Religious Law and Crime in Developing/Developed Nations

 

ABSTRACT

The term “Religious Law” means any kind of customary practices/ traditions which are followed by people from centuries or an ethical code of code and moral code of conduct which are preached/practiced by the people of different religion across the globe such as Christianity follows the principles of old testament also known as biblical law, Hinduism is preached by the principles of dharma, Vedas, etc, Sikhism does not follow a particular principle but a combination of all the believes of the religions of Buddhism, Hinduism, Jainism, etc and believes that there is only one God, Jainism follows the scriptures which has listed the 5 vows anuvratas( are the lesser or limited vows namely non-violence, truthfulness, non- possession, being chastity and non-stealing , 3 gunavratas (subsidiary vows), 4 siksavratas which are the vows which gives instructions and to follow the path of discipline .If we talk about the kinds of religious laws in the world all of them are sacred in nature and teaches everyone should show respect towards the society and the individuals of the society  and on the other hand, term “Religious Crimes” or can say religious offences means an activity which might affront the religious opinions or believes of people belonging to a particular religion or which might create a negative impact on them also known as “Sin” it mostly includes Blasphemy (speaking bad words). Majority of people thinks that religion helps in decreasing the crime rate which is actually true, through preaching of their religious texts, scriptures, etc, Countries which have a single (state religion) of their own tends to have a smaller number of crime rates. It can also be said that tensions which arises between the people of different religions due to some or the other reasons often leads to the hates crimes(those crimes which are backed by a some kind if it is periconceptional  motive and victim is mostly a person who belongs to a particular religion, group, caste, race or gender).Religious laws are applied and taught by the religious places such as Church, mosque, temples, “Gurudwaras”  etc.  In this research paper, researcher will trace the origin of some of the religious laws and will elaborate more on the religious principles of different religions (religious laws),  comparison between religious laws and secular laws, religion and crime,  names of the countries giving religious freedom to it’s citizens, names of worst  countries for religious freedom, examples of religious laws, countries having official state religions(State Religion Countries are those countries where one religion is been practiced by all the citizens ),Religion and Crime: Is there any correlation between the two?Countries where preaching own religion is banned, crime rates by religion(US, UK and INDIA), effects of religious practice on crime rates, role of religion in preventing risk of crime in society, how can religion reduce the crime rate, causes of religious conflicts, solutions/preventive measures to stop religious crimes, role of government in controlling religious crimes, statutory provisions and related cases laws, religions and development what are the links?And how religious freedom contributes in the sustainable development, etc.?

Keywords: Religious laws, Religious crimes, countries, preached, religious freedom.

INTRODUCTION

“In the name of the religion many great and fine deeds have been performed. In the name of religion also, thousands and millions have been killed, and every possible crime has been committed”[1] Jawaharlal Nehru

The term “religion” is derived from a latin term “religio” which according to Cicero means “recital of necessary rites and rituals in the name of gods”[2]and the term “law” are the rules and regulations framed by the legislation which controls the deviant behaviour of all the individuals of the society.

Religious laws are the varieties of customary traditions rules and regulationscenturies or are the ethical code of conduct and the moral principles which are followed by the people of different religions from centuries. Some of the examples of religious laws are Hinduism (Hindu Law derived from a Sanskrit word “Sindhu”) is preachedthrough the principles of Vedas, Smritis, shrutis, Upanishads, Dharma and customs, Sikhism believes that there is only one god, everyone is equal in the eyes of god, one can live a good life only if they take care of the others (community serving) and being honest and believes in three types of duties:[3]

1. Nam Japna:It means preaching the god every possible time.
2. Kirt Karna:It means living a good and honest life, being truthful to the god.
3. Vand Chhakna:It means giving one’s own earning in the charity.

Jainism follows thescriptures which has listed the 5 vows anuvratas(are the lesser or limited vows namely non-violence, truthfulness, non- possession, being chastity and non-stealing , 3 gunavratas (subsidiary vows), 4 siksavratas which are the vows which gives instructions and to follow the path of discipline.[4]Christianity follows the principles of old testament also known as biblical law and canon law which got established and is preached within some of the churches by an authority. On the other hand, Religious crimes also known as religious offences means an activity which might affront the religious opinions or believes of people belonging to a particular religion or which might create a negative impact on them also known as “Sin” it mostly includes Blasphemy (speaking bad words).

Religion is a path which can decreasing the crime rate in the society. It is believed that countries which have a single (state religion) tends to have a smaller number of crime rates. It can also be said that tensions which arises between the people of different religions due to some or the other reasons often leads to the hate’s crimes (those crimes which are backed by some kind if it is periconceptional motive and victim is mostly a person who belongs to a particular religion, group, caste, race or gender).

 

ORIGIN/HISTORY OF CERTAIN RELIGIOUS LAWS

• CANON LAW

Origin of canon law can be traced way long back from the Christianity age but there were no stable laws which could govern the people but it enshrines all the political, cultural and social changes that has taken place since then. After 1054 it got evolved in all the western churches till the 16^th century reformation came into the picture and it reformative churches of dismissed the concept of Canon law applied in churches of Rome, England, etc with some changes and developed it according to their own wishes.[5]It includes teachings mostly includes the social activities which helps in building of those institutions which helps in providing services which are necessary for the members of the church.

• HINDUISM

Hinduism or Hindu religion is believed to be the oldest religion of the world which is having more than 4,000 followers and it is the third largest religion after Islam and Christianity. As it is not known who the founder of Hinduism is it’s difficult to trace its origin and it is said to be the combination of all the customs and traditions of different religions.[6]

 

FACTS OF RELIGION’S EVOLUTION

According to a Roman Catholic Church evolution in nature is not consistent with that of the preaching’s of the church, but on the other hand, Catholics of US believes in the concept of religion’s evolution to some extent and some does not accept the scientific techniques of evolution. Some of the religious groups of Americans’ also believes that if we will follow the Charles Darwin Theory of Evolution thought the natural selection criteria then it will create conflicts between the people. Following are some of the facts related to the evolution of faith and religion:

1. Roman Catholic Churches have not rejected the concept of evolution:

In the year 1950, Pope named Pius XII believed that the teachings of Catholic churches can go hand in hand with the theory of evolution but Pope John II in 1996 said that the theory of evolution is more of assumption based on a limited source of evidence.

2. Scientific explanation of evolution theory fully accepted by few of Americans:

In the year 2013 a Pew Research Centre Survey it was found out that more than 50% of Americans believes that humans and the religions has evolved with the passage of time, 33% of Americans believes that evolution of religion and human beings only depends upon the natural process as rightly explained by the various scientists. Around 24% of American adults believes that evolution of various things was guided by the Supreme Being (God) and on the other hand, around 33% of the American population believed that human beings and religion are existing in their same form since their beginnings.

