Religious law means rituals or traditions that have been practiced by people for
centuries. At the same time, Religious violence is not only limited to the acts
committed by religious groups but also include the acts which are committed
against the religious groups, objects or institutions. Most of the people think
that religion helps to reduce the crime rate. On the other hand, it can also be
said that the conflicts arise between people of different religions due to
various kind of reasons can lead to hate crimes.
According to Article 18 of
Universal Declaration of Human Rights ‘Everyone has the right to freedom of
thought, conscience and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice,
worship and observance'.[1]
The aim of this study is to understand the religious
laws and religious crimes in developed and developing countries and suggesting
necessary measures that can be taken to prevent such crimes. When seeking
remedies for this problem it was clearly visible that the responsibility of
avoiding religious crimes belong to all the people in the world in order to
intelligently utilize the freedom given by article 18 of Universal Declaration
of Human Rights.[2] This research has used qualitative, quantitative,
conceptual, fundamental, empirical, analytical and descriptive research types
with the sources like articles, journals and internet.
Introduction
Religion can be simply described as a certain set of fundamental beliefs and
practices followed by a particular group of people. In early stages, religion
was considered no difference from mythology and contained regular rituals based
on faith in higher supernatural entities who believed to be created and
continued to maintain the world and the universe.
However, with time it has
developed as an instrument that brings mental peace and satisfaction with
certain faith, drifting away from blindly following myths. Furthermore, the
ultimate common factor of all religions can be considered as consisting of the
way people should deal with the concerns about life and their fate after life.
All in all, it can be described that the main purpose of all the religious laws
is to maintain the social uniformity and it teaches everyone should show
respects to the individuals in the society irrespective of their own beliefs.
Methodology
This research paper is based on the type of non-doctrinal research/socio-legal
research. Since this is an investigation of relationship between religious laws
and religious crimes, this would utilize qualitative, quantitative, conceptual,
fundamental, descriptive and analytical research methods. Information gathered
through the secondary sources such as journals, articles and websites.
Religion and religious crimes
Religious crimes can be described as activities which might insult the beliefs
or opinions of people belong in to particular religion or which might establish
a negative impact on them. In other words, something is a religious crime if
anyone think that incident was carried out because of the hostility based on the
religion.
Since the beginning of human civilization, man had the urge to take
control over others. This is the reason whenever a group of people decide to put
men's beliefs aside and follow a god of their own or a religion, conflicts
arise. Mankind by nature has the sense that need to be accepted and if that
cannot be fulfilled, they intend to take extreme measures to reach their desire.
As of this, presently it can be found so many offences related to religion
because some humans are against others who have different vision from them. Even
though it seems that religion is the basis to uphold the humanity and peace, the
total opposite can happen.
Many studies have shown that religions are very helpful in managing the mindset
of the human beings in a positive way and in reducing the criminal activities.
Bicknese in 1999 found that the prisoners who read the Bible were less likely to
be re-arrested in their first two to three years when they get release from the
prisons and they were less likely to commit crimes under prison rehabilitation
programs.[1]
The research conducted by Kerley, Matthews and Schulz have shown
that the inmates who are heavily involved in religious rehabilitation programs
in the prisons are less likely to commit crimes and helps to decrease the
arguments and struggles related to earning a livelihood.[2] However, the study
of Johnson in 1987 showed that the religion does not make any positive impacts
regarding the criminal activities and this showed that there was no any
distinction between non-religious and religious criminals.[3]
Religious crimes do not generally occur spontaneously. The process leading to
them take time and show warning signs. Distribution of hate speech can be
considered as one of the most common signs of these crimes. It includes messages
in public discourse and the media, which spread hostility and encourage people
to execute violence against particular community, frequently based on religion.
It can be a onetime incident or an ongoing campaign of harassment.
But the worst
part is that some religions contribute to violence by teaching the concept of
self-sacrifice, such as suicide bombers who kill hundreds of people immediately.
