The Law and Religion - Essay Example

Name Tutor Course Date The Law and Religion The relationship between the law and religion is very complex. This is because religious aspects are such that focus on various societal values that govern the rules and regulations that have been put in place. Various religions have their own laws that govern how the followers are supposed to devote themselves to these laws. The formulation of religious laws is based on a number of concepts that are common to a particular religion. The rules and regulations are the various principles that govern both individuals and institutions within a society. It emerges that the relationship between the law and religion is embedded in cultures that have wide generalizations with limited application or utility. With regard to Islam, the law measures the relationship between the religious practice and its impact on human rights. This later gives an interpretation of how the Muslim culture and faith interprets these religious practices. With regard to religious practices in Islam for instance Circumcision, there are about four different forms of circumcision. The Muslim culture has various reasons for circumcision. In the light of globalization, the adherence to this practice is now varied. The Islamic law referred to as the sharia is the most common form of religious law in the world. These laws are usually strictly adhered to by the followers. One major aspect of religious laws is the fact that such laws are codified with the basis of the word of God. This implies that religious laws unlike other laws can not be altered by human beings. Such laws basically define the sanctity of the nature of God. The legal system however has the authority to complement this type of law (Edge 55). This implies that some form of human intervention is needed for the workability of this type of law. The Islamic law is basically formulated on the basis of the teaching of the Quran and the practices acknowledged by the prophet Muhammad. The legal system prevailing in a government should thus have provisions for religious laws in its constitutional provisions. The Sharia in Islam is derived form an Arabic terminology that refers to a source. This is thus the main source of Islamic aw. There are a number of basic principles of the Islamic law. Among them is the responsibility of each human being for his or her actions. This is then used for the justification of any form of punishment. In line with the provision of this principle, every individual is given equal treatment with any form of guilt being established only in the light of the process of justice (Edge 56). The Law and Globalization The concept of globalization in the light of the legal frame work is a new development in all the existing legal frame works around the world today. Even with the existence of various forms of economic interconnectivities, the advent of the globalization of law is still considered as a very new phenomenon. The globalization of law is quite different form the concept of the internalization of various aspects of law that has been in existence over time. Unlike the globalization of law that tends to reduce the sovereignty of various states through the reduction of the powers held by the nations in the development of the legal system, the internationalization of law tends to foster the sovereignty of the various nations. The globalization of law has now been evident in almost every aspect of the legal system (Edge 96). The internationalization and globalization of law tend to differ from each other with respect to the manner in which the development of the law is characterized and with regard to the various conclusions that are to be drawn. The central dogma thus focuses on the level at which both private and public forces can harmonize the formulation and implementation of various legal provisions. The globalization of law is mainly formulated on the basis of the development of various forms of international trade. Modern day history is unprecedented by a number of developments including the use of various forms of comparative analysis, the development of a number of international forms of trade and the development of various legal institutions that have emerged at different levels. The rapid emergence of all these factors may strongly be attributed to the rapid growth of the interdependence of nations with regard to both the economic and political spheres. The globalization of various economic forms of relationships among states is thought to be the main driving force behind the rapid development in these spheres (Edge 114). The development of international trade for instance requires the adoption of legal systems whose provisions are market friendly and uniform across the member states involved in a particular form of trade. The development of various legal spheres in the commercial arena is very easy to come by. This is because the various private stake holders are normally interested in the formulation of a form of economic convergence that would possibly favor the economic development of their own mother countries. A common illustration of such a type of development is the formulation of the international sale of goods law. The development of various forms of commercial law requires the need to foster ideal economic negotiations that would possibly favor the economic welfare of the stakeholders. This is a common aspect since the formulation of commercial laws unlike any other laws calls for the surrender of the sovereignty held by the member states. Global litigation has mainly been fostered by the evident increase in economic globalization. Judicial negotiations and the treatment of a number of matters on the international arena are two other aspects that have highly been changed by the development of economic globalization (Edge 123).The interdependence of various nations has increased over time yielding an increase in the evolution of various anti- globalization movements that tend to oppose the aspect of the globalization of law. This implies that the various aspects that are related to the ability of the various nations and their respective sovereignties are closely coupled to the goals and objectives identified in the various anti-globalization movements. The law has for ages been the basis on which a number of courts and police enforcers have formulated their provisions. Unlike the globalization of law, internationalization of law has been relatively weak with respect to the efficiency of its enforcement powers. The globalization of law on the other hand has been seen to be changing the various contours of law and further formulating new global institutions. The international criminal court on its part has pledged to bring to justice any public offenders in the light of the criminal code that is acknowledged worldwide. The creation of global law does not have a single specific motivation that is behind it. Among the major reasons for the creation of global law are the events of the Second World War. This triggered a realization that indeed some form of international governance was urgently needed. Other than the need to have some form of international governance, there was also the need to protect human rights. This came with the realization that there are a number of states that greatly interfere with the human rights of their subjects in their governance. The rapid expansion of the international market is yet another aspect that prompted the need to look forward to the globalization of the law (Edge 66). What is a lawyer? A lawyer is an individual that has studied the field of law and is thus licensed to practice in the legal profession. The law on the other hand refers to the system of rules and regulations that have been put in place by any sovereign government or institution within a society for the purpose of correcting wrongs, delivering justice and maintaining social order. A lawyer is thus an individual in the legal profession that is held with the responsibility of interpreting the law. This he or she does through the use of words and actions that are geared at protecting an individual or a certain interest. Such an individual is thus expected to be very knowledgeable on not only the law but also on the motivation of various forms of human behavior and in history, matters of governance and economics. A lawyer is thus an individual who is expected to be abreast with all the relevant information that is common to any society. Work cited Edge, Peter. Religion and law: an introduction. Washington: Ashgate Publishing, 2006. Read More

 

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