3. Evangelical Protestants religious groups rejects the concept of evolution:

64% of the population of America which consists of religious groups of Evangelical Protestants group that humans and other thing have existed just like they were in the beginning while around 8% of the populations believes that all the evolution has taken place through the natural processand 7% of the people believes that the life gets evolved with the help of the natural process made by the supreme being(God).

4. American Catholics does not believe in any kind of evolution:

Even though church has accepted the concept of evolution theory still approximately 26% of the Catholic American does not believe in any kind of evolution theories.

5. Various court’s judgements rejected the preaching’s of evolution theory or intelligent design in schools:

Efforts have been made in various parts of American to prohibit the teachings of any evolution theories or any other thing related to it but still in some of the areas it was still been taught.

US Supreme Court in the case of Edwards v Aguillard (1987) held that Louisianan Law wants the students of America to be taught about the various theories of evolution but the Constitution ofAmerica prohibits such teachings as it believes it creates biasness amongst the other religions which are there in the country.[7]

 

ROLE OF RELIGION IN CONTROLLING THE CRIME RATE

Religion plays a very crucial role in reducing the crime rate. According to various sociological theories it is believed that religion gives a deterrent effect to the crime and to some extent. To understand the relationship between crime and religion a study was conducted and it was found that most of the crimes are not committed by any felonious intent but due to some other reasons. According to Freeman’s study, it was found out that the teenager’s who are surrounded by the bad people still do not adapts their habits and becomes totally different from those people. In Freeman’s 1986 report it was found out that those children who are energetically engages themselves in church meetings comes out to have a positive approach towards the life and are less prone to crimes.[8]If we talk about statically around 90% of the researches claims that as soon there is an increase in the religion believes the crime rate automatically starts decreasing.

 

RELIGION AND CRIME:

According to the studies which took place between the years 1944 till 2010, it came out that at least 109 studies have revealed religion has a positive impact in reducing the crime rate in the world. Almost 89% of the studies have revealed that the religion and crime go hand in hand when it comes in reducing the rate of crime i.e., increase in the level of religious believes tends to lower the risk of crime.

 

TIMELINE OF STUDIES SHOWING RELIGIOUS INTERVENTIONS HELPS IN LOWERING CRIME RATE:

Various studies have revealed that religious helps a lot when it comes in decreasing the crime rate and changing the mindset of the people in a positive way. Follow are few of the studies that shows religion places a very crucial role in reducing the rate of crime:[9]

• Johnson 1987:

This study is an exception to all the studies which have found that religion makes a positive impact on the crime rate. In this it was found out that there is no such difference found between the religious criminals and non- religious criminals.

• Bicknese 1999:

In this study it was found out that the “Teen Challenge” which is a Christian Drug Treatment Programme said that those children who are rigorously engaged in the faith- drug treatment programmes are likely to recover well have can earn their livelihood though hard work.

It was examined that through the Prison Fellowship programmes the prisoners tend to commit less number of crimes are being treated under rehabilitation programmes and on the other hand, those who were engaged in Bible reading were less likely to be rearrested in their initial 2 to 3 years of release from the prisons.

• Kerley, Matthews and Schulz 2005:

The above three states researchers and scholars have clarified that prisoners who were rigorously engaged under the religious rehabilitations programmes in the prisoners were less likely to commit more crimes and helps in reducing the fights and arguments in connection to earning of livelihood.

• Duwe and King 2012:

In the recent evaluation of the prisoners it was found out that between 2003 to 2009 around 732 accused who were engaged in Inner Change Fellowship Programmes (IFI) were having lesser chances of being rearrested, i.e., approximately 26% reduction was seen in the cases of rearrests, 35% reduction was seen in the cases of reconviction of the prisoners and 40% decrease in the reincarceration cases. It is also believed that these IFI programmes are also cost effective. From the above stated researches, we can see that religions plays a very crucial role in controlling the deviant behaviour of an individual and stops him from doing any wrongful deeds which may directly or indirectly affects the person and also helps the him to earn his livelihood by being truthful and honest.

 

OUTCOMES OF RELIGIOUS PRACTICES ON CRIME RATE:

In the developed and under developing countries where religious practices are given more preferences or can say is preached more than in those countries the crime rate in lesser in comparison to the developed or under developed countries which are not the habitual preachers or believes in practicing of religion. Similarly, those countries which have majority of the religious population there can be seen a smaller number of suicide cases, homicide case and other such crimes. It is observed that there is a decrease in both the minor and major crimes those who are regular attendees or preachers of religion. Government programmes too are not able to decrease that much level of crime rates which a religion is able to do. According to a survey, around 39% youth are less prone to commit crimes if they are the regular attendees of any religious seminars, prayers, etc.[10]

GRAPHICAL REPESENTATION OF REDUCTION IN CRIME RATES BY RELIGION:

The above presented graph shows the crime rate of such as stealing of goods from the shops by the practicing of religion. According to a research of National Longitudinal Study of Adolescence it is shown that those 6.2% of the teenage children in the grade 7-12 who are the engaged in worshipping or practicing of religion are likely to have committed less weekly crime of stealing of any goods from the shops, and if we see the crime rate on the monthly basis 10.9% were those who never attended any prayer meetings and came out as the repeatedly accused of the stealing the goods from the shops and 7.5% were those people who attended prayer meetings one to three times a month and on the other hand 10.9% were those people who attended prayer meeting once in a month or never.[11]

 

CRIME RATES BY RELGION:

• UNITED STATES OF AMERICA (USA)

According to a survey conducted in the year 2017, incidents related to hate crimes or crimes related to religion have increased by 22% and in comparison, to 2016 statistical data hate crimes or crimes related to religion got increased by 35%.

According to Hill, crime against the Jewish population was 58.1% which were based on the discrimination on the basis of religion and which further got increased by 4% from the year 2016.

If we talk about the offences against Muslims in the USA approximately 24.8% were committed due to religious discriminations in the year 2016 but in the year 2017 a downfall was seen in the percentage of crimes which stood at 18.7% but the anti-Islamic crimes continues to increase and on the other hand crimes against anti-Arab people got doubled and reached to the number of 102.

