Secular vs. Religious Ruling - Essay Example

Secular vs. Religious Ruling “We ordained therein for them: Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." (Quran [Authorized English Version], Al-Maeda.5.45)“An eye for an eye leaves the whole world blind” Mahatma Gandhi The East and West are very different worlds. So very diverse it is hard to believe they both share the same globe. How do these two worlds perceive and implement Justice? How does one know what is right and what is wrong?

And finally, who decides how to reward or punish people? There are many ways to answer these questions. These answers change depending on who you are, where you are from and what you believe in. An individual’s birthplace, religion and upbringing are the most influential parts of shaping their personality. People’s perceptions are formed as a result of the influence of a variety of factors that include but are not limited to their religion, their culture, and the norms of the society they make part of.

When one is residing or visiting a country they are required to follow that country’s laws to the letter, and each county has different laws. How do these countries come about forming their laws and regulations? Some countries choose to have their laws written for the people by the people. These countries have a constitution, amendments and edicts imposed by a government that has the right to punish the citizens and choose what type of punishment is required. The laws may be developed with mutual consensus of the government and the citizens or the government alone depending upon whether there is presence or lack of democracy and to what extent.

Other countries use religious scripts to dictate their laws and extract when, how and who to punish. When comparing between two countries of either extreme, a conservative, eastern country such as Saudi Arabia and a more liberal western country such as the United States it can be better understood how justice is perceived and executed depending on location and belief.The kingdom of Saudi Arabia is known to be the birthplace of Islam. In a country where the entire population is Muslim it is natural that the law is derived from its inhabitants religion.

Being that the law of the land is a shared belief among the people no one can defy the law, or object to it and it is accepted as the only judgment system people believe in and follow. People know the law for they are taught it from a very young age; children are taught religion with mathematics, science and arts because religion is integrated strongly with everyday life. In Saudi, the Qur’an and hadiths (the prophet’s spoken word) are the scripts with which the kingdom rules the people. They are often referred to as the very constitution of the law.

It is a public belief that when one breaks the law they are jeopardizing their relationship with God and are compromising their place in the afterlife. The religious aspect of the law acts like a deterrent factor, no one breaks the law because the punishment is both harsh in the mortal world and the afterlife. Also, offenders will often confess to their crimes and would prefer to be punished in the material world and receive absolution than face the consequences of their actions in the hereafter.

Such a system inculcates an intrinsic desire in the people to refrain from executing illegal activities because it is fundamentally their religion rather than the government that has imposed the ban on those activities. There is no room for disagreement over law because this would mean challenging ones own religious belief. The United States of America has a different way of executing laws. Though Christianity is often referred to as the dominant faith in the US, the country’s democratic regime assures that the law is secular, rather than defined by religion.

This is because America is often referred to as a “melting pot” of many different cultures where many people practice different religions or no religion at all. The ever-increasing multiculturalism of the US has played an important role in developing such a system. Bills must pass through many legislative bodies before they are approved as laws. They usually start as an idea presented by the people to the local Congress man/woman who then writes it as a bill and presents it to the Congress, many bills do not make it to the next step; The House of Representatives where the bill gets voted on.

If they vote favorably the bill is sent to the Senate and then the president has the power to either pass it or veto it. If the bill is vetoed it must return to the Congress to be voted on all over again, if the bill is passed and signed on by the president it is considered a law. Unlike Saudi Arabia, the deterrent factor to not commit crime in the US is a fear of punishment. Popular media displays that in most cases people try to get away with crimes in order to avoid being punished. The belief that one can get away with crime is good enough reason for people to try to commit the crime anyway.

The greatest fear one can have is being caught in contrast to the religious belief that earthly punishment is favorable in comparison with that of God’s wrath (“How Are Laws Made in the United States?”). Unlike the intrinsic deterrent effect of the Saudi system of law, the American system exerts an external pressure on the people to abide by the law. The following example shows how differently each country carries out the law. Saudi has a more direct, known-to-all law that cannot be voted on or objected to once the crime is proven beyond reasonable doubt and in the case of manslaughter, the victim’s family is given the option when it comes to which punishment they most see fit.

In the US depending on which state the crime was committed in, how the criminal was caught, and how the evidence was collected, the judge makes his/her decision and the decision might be appealed on a later date.The eighth amendment of the United States constitution clearly states that it is forbidden to enact “cruel and unusual punishment,” which overrides punishment to those who do not understand they are being punished (Oransky, 1). Simultaneously, the doctors code of ethics prohibits any doctor from medicating patients to force them to comprehend that they are being punished by execution, some doctors still declare their willingness to participate in capital punishment with its breach of the code of ethics (Oransky, 1).

