeria. In Nigeria from 1990 to 2007, 20,000 have been killed
particularly in the name of religion. Nigeria is divided between Christians and Muslim, and
religious identity is more important, highly so than nationalism or any other component of
identity. These problems are a feature of the hole nation. This survey comes from a statement
by The Economist in 2007, they digest: "Evangelical Christians, backed by American
collection-plate money, are surging northwards, clashing with Islamic fundamentalists, backed
by Saudi petrodollars, surging southwards"14. Although Africa is the front-line, both groups of
believers are supported financially and organisationally by their respective Churches around
the world. Just as Iran and Israel aid armed groups that alienate each other in differante
countries of the Middle East, Africa is another front line between Islamic and Christian battles
for power.
The protected nature is not just prevalent in monotheistic religions. India has face much
violence in the name of religion since the 1990s, as Hindu religionists are becoming anti-
Christian and anti-Muslim. Churches have to set on fire, Missionaries violently repelled, priests
murdered, tens of thousands of Christians have fled their homes and in many states laws exist
to make it harder to convert to Christianity, in opposite to all ideas of equality and freedom of
religion. Change to Christianity are mostly very poor, yet, there is an uproar against expanding
welfare schemes that cover poor Hindus15. . If the troublemakers and the victims both decided
to give up religion, then, there would be one less label for those fellow Indians to use to divide
each other
It is not the instance that the "actual" problem is with culture or language rather than with
religion. National problems with communities that speak different languages are made much
more problematic when those differences also coexist with religious differences, such as in Sri
Lanka, where Hindu Tamils are clashing to Buddhist Sinhalese. "The erstwhile Yugoslavia has
smashed into so many parts largely because of growing malice between Muslims (mostly
Bosnians) and Christians (Serbs and Croatians)"16 . The religious contrast "often plays a more
principle part than language", writes anthropologist Christophe Jaffrelot. He continues:
“... linguistic-based ethenic diversity is simple to preserve than religious-based
multiculturalism, as decorate by the combination of Quebec into Canada and of the Dravidian
states into the Indian Union. This is apprently due to the fact that federalism can help to diffuse
tensions more effectively between linguistic groups than between religious communities. But

14
The Economist (2007 Nov 03). Insert 'A special report on religion and public life' p3
15
The Economist (2008 Sep 27). Article on Hindu-Christian tensions in India, p27. Added to this page on
2012 Jan 08.
16
Jaffrelot (2011). P412. Added to this page on 2015 Jun 26
it is also due to the excitable power of religion. Devotees are more ready to mobilize in defense
of their religion because of its holy, hence imperative, character.”

"Religion and Nationalism" by Christophe Jaffrelot (2011) 17

This paper will not, however, focus on broad cultural-religious conflicts and instead
concentrate on the activities of criminal and violent religious folk acting in a more individual
role.aware of the valour many have had to stand up for what they believe in even if one cannot
interpret it. All it takes is the right court system to uphold justice against such religious crimes.

4. Prevention
To prevent the intolerance and isolation that leads religious groups to the most brutal
actions is a difficult task in a free society; people are free to join any religious groups and live
with friends , and are also free to believe stranze things. To stop religious groups, even just
exclusive ones, is a severe restriction in freedom and almost possibilly not worth it on the
balance. confine living arrangements would disturb ethnic groups, religious groups and all
kinds of innocent behaviour. It is difficult and discrediaible to try and police beliefs: that type
of behaviour is a symptom of extremism, not a cause of it. Yet these three components, when
taken together, can lead to everything from mass suicide to genocidal attacks on mankind as a
whole. The cure cannot be to deal with the offending groups as they emerge, but to stop them
emerging in the first place.

In page on "Anti-Religious Forces: Specific Factors Fuelling Secularisation" by

Vexen Crabtree (2011) describes many of the elements of modern life that reduce superstitious
and religious beliefs in general. Without beliefs in god(s), afterlife, etc, it is impossible to
believe any of the things that the leaders of these groups tend to say. And although most these
groups do attract some outstanding individuals and persons of responsibility, in general they
are the stay of the under-privileged and under-educated. Education is the main inverse correlate
of divisive religious intolerance. Comparative religion and critical thinking both serve to help
people evaluate claims about spiritual reality in more sensible and moral terms. This operates
across the scale from the tutorship of individual children at home, to the mass-education of
genetic and religious groups in specially run schools. Many parents who educate their wards at
home do so for religious reasons18. Sectarian religious schools (who base entry criteria on
religion) are a major cause of the type of social division that leads to violent behaviour19.

17
Jaffrelot (2011). P413. Added to this page on 2015 Jun 26
18
The Economist (2009 Aug 08). Article "Kitchen-classroom conservatives" p36-37.
19
"Faith Schools, Sectarian Education and Segregation: Divisive Religious Behavior (UK Case Study)" by
Vexen Crabtree (2010)
1.Education should be secular, inclusive and mixed. This means emphasis on difference of
belief, without assuming any particular belief system is true, and an abandonment of schools
that divide people along religious (or ethnic) lines (this applies during home education too).

2.Fad-bashing reactionary news broadcasts that actively attack small, isolated

communities always make the situation difficuit. Engagement should be educational and
sympathetic towards followers, not condemnatery and aggressive (which makes them isolate
themselves more).

3.The presentation of scientific reality in easy-to-understand terms on TV, complete with

reality-based clarification of spiritual-outward events. Too much TV assumes that many
otherworldly ideas about reality are true, and far too little employs any evidence-based critical
thinking. A more answerable take on what beliefs mass media products motivate should be
taken.