From the above statistical report of crime rates of America, we can say that USA is a country where varieties of region can be seen, those religions who are in the category of minority faces discriminations and are been exploited by the Americans. In the year 2018, rise in the cases of anti-Semitic incidents was seen.[12]

In the graph we can see the number of hate crimes in USA which were committed against the minority religion in the year 2018. For example, 835 number of crimes or can say cases were committed against Jewish population, 188 cases were against the anti-Islamic (Muslim) minorities, 90 cases were against the other religions, 53 cases were against anti-Catholic, 34 of anti-protestant, 12 were of anti- Hindu, 10 of anti-Buddhist and 60 cases were of anti-Sikh minority category.[13]

• UNITED KINGDOM (UK)

According to study England and Wales between the years 2018-19 103,379 hate crimes were recorded with an increase in all categories of crimes. If we see the percentage of hate crimes against Jewish people were doubled with 18% (1,326) of religious hate crimes only against the Jewish commodity as compared to 672 number of cases in the last year. 47% (3,530) of the religious crimes (hate crimes) are committed against the Muslims. Most of the hate crimes were related to the both race and religion.UK citizens have claimed through their study that by 18 rabbis’ bishops, imams and CEO’s Charity have shown their concern that such rise in the hate crimes or can say discriminating people on the basis of religion will only create differences between the people of the society at large.

• INDIA:

According to a datamentioned in Prison Statistical India, 2014, released by the National Crime Records Bureau (NCRB) mostly the minority people are under trialsfor example Christians were more likely to be detained in prisons. There are a greater number of Sikhs around 840 per millions, 640 christians,477 Muslims and 305 were the Hindus who were under the trial, detained, etc.  As per the NCRB data there two times more number in comparison of the general population of Sikhs and Christian detainees who are under trial in India. Approximately 46% of the Christians who are under trials majorly belongs are from Tamil Nadu, Jharkhand and Orissa and these are the states where their conditions are very poor, i.e., they are very less in number.[15]Majority of the prisoners in the jails are the people from the Dalit, Other Backward Classes (OBC) and Muslims. If we go by the figures around two-third of the Dalit, OBC’s, tribal and Muslim people are behind the bars out of which 19% are Muslims and 66% of 4.66 Lakhs population of prisoners are either the illiterates or have only studied till class 10^th.Surprisingly, Uttar Pradesh has the majority of the population of Dalits and Muslims living and state also has the majority of prisoners who are Muslims and Dalit’s.[16]According to a survey, the most engendered communities in India are the Muslims, Dalits and Adivasis. In the year 2013, in India 4.2 lakhs people where there in the prison out of which 20% were the Muslims though their total population in India is 13% according to a study conducted in the year 2001 where as on the other hand, 22% prisoners were the Dalits almost one out of four people. According to 2011 survey Dalit population in India is 17% while the population of Adivasis is 11% in prisons and in real their overall population is 8% in India.

According the experts, it needs to be notice is that these people committed more crimes because they are economically and socially backward and underprivileged and are not able to hire advocates for fighting their cases and sometimes they are not able to give money even for their bail, many a times these people are even charged with the false cases.[17]In 2016, a committee headed by former Chief Justice of India a report came out on the conditions of Muslim community in India said there are several cases been registered against them and are decided after several years resulting in their acquittal in prisons for longer period of time. According a human rights activist, Colin Gonsalves, these communities have the scarcity of resources, i.e., food, money and even education which makes it difficult for them to take any legal help, i.e., not able to hire advocates due to less money and even less knowledge. According to a prisoner’s statistical report published by National Crime Records Burau it can be seen that the since the year 1995, differences between the different castes in India can be seen since the year 1999, condition of specially Muslims, and Adivasi’s has not been changed from the past 15 years leading to some kind of problem in our justice system only.[18]

 

HATE CRIMES BY RELIGION

In the year 2018, hate crimes by religion arose to 93. Around 30 people were killed from the year 2009 since then these types of crimes where been recorded and till 2018 around 305 people were the victims of the hate crimes out of which 18 victims were Muslims, 10 were Hindus and two were Christians. From 2009, 100 people out of which 65 were Muslims, 27 were Hindus and 4 were the Christians were killed in these attacks.[19]

The years 2017-2018 saw the most of the religious hate crimes. In the year 2017, 11 death were recorded due to the religious hate crimes which is said to be the highest with 37 incidents which were related to the cows and religion since the year 2010. Hate crimes seems to be more dreadful and dangerous as compared to the other religions. [20]Year 2018 was another major year for the religious hate crimes in India, where in Mumbai 93 were attacked till 26^th December 2018 and 75% of the incidents took place against the minority community. States likes Uttar Pradesh and Rajasthan witness 4 deaths due to the and in Karnataka and Jharkhand saw 3 deaths because of the same reason in the year 2018. In total, 81 cases took place because of hate crimes by religion pout of which 60% (49 cases) were against the Muslims, 14% against the Christians, and one victim of Sikh and 25% (20 cases) were against the Hindu community were recorded and in 11% (32 cases) religion was not the basis for the crime. 2018 year witnessed the 25% of the hate crimes incidents.[21]

 

CAUSES OF RELIGIOUS CONFLICTS/RELIGIOUS CRIMES

There are varieties of reasons or can say cause which leads to religious crimes in developed and developing countries and nations. Most of the religions promotes peace and harmony but sometimes they can also lead into wars, hate crimes, etc, due to differences in the view points of not the religion but how the people of different religion interpret them. Even today it is believed that the religion has become the major cause of disturbance in the society. Following are some of the factors which can lead to the cause of religious crimes in the society at large: [22]

• Politics:

In secular and democratic nations like India, United States of America, Italy, Canada, Russia, etc, the political parties follow the principle of divide and rule policy, i.e., dividing the people of different religions and creating tensions between them through one thing or another. During the year 1947 when partition took place millions of people died both in India and Pakistan. Sometimes these political parties also discriminate between the people on the basis of their religion.

• Ideologies:

Groups which are against the ideologies (ideas, believes, traditions, etc) of the other groups mot even creates conflicts and disputes but also a deep-rooted hatred between them resulting into various hate crimes against each other.

• Community interests:

Community interests means a group of people usually belonging to a same community, i.e., people of the same religion, caste, etc, who are having the same ideologies, traditions and practices, believes, customs,etc. It can happen that a particular community may not like the objectives of the other community which can also create differences in between both the communities and on the other hand, some of the powerful people of a particular community may get offended by the objectives or practices of another community which may lead to the major religion-based hate crimes in the society.

• Exploitation:

It is observed that those people who are in majority are the ones who are mostly been exploited by the people who are in majority. Similarly, in countries, where a particular religion is in majority exploits the people who are in the minority categories which should not be done. When such exploitationsbecome intolerable for minority classes then they resort to the path of hate crimes of any such wrongful act so as to get justice.

• Economic Interests:

The differences in the levels of income and the standards of living or the policies which discriminates made by the government is also a reason in which leads to the situation of violence or disputes in the countries.