According to the American Nurses Association they are "strongly opposed to nurse participation in capital punishment".It is always possible, though, to argue against the death sentence and escape execution in the United States, and bring up different factors and arguments that do not deem the accused innocent, but rather, deems the method of execution to defy the eighth amendment. For example, there is the case of Abu-Ali AbdurRahman, a man that was clearly found guilty of a murder committed.

Abu-Alis lawyer debated that seeing as how the lethal injection is delivered, “Sodium pentothal is typically used first to anaesthetize the prisoner, followed by pancuronium bromide, then by a lethal dose of potassium chloride.” The lawyer argued that if the sodium pentothal does not fulfill its role in numbing the man, the prisoner would be paralyzed by the pancuronium bromide and would undergo an excruciating and painful death from the potassium chloride while completely aware of the pain but without the ability to express (Oransky, 1).

There is also disagreement frequently observed over the method of execution of the criminal and whether or not, the criminal should be given death sentence at the first place. Since the law is made in a democratic system, different theories of ethics that often have yield conflicting results are utilized to make the laws. In Saudi the law regarding murder is as follows: “Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. But if any one remits the retaliation by way of charity, it is an act of atonement for himself.

And if any fail to judge by (the light of) what Allah hath revealed, they are (No better than) wrong-doers.” (Quran [Authorized English Version], Al-Maeda.5.45) The previous verse explains that the death penalty is executed when one has committed a murder (premeditated or not) however in the case of manslaughter, the family of the victim is given the choice of either receiving a settlement (100,000 SR) or they can ask for the death penalty or they can forgive the offender and he/she will be set free (all members of the immediate family must agree to this, to avoid vengeance crimes).

Quite surprisingly, many people prefer the third option. This method saves lives and gives peace to the victims family and the offender. This is the only way murder is dealt with. The law is clear and it has not been criticized yet, seeing that it pleases the public, the victims family and in most cases the offender (Hafiz). This law also sets the basis of development of good relations between the offenders and the victims family particularly when the third option is made.While researching murder and manslaughter laws in the United States.

I found them to vary from state to state and every case was unique in its ruling. Being that there is no concrete punishment for either, any kind of punishment could be implemented. And thus, being that people had no clear idea of what the punishment was they were not as afraid to commit the crime as a person who knew exactly what to expect. Recently, Joseph Roberts who was accused of assisting a serial killer in the murder and mutilation of their victims was set free by Judge Grimsley because the police talked to him without the presence of his lawyer, which she considered a violation of his rights.

This case will soon be appealed but for the time being Roberts is a free man (Kor, 1). When writing this paper I was forced to reconsider my opinion of Hobbes view on justice. Most governments are a mixture of both the Lockean and Hobbesian ideologies; it is obvious that the degree with which each country follows these philosophies is different. The Saudi government is leaning more towards the Hobbesian philosophy while the American government is more Lockean. Though I dont believe people are crude animals by nature I do realize that once a person is certain the law is something to fear they will in fact behave more cautiously.

Though some may think the Saudi way of imposing laws and punishment is barbaric, none can deny it is effective. The crime rate in Saudi is extremely low by comparison to most countries. The Hobbesian approach to severe punishment had been effective in deterring the committing of crime in Saudi. Both countries follow the Lockean approach that states that the government is only justified in its actions as far as it protects the lives, freedom, and property of its people. However, the United States enforces a judge rather than a “master” when ruling is the greatest proof of its overall belief in the Lockean approach.

A balanced mixture of the Hobbesian and Lockean approach would most likely be the best way to run a nation. Respecting people’s personal freedoms and rights while punishing those who deserve it severely would be the best approach to a fair and just society. Nonetheless, such a system is hard to establish because it would require establishment of the limits to which either of the two approaches have to be followed in each case. It is hard to believe that in such an advanced time and day that countries still have no concrete law to abide people by.

In some cases, it is fair for such different factors to be taken into perspective before allocating a punishment, but the law should clearly state one definitive outcome to a definite crime. The difference in culture and the strong involvement with faith is what seems to be the most crucial part in the difference of sentences.Bibliography: Quran [Authorized English Version]. Trans. Rashad Khalifa. Rev. III ed. Fremont: Universal Unity, 2001. Print.Kor, Linda. "Accused Murderer Set Free For Constitutional Rights Violation.

" AZ Journal. N.p., 26 01 2011. Web. 11 Nov 2012. .United States. How Are Laws Made in the United States?. , 2008. Web. 09 Nov 2012. .Hafiz, Osama. N.p., n.d. Web. 11 Nov 2012.