It can be stated that religion and crime go hand in hand and the world has
witnessed such real-life incidents in many occasions. Recently, two consecutive
massive shootings occurred at two mosques during Friday prayers in Christchurch,
New Zealand in 2019. This was conducted by single gunman due to hatred on Islam
which resulted killing 51 people and injuring 40 others.
Another incident
occurred on April 2019, during Easter services in three churches and three
hotels situated in Sri Lanka. Later in the same day there were another two small
explosions in different areas as well. Total 267 people were killed and at least
500 were injured during the first wave of the attack. It was suspected that this
was a revenge attack against Christchurch mosque shootings occurred on March in
the same year. From these several incidents it is shown that religions have
sometimes been used opposed to its original intention, justifying motivation to
violence and discrimination.
Recommendations
Since violent activities in a religion does not start at the birth of that
particular religion, the cure can be found from where the curse started.
Firstly, Religious leaders play a significant role in influencing the behavior
of those who share the same beliefs; therefore, they should be mindful about
what they teach and it is the responsibility of the religious leaders to prevent
such misuses of religions. In order to fulfill that purpose, the religious
leaders should be motivated to teach according to their conscience based on the
morality and it should be done under the attention of an organized entity.
Secondly, even though laws have been enacted against religious discrimination in
developed and developing countries, there is no proper specific laws enacted or
steps taken internationally which will assure a world without religious
violence. It can be suggested that it is effective to document the religions
under a recognized international entity and guidelines should be imposed for
religions. A separate law which is different from common crimes should be
introduced for this purpose, as the religious crimes are more powerful when they
are committed with a strong faith. Moreover, there should be a separate
international court to hear the cases related to religious violence as these
cases can be caused to terrorism.
Finally, under the corporation of above-mentioned entity, inter faith
organizations and ceremonies can be recommended as another efficient way to
create the co-existence among the religions.
Conclusion
As article 18[1] of Universal Declaration of Human Rights states, each and
every person in this world has the freedom of religion and it is unalienated.
However, some are being humiliated, discriminated, stopped and are even killed
for following their own faith. Not only that, some religions teach the concept
of suicide, which will not only harm them but the community at large. If the
teachings of the religions focus more on respecting each other's faith, not
spreading its own religion, then automatically many of the hate crimes will
decrease. Even though the religious crimes have been happening in the world for
decades, it is pretty much ignored. Hence, the relationship between religious
laws and religious crimes should need more awareness with the present situation
and the responsibility to minimize the religious crimes is with every single
person and all the international organizations instead of misusing the freedom
given by Article 18 of Universal Declaration of Human Rights.
Bibliography:
- Christchurch Mosque Shootings (BBC News)
- Crime in Religion (Law Teacher)
- Neff J, “He Hated All His Neighbors But Killed Only Muslim Students”
(The Marshall ProjectJune 13, 2019)
- Nolo, “Laws against Religious Discrimination” (www.lawfirms.comDecember
26, 2012)
- Plan Of Action for Religious Leaders and Actors TO PREVENT Incitement to
Violence that Could Lead to Atrocity Crimes' ( un.org ) https://www.un.org/en/genocideprevention/documents/Plan_of_Action_Religious_Prevent_Incite.pdf>
accessed 25 February 2021
- Sharma, R., 2020. Religious law and crime in developing/developed
nations. 1st ed. [ebook] p.7. Available at: [Accessed 25 February 2021].
- The Hindu, “Latest Sri Lanka Easter Bombings News, Photos, Latest News
Headlines about Sri Lanka Easter Bombings” (The Hindu September 26, 2020)
- Universal Declaration of Human Rights' accessed 25 February 2021
End-Notes:
- 'Universal Declaration of Human Rights' accessed 25 February 2021
- Sharma, R., 2020. Religious law and crime in developing/developed
nations. 1st ed. [ebook] p.7. Available at: [Accessed 25 February 2021].
- Ibid
- Ibid
- Universal Declaration of Human Rights' accessed 25 February 2021
- Ibid
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