 

Believes:

There are certain believes which the people of different religion follow as per prescribed by their religious books is also a reason for creating situations like hate crimes by religion worldwide. For example, if a person shreds his blood in the war field goes directly to the heaven, this believes can be favoured by people of a certain religion whereas on the other hand people of another religion may be totally opposing it resulting in the various kinds of violence in the society at large.

 

SOLUTIONS FOR PREVETING RELGIOUS CRIME

• Resort to ways which can help in settling of arguments rather than fighting.
• Immediately reporting of any suspicious activities to the police as soon as possible.
• Teaching the children about good habits such as respecting each other religion as well as their belief or cultures.
• Don’t any kind of illegal activities such as keeping weapons without any proper licence for the same, buying disputed properties or any kind of previously stolen property.
• Try to get involved with people by maintain friendly relationships with each other’s.
• Attend more of campaigns and programmes which teach people to respect each other’s religions.[23]

LEGAL PRINCIPLES FOR STOPPING INCITEMENT OF VIOLENCE AGAISNT ANY RELIGION:

International Humans Right Standard has various treaties and conventions for the prevention of incitement of any kind of violence against any religion such as Prevention and punishment of the crime of Genocide Convention, 1948, International Convention for Eliminating all kinds of racial discrimination (ICERD) 1965, International Convention for the civil and political rights 1966.Prevention and punishment of crime of genocide under its article-3 of its convention says that if there is a direct crime of public incitement. ICERD under its article-4 says that if any religion makes itself superior in a way it may create hatred between all the religions of the society or on against any religious group or people of different race then it should be declared as a punishable offence. In the year 2005, all the State heads took a pledge to protect their citizens from the crimes such as genocide, war crimes, hate crimes by religion, crime against humanity etc.

NAMES OF COUNTRIES HAVING RELIGIOUS FREEDOM: [25]

Religious Freedom varies from country to country and can differ in providing equal treatment under the law for its people.

• Sweden:

Sweden is ranked at 6^th number for the best country to provide religious freedom to its citizens in the world.

• New Zealand:

New Zealand is ranked at 12^th number for providing religious freedom to its citizens in the world.

• Denmark:

Denmark is ranked at 13^thnumber for providing religious freedom to its citizens in the world.

• Belgium:

Belgium is ranked at 17^th number for providing religious freedom to its citizens in the world.

• United Kingdom:

United Kingdom is ranked at 5^th overall rank for providing religious freedom to its citizens.

• United States:

United States is ranked at 8^th overall rank for providing religious freedom.

• Australia:

Australia is at number 4^th for giving religious freedom.

• Canada:

Canada is ranked at number 3^rd for providing religious freedom.

• Netherlands:

Netherlands is ranked at 11^th number for providing religious freedom to its citizens.

 

NAMES OF COUNTRIES WHICH ARE WORST FOR THE RELIGIOUS FREEDOM

Right to practice own religion for all the people presiding in different countries are also a fundamental right which is duly protected by the Universal Declaration of Human Rights. Nearly in 13 countries those who do not believe in god(atheist) are killed for having such feelings. Following are the worst countries when it comes to providing freedom to practice their religion:

• Burma:

Burma is having around 90 percent of the Theravada Buddhist population. Minority communities such as Christians, Muslims, Hindus are pressurised to change their religion into the majority religion/community i.e., minorities are been forced to convert their religion into Theravada Buddhist community and if they don’t do so then they are denied all the privileges that the Buddhists enjoy.

• China:

China is having a Communist ruling party which is an atheist group of people. There are only 5 religions which are been practiced by the people of China which are Catholics, Muslims, Buddhist, Protestants, Taoists can only register with the government. Constitution of China provides a freedom to practice their own religion but the government prohibits the same. Minority religions such as Tibetan Buddhists, Falun Gong and the Uighur Muslims have forced a lot of exploitation by the government and the majority religions are been forced to convert their religion.

• Iran:

Constitution of Iran provides certain religious freedom to some of the recognized sects of the Islam, Jews, Christians, Jews, Zoroastrians and Baha” are considered as the political sects and are excluded from the limited protection and are systematically been discriminated by the gozinesh provisions which gives them limited enjoyment of education, employment and housing facilities and on the other hand minority communities such as Christians faces exploitations in the hands of the majority groups.

• Eritrea:

In the country of Eritrea only four religions are been recognized namely, Sunni Islam, Orthodox Church, Roman Catholic Church and the Evangelical Lutheran Church of Eritrea and enjoys very less religious freedom with adhesion of faiths and been exploited and imprisoned. Here the religious are controlled more by the government and less by the social or religious believes and those people who belongs to non-recognized religions or those who are in minority are not allowed to use any place of worship.

• Saudi Arabia:

Constitution of Saudi Arabia is not the grundnorm for the people but it also consists of the Quran and the Prophets Muhammad sayings which does not provides religious freedom to its citizens to practice a particular religion which is also against the article-18 of the Universal Declaration of Human Rights. Those religions who are in minority category cannot openly practiced their religion own religion barring the state religion (Sunni Islam) in the public as it is illegal but they can preach their religion privately.

• North Korea:

Constitution of North Korea also provides the religious freedom to its citizens but it is also not that freely been practiced this country also is an atheist state and is controlled by the political parties. According to a Christian group presiding in the North Korea was caught with 50,000 bibles and was put behind the bars, torture and was killed. There is no freedom to practice a religion of own choice.

• Sudan:

Sudan is a country which provides little freedom to practice their religion and it restricts any kind of blasphemy and defaming the Islam religion. Muslim women cannot carry a non- Muslima s it is against the religion. Christians living in the Sudan faces a lot of discriminations and exploited as they are in minorities and it is also seen that the Government of Sudan has also destroyed a lot of churches within the country and they are supposed to more amount of taxes and it takes a lot of time for them to get the approvals for building their place of worships.

• Uzbekistan:

Uzbekistan also provides very limited religious freedom to its minority citizens and to get this freedom they have to go through a heavy process of registration. Around 2,000 religions have registered themselves as the religious groups which includes Jews, Muslims, Catholic and other communities of Christians and those religious groups which are not registered faces a hell lot of exploitation and discriminations such as raids, etc.[26]

 

COUNTRIES IN THE WORLD HAVING STATE RELIGION

State religion countries mean those countries which have a one single religion which is followed by all the citizens of the country. In other words, a religious body which is having an official sanction by the government for practicing of a religion by all the citizens of the country.

In the world more than 20 percent of the countries are having a particular (one religion) as a State Religion.

Mostly, 43 (22%) countries of the world who are having a state religion are found in the middle east and in the north America with majority of the Muslim community. Only one out of 5 countries are having a religion as a state religion with majorly Muslim states. 20% of the countries have given their consent to have a state religion or one religion as their official (State Religion).[27]

Approximately, 13 countries which includes the nine European countries which are having Christianity as the as their state religion, Bhutan and Cambodia which are the two Buddhist countries having Buddhism as their state religion and Israel is one state religion country which is having Jewish as their state religion and no country is having Hinduism as their state religion in the world.According to a survey, Christianity is the most favourable religion which is been practiced in the 28 countries out of 40 countries. In 10 countries of the world, states such as Vietnam, China, North Korea and Cuba and other countries where states have a tight control over their citizens practice of religion.

NAMES OF THE COUNTRIES HAVING A STATE RELIGION:

• CHRISTIAN STATE RELIGION COUNTRIES

1. Roman Catholics:
2. Bern
3. Malta
4. Monaco
5. Glarus
6. Uri

 

• ISLAMIC COUNTRIES

1. Egypt
2. Afghanistan
3. Kuwait
4. Iran
5. Iraq
6. Malaysia
7. Maldives
8. Pakistan
9. Saudi Arabia

 

• SUNNI RELIGION COUNTRIES

1. Maldives
2. Somalia

 

• BUDDHIST STATE RELIGION COUNTRIES

1. Bhutan
2. Cambodia
3. Thailand
4. Tibet
5. Sri Lanka
6. Myanmar
7. Laos[28]

 

ATHEIST COUNTRIES OF THE WORLD

The countries which do not follow any religion or do not believe in the existence of the god are known as the atheist countries.

Norway is a country where there are equal number of atheist and non- atheist people are found, i.e., 37% are the atheist people and 37% are the non- atheist people and if we talk about such people in United states of America there is relatively a very a small number of such people been found. Following are the majority of atheist countries in the world:

China

Around 49% of the population are identified as the atheist population.

Japan:

Approximately between 30-39% of the population of Japan are atheists.

Czech Republic:

The country of Czech Republic has marked around 30-39% of its population as the atheist.

France:

Around one fifth of the overall population of the France has been classified as atheist.

Australia:

In Australia 10 to 19% of the population is been marked as atheist.

Iceland:

Iceland is having 10 to 19% of the population as atheist.[29]

 

RELIGIOUS LAWS VERSUS SECULAR LAWS

Religious laws are those laws which are bases on a particular religion and on the other hand secular laws means a law which is free from the influence of any one religion and treats all the religions equally. Though having a secular law is impossible in the today’s scenario. For the people who believes in secularism says that secular laws do are not backed by a single religion but it means it should be free from the influence of any of the religions and yes, it is true that the secular laws are neutral in nature but they are impossible to be implemented.[30]It is difficult for a secular law to be implemented because in the current scenario there are certain cases where the court of justice has to take the help of the religious laws in deciding certain cases.

It is a highly debatable discussion which is going on is that is it possible to replace the religious laws with that of the secular laws.

According to an author Taslima Nasreen who is the honorary associate at the National Secular Society says that India should adopt the system of Uniform Civil Code which would abolish the minorities religious personal laws and no personal law should be based upon a religion but in fact it should be bases on the concept of equality and justice. Not only India, should adopt this system but all the developed and developing countries of the world should.[31]

CRIMES DUE TO RELIGION: IS IT A MYTH?[32]

According to some people they think religion is not only the root cause of religious crimes. It can be best understood via following stats.

CONCLUSION

The Religious Laws and Religious crimes in developing and developing countries is still a very much debatable topic in the present situation too. There are countries in the world which not at all provides for the religious freedom to its minority religious groups which is against their human rights and as well as against their fundamental rights. Convention on Universal Declaration of Human rights says that each and every person born in this world has a right to preach their religion of their own and no one can stop them in doing so but till they are been stopped, humiliated, discriminated, tortured and in worst cases they are even killed.

With an increase in the religious trend there will surely be instances which shows that religious crimes will surely be decreased. It is seen that most of the religious crimes targets the youth compelling them to commit suicide or any such crimes which is not only harmful for them but also for the society at large. If one at the initial stage only will be taught to respect each other’s religions then automatically many of the crimes against religion or hate crimes will easily be reduced. This topic is still not very much highlighted and needs to get more attention so that governments of different states can do something to eliminate the risk of religions by crimes and hate crimes by a very big number.

India is known as the hub of different religions thought every religion has their own communities’ we try to understand the concept of religious freedom under our Constitution of India it is mostly based on the Western Ideas.[33]It is more important for the people to understand the main problems such as poverty rate, backwardness and illiteracy in spite of fighting in the name of religion. [34]It is rightly been said if you will teach religious hatred in between people of different religion then it will only create differences between the different the people of religion which will only spoil the unity and integrity of India making it a weaker country in all the spheres. [35] Every country or states have government departments to cope up with the conflicts which may arise due to religious freedom or believes and their mainly deals in the foreign affairs, international treaties, educational, cultural, etc for the protection of the citizens as well as non- citizens of the country both at regional and local level of the country.

 

Research Dissertation on Religious Laws and Religious Crimes in Developing and Developed Countries

Executive Summary

This research dissertations aims to understand religious laws and religious crimes as they occur in developing and developed countries. To that end, the research had distinct and important interrelations in terms of the exact connecting lines of research that are done, and the results that are presented. A discussion based case analysis tackles both religious laws and religious crimes in developed and developing countries respectively. What they offer as results indicate important and wide scale distinctions on the legal bases and formulations. Finally, possible recommendations for the sake of improving the respective conditions have been provided.

1. Introduction

The conditions relating to the modern society highlights some important conditions and understandings when it comes to religion. From an individual standpoint, religion is a major part of identity for a significant share of the world’s population. They form the development basis of so many spheres affecting across lives, and different religions have provided a monolithic belief structure with the help of which society (Pew Research Center, 2019). As a result, religious laws are things that need to be considered, as they formulate many of the basic ethical and moral codes respectively, which effectively detail the overreach manifested by religious traditions. However, when considering these religious laws in the context of modern society, details and many other significant aspects differ very widely in terms of different jurisdictions of nation states or countries.

However, a notable case that needs to be stated and related with significant philosophical and conceptual impact is the relationship between law and crime. Moving away from the strictly legal perspective, its closely related academic position under sociology states that crime recognition is necessary because of the existence of laws, which actually take place in terms of violating the latter and thus requiring unequivocal official sanctions for punishment (Pew Research Center, 2019). The modern view of religious crimes, however, presents a slightly different viewpoint since they mostly fall under the wider classification of ‘hate crime’. However, laws based on religion have shown greater potential of not recognizing a crime, especially when they are borne out of religion based elements, concepts, ideas and observations.

1.1 Differences that occur in Developed and Developing Countries

Both these inherently related issues mentioned above also denote different conditions and scenarios in different countries. Economically, socially and culturally, the modern world is classified mainly under countries that are considered as ‘developed’ or ‘developing’ (Pew Research Center, 2019). This point is important to consider as it will probably depict as to what extent both religious laws and religious crimes differ in both types of countries. What the legal codes and positions depict in reference to these countries would draw up possible generalizations and commonalities, which are distinct between these types (Pew Research Center, 2019). Developing countries show greater acceptance and inclusion of laws, which are based upon the moral and ethical makeups with certain religions, in addition to covering other aspects as well. Developed countries meanwhile move toward a state of being evidently secular in its law formulation and other considerable activities upon the legal landscape (Heaton, 2006). This is in spite of the fact that certain laws motivated and based entirely upon religion exist in these countries as well.

Now, there are certainly interesting cases when considering legal positions associated with the exact nature religious laws in developing countries. It is important to note that the laws based upon religion generally look to favor a single religion by restricting religious freedom among almost all countries across the globe. For instance, countries in the Middle East, generally derive laws based upon their own tradition of religious laws for the most part (Pew Research Center, 2019). An essential part of this specific details is that other religions are generally not tolerated with clear favoritism showing towards a single religious group, which constitutes the majority in most instances (Heaton, 2006). The results in developing countries against violence among religions, for which causes include tension, group harassment, limits on activities, pushback against different norms (Shoji, 2018), have all been on a noticeable rise over the previous decade.

Developed countries in the meanwhile has attempted to ease religious tension by proposing and implementing laws, which accept religion but prevents possible conditions and circumstances that could perpetrate violence based upon that reason. This has been done with the help of certain landmark judicial tensions and legislatures, which have attempted to move beyond what would be considered as direct religious influences and impacts, which could be derived (Heaton, 2006). Those positions have put discrimination based violence to include possible religious affiliations alongside other identity based conditions like race, sex, orientation etc. (Shoji, 2018) In these conditions, the basis of religion based crimes are effectively considered to carry the popular label of being motivated by ‘hate’ and other similar sociological connotations.

1.2 Possible Directions in which the Correlations could be drawn up and presented

The above relations and conditions directly present and state that the affairs associating legal factors with religion have correlating conditions existing in between them. However, it is possible to present an argument relating to crimes committed on the base of religion being significant considerations (Heaton, 2006). It has already been established that recognition under law is important for a crime to actually exist. So, in legal jurisdictions that have been based upon religious traditions whereupon belief systems need to be preserved could imply that exact religious crimes are not represented to any possible extent (Shoji, 2018). All such points are important to be mentioned in terms of deriving the possible basis of doing research.

Nevertheless, the state of legal systems having associations with religious belief systems differ significantly. While some are antinomian, those that exist the points of a law or legal system outright, and those that are closely legalistic in nature, in which examples include Islam and Judaism. The need for positive state of laws to exist as per the latter group is highly relevant to the existence as well as preservation of state and society (Shoji, 2018). However, looking at an example of the former, for which Christianity would serve as an exceptionally relevant may be considered, there are moral precepts that are eternal with what they usually refer to as the ‘divine law’ (Shoji, 2018). Such a consideration overlooks the existence of unchanging moral and ethical values to rule over and guide civil, judicial and ceremonial parts of what laws could exist and generally relate to in terms of delivering important results.

So, certain relations of investigating the laws associating with religion with legal systems are defined and related to delivering important derivations and conditions. In developed countries, where there is usually a pre-dominance of Christianity, the occurrence of religious laws record differences in how they deal with a belief system and welcome the freedom of others as well (Heaton, 2006). On the other hand, developing countries almost always consistently associate with legal system that has consistent and significant associations with an existing religious belief system (Shoji, 2018). This appears to present the overall conditions, which would present with the rationalizations and conditions of research.

1.3 Research Problem

The overall conditions that this legal research scenario depicts reveal some conceptual conditions, which are relevant for discussion. From the point of view of both developed and developing countries, the differences in the religious have been presented and showcased to some extent (Heaton, 2006). However, the notion of association with religious crimes in both the settings, however, have some evident gaps because of the widening state of causalities and effects all across the board. Moreover, more detailed extent of investigation study would also need to be established with regards to what the laws in the two different research settings are attempt to portray and depict across the board (Shoji, 2018). These points combine to express what exact future state of affairs could develop and result in if the conditions are allowed to persist in terms of the potential change inside the legal systems.

1.4 Research Objectives

The objectives relating to doing the research necessarily would correlate and yield the following results:

• To understand generalized and relevant differences in how legal systems differ in developing and developed countries respectively.
• To comprehend how the religious laws formulate and consolidate differently in developing and developed countries respectively.
• To understand the state of religious crimes contrasting in developing and developed countries respectively.
• To consolidate the exact relationships that religious crimes have with religious laws.
• To lay down all the potential and consequential associations, which could be conditionally delivered in developing countries against the developed ones, or vice versa.

1.5 Research Questions

The concern of the directly addressing the objectives would translate to a research question in terms of the following comprehension and understanding:

What are the relations between religious laws and religious crimes that happen in developing and developed countries?

However, the above mentioned research question could be evidently broken down into some more manageable sub-questions at large:

• What are the exact relations between religious laws and crimes that are based upon religion at large?
• How do the conditions and circumstances in developing and developed nations actually influence religious laws and religious crimes?
• Do the differences in developing and developed countries actually inform and shape the relationship between religious laws and crimes respectively?
• How do the outcomes of the overall legal systems associated with religion inform future changes and/or transformations?
• What are the proper recommendations that would actually resolve the issues faced by developing and developed countries respectively?

In light of these questions, however, it is important to start the study with a secondary research, which shall provide and consolidate the grounds of inquiry in a more primary fashion latter.

2. Literature Review

The possible position offered in light of religious laws and religious crimes are obviously central to the overall consideration. Underlying conditions and factors that involve, however, this study must approach it from a legal point of view. To that end, the first point of attention to this is brought upon by Edge (2013) who highlights the important distinction about the common connections between religion and the law. The important and significant connections with overall relations with tensions and contradictions under the law and how people associate with religion have been exemplified. Considering both as social phenomena, the influence that both could potentially have upon the other is generally considered a reasonable point of concern for the author.

Berman (1986) meanwhile attempts at approaching the topic from a historical perspective by relating the topic to the First Amendment to the US Constitution, which deals with the non-regulation establishing religion by the State. The existence of a monolithic Christian society at the time directly associated with the relationship between the individual and the State not only under political and legal means, but also because of religious connections as well. Such a point truly underscores the recognition that religion had as it was considered side by side with the Freedom of Speech and Expression, press, and the right to peaceably assemble. These points are consequential in the progression of discussion, which must take place to an acceptable extent.

2.1 Religious Laws in Developing Countries

The laws relating to religion in developing countries have notable details, which have already been mentioned in the Introduction chapter. As already noted, the existence of strong ‘nomistic’ or legalistic precedents made by the religious belief systems, as they have been showcased with Tessler (2002). In that source, the author addresses the conditions of the existing legal systems in four democratic countries in the Middle East, who have had strong associations with Islam in the past. The religion encompassed the legal systems associated and integrated with the belief system in the past, and these associated with positivist law bases for both the state and the society. Tessler (2002) indicates in the position that these developing nations with their current legal circumstances often associate with a state of tension to exist with the religious order. This inherently means that possible associations that the orientations that the religious order has had to make, it also relates with a number of concessions within the legal system to keep certain aspects consistent with the religious traditions.

Adamczyk & Pitt (2009) state these positions among developing countries upon basing and manifesting important laws related to social norms, which have changed in the modern world society. The authors present this discussion on the basis of laws reflecting the question of homosexuality, and how religion and cultural contexts clash as to what outcome would take shape in the legal system of a developing country. The question remains upon what exactly influences public opinion, upon which Adamczyk & Pitt (2009) state how the issue becomes almost an adversarial scenario between cultural and religious contexts. The need for specifically targeting in regulating same-sex union and possible penalties are often at the center of what guides the conditions. In relation, Basedau, Pfeiffer & Vüllers (2016) presents important reflections directly referencing and presenting important outlooks as to what role religion plays in the legal systems and the constancy of conflict. According to the authors, these evidently could take legitimate shape of armed conflict, which defines and consolidates the extremist opposition to dissociating the legal system from the religious positions and factors.

In the research results, Basedau, Pfeiffer & Vüllers (2016) offer the overlap that religion has with other identities as a major source of conflict. This point actually seek to remove such overlaps and consolidate the superior position for the association of religion on society. It is evident that the infallible position in the modern society has been usurped by the legal system, which had been previously been a part of it. The point that without religion a proper legal state of affairs cannot be maintained is ultimately detriment to the underlying moral, ethical and other life related associations that feature into the legal context at large (Basedau, Pfeiffer & Vüllers, 2016). Rouf (2013) presents important reflections and understanding, which seem to directly relate this viewpoint as the author considers the values of religious patriarchy in religious Bangladesh. This is a point that relates to existing laws and codes in developing countries representing a public opinion that is steeped in history and associated with possibly negative associations existing all across the board.

2.2 Religious Laws in Developed Countries

As noted and highlighted in the Introduction chapter, the circumstances of religious laws in developed countries place certain different viewpoints, but they are also related to geographic history as well. Twining (2004) underlines the necessary positions, which depict the points made in that regard as transposition, transfer and transplants of legal modes and concepts take place all across the board. Other details on how the global diffusion generally is utilized to fill necessary gaps in legal orders. The author considers this as being something important and consequential because they deliver important conditions to comparative democratic orders in modern society (Twining, 2004). Iannaccone (1991) offers some historic standpoint over the necessity of understanding the ‘economics of religion’ and how Adam Smith formulated the philosophical underpinnings and conditions reflecting this specific point of view. The differences from what Smith had offered provided differences between the State-sponsored religious monopolies and the possible religious market economies, which actually exist (Iannaccone, 1991). This is an important point that reflect the acceptability of keeping the religious order and the legal system separate, which would incentivize the overall control that exists upon the religion economy altogether.

Barber (2011) meanwhile proposes a certain viewpoints of distinction by conducting a cross-national test, which would provide all the exceptional and helpful reflection on religious laws in developed countries. Such nation states are usually stated to have experienced greater decline in encompassing conditions of religious beliefs due to greater existential security. This is a theoretical concept includes both conditions about higher income margins and an improved state of accessible health (Barber, 2011). However, in understanding how it interacts and associates with the legal systems and the overall landscape require reflections based upon Huber (2005). It proposes that religious belief and participation in developed nations tend to negatively relate with existential security because of the latter’s delivery in terms of tangible results. People in these countries are better able to comprehend and get to the things they actually want. In addition, Huber (2005) proposes that a large comparative portion would dissociate with religious beliefs and values, both of which directly lead to participation as a result of available solutions they could get. The legal systems, often the notable consolidating product of social policy, tend to relate with the wider public opinion, and as a result the association and orientation with religion is not as pronounced.

In McCrea’s (2010) book, there is very notable and consequential relations between all the possible conditions, which have directly reflected this occurrence in the context of the European Union. What is legitimately presented in those developed countries refers a very close association with a single religion of Christianity, which has depicted religious laws in very antinomian perspective. This means that the religion believes in the superiority of certain moral and ethical precepts to be more important and consequential to the common areas of focus under legal concepts and the overall system (McCrea, 2010). The conditions of working such areas of legal focus and treatment, therefore, remained quite separate from the conditions, which were actually relevant and consequential. Durham Jr (2010) also helps a great deal in presenting with the necessary outlooks, which evidently propose the notable and perhaps the most important conditions among the legal impact in developed countries. This point is based upon presenting the so-called ‘legal status’ of religious order in those societies, and what possible criteria they use either exclusion or inclusion. It also effectively connects with the importance that religion places upon the lives of any citizen in a society, and how such positions must be recognized and reflect accordingly (Durham Jr, 2010). They yield important derivations that showcase all such things through careful consideration and proper understanding.

2.3 State of Religious Violence in Developing Countries

The starting point of reflections upon this consideration could start with the report published by the Pew Research Center (2019) in terms of the global state of religious violence taking place. In that respect, the overall state of hostilities among religious groups have increased significantly in the period 2007-2017. Pew Research Center (2019) conceives this directly in terms of possible increase in the overall conditions related directly to religious restrictions. This point, as a result, requires some posterity; however, the conditions of violence among interreligious groups have reported modest increases. Driving differences between religious norms nevertheless has been the major source of much of the conflict that has actually occurred. Kaya & Cook (2010) offers some notable occurrences of violence happening because of religion in developing countries wherein partner-based domestic violence is still tolerated. Even though in a number of countries they are considered punishable legal offence, they seem permissible because of acceptance and tolerance of religious patriarchy being present. However, this is an occurrence of violence, which is neither commonly nor directly associated with religion.

Sidel (2007) offers a far more reflective and commonly associated occurrence of violence in conditions that are usually related to religion. The author bases the research directly in the setting of Indonesia wherein Islam is the dominant religion. However, the violence in the geographic region effectively related to ethnic differences among communities as well, which all eventually cut across any definable state and conditions of causalities. Nevertheless, Sidel (2007) does not fail to show the effect of religion had upon the perpetration of such destructive instances of violence altogether. The author gives a reflective response in which the overall conditions seem to be quite directly related to common relations that religion had in shaping identities, forming and guiding families, groups and communities to actually result in whole societies (Sidel, 2007). Garg (2020) offers the most direct and helpful point of contribution to this entire address by painting this under the quintessential developing country of India, and is current relevance as a center of high religious tension and violence. The picture that is offered about religious violence in India is comprised of a number of similarities with what Sidel (2007), yet associate upon a number of details and dynamics completely by its own.

Garg (2020) offers up the important distinctions about the religious violence to have precedence well before the current democracy, and when India was a colony under the British. Such points as proposed by the author depicts causalities upon the economics associated with social, political and economic resources, which one community would hope to have. The violence that usually takes place is heavily comprised by the presence of mobs as well as lynching. Additionally, Garg (2020) also highlights how State actors are often the ones to direct and inflame the already noted tensions, and then backtrack all in the hopes of getting their respective upper hands within the overall dynamics of partisan politics. Although there are noted laws against hate crimes as well as those committed under religious motivations and communalism, the circumstances of the legal system, more of than not, favors the majority Hindus against minorities. Garg (2020) also notes that the current scenario of the religious landscape has seen a significant increase in violence, specifically in light of the current political party being at power over the Central Government, and their underlying ideals egregiously favoring the Hindu religion and its adherents.

Shoji (2018) also associates this viewpoint albeit in Bangladesh, specifically placing the context within disaster affected areas and denoting how exactly religious based fractionalization gave rise to crime. This source as well as the ones above denote the underlying issue lying with the weakness within the judicial and legal system bending possible developments and transformations directly toward public opinion (Shoji, 2018). It is something that only emboldens and results in the religious violence to continue unabated. As a result, developing countries experience egregious extent of religious violence, which has only seemed to intensify and grow within the time span of the near past and the present (Shoji, 2018). Such a reflection is very unambiguously apparent within the context of presenting necessary state of religious violence under developing countries.

2.4 State of Religious Violence in Developed Countries

Ellis & Peterson (1996) provide a nominal yet reflective associations between possible state of occurrence between religion and crime in such countries. Their survey presents that likelihood and prevalence of crime are innately lower in those developed nations where there is strong religiosity associated with law, as opposed to those with lesser or no specific influence on religion at large. However, the authors concede to the fact that their considerations only reported ‘overt’ circumstances of committed crimes, as well as those that ‘overtly’ express religiosity. Corcoran, Pettinicchio & Robbins (2012) meanwhile proposes that the kind of religious association and the belief system often has a great deal of conditions with respect to crime, which in this source addresses all those of which that are of the white-collar variety. The exact nature of religious based hate crimes, however, do not feature into this research, and it is important the dependence upon certain conditions relating with a religion is often the major source of concern and consideration.

In Soares (2004), there are enough indicative possibilities that reflect religious crimes in developed countries not taking more egregious standpoints. It is necessary to point out that correlations in traditions between religious beliefs and system of values in certain types often end up influencing the conditions upon other notable instances. Pew Research Center (2019) offer exceptional viewpoints on how these indirect occurrences of crimes actually take place with government favoritism, and restrictions upon religious practices and customs presented as unfit for a society in general. Moreover, Pew Research Center’s (2019) data are sampled from about 56 countries, a majority of which happened to be developed notions whereupon noted occurrence of religious crimes seemed to generally occur in these previously explained indirect ways. This point evidently paints the required picture, which needs to be established in terms of presenting the exact state of understanding the state of religious crimes in developed countries.        

2.5 What are the possible relationships that could be consolidated and presented in line with Religious Laws and Religious Crimes?

The contextual and relevant state of relationships that could be drawn between religious laws and religious crimes have many notable gaps and separation in terms of finding a cohesive answer. For instance, Garg (2020) highlights the constant and inseparable relationship between crime and law, which translates truly when putting in the context of India and its legal landscape in terms of handling religious crimes. The laws that exist in terms of addressing such crimes generally associate closely with existing traditions of morality, code of ethics and obligations, which have been recorded and given credence (Garg, 2020). Moreover, this point exists differently for different religion that need to be presented and consolidated with equal importance to maintaining an encompassing state of secularism. It only intensifies the different circumstances addressing the potential information and their overlying outcomes across the board (Garg, 2020). Nevertheless, Pettersson (1991) draws upon empirical investigation to looking at the religious connection with crime in Sweden. Basing itself in a developed secularized democracy, the authors argue that correlation between these two offer negatively, which covers criminological and sociological theories respectively as possible perspectives.

By contrast, Heaton (2006) offers the perspective whereupon possible additions in consideration of the viewpoints of the previously depicted negative relationship suffered from endogeneity bias. It defined that more objective found no strong correlation between religiosity and crime, even though crime itself had a negative relationship of cause-and-effect with religion. This, however, reflects a point where the perspective on this entire state of affair is taken from a sociological position, and even though such a perspective may have important legal outcomes, consolidated points cannot be actually drawn upon in that case. It is at this particular point wherein a source literature like Ulmer, Bader & Gault (2008) depicts important relationships between moral communities and their associative relationships with religion highlight criminal sentencing. With the case focusing upon the state of Pennsylvania in the United States, there is notable evidence highlighting that the legal and judicial mechanisms have notable relationships with communities that prioritize religion based conservatism (Ulmer, Bader & Gault, 2008). The point inherently redirects the prejudice against persecutions of those committing crimes, and representatives are influenced by the convergence of many different factors at large.

Johnson & Jang (2011) present more relevant associations between why the laws that deal with religion often end up influencing the occurrence and relevance in crime. Using criminological theory. The authors showcase noted relevance on how religion within criminology has played a roles in formulating and extending the biases, which depict the differences existing in between them. As a result, the correlations between crime and religion lacked the objective viewpoint of drawing proper conclusions altogether (Johnson & Jang, 2011). Sullaway (2004) also offers some important correlations from a psychological perspective whereupon the entire framing of most people’s view on reality is based upon with the traditions of religion guiding their concerns and perspectives. This is the major point, which evidently corners and directs the necessary progression of where exactly the conditions are proceeding.

All these points are quite exceptional and relevant in presenting and consolidating important relations that are of concern and important for discussion. These would effectively apply in the time of analysis in primary data for presenting with correct and accurate results at large.

3. Methodology

A methodology is not just concerned with the state of affairs that relate with the consideration and selection of processes and methods done for research, but also points about other consequential aspects as well. These points most notably play the role in terms of correlating with underlying philosophies, and how exactly the research study support the entire scenario of knowledge making (Khan & VanWynsberghe, 2008). Such a point needs to, however, carefully consider the major parts of the research at large. For instance, the point that distinctions and differences between the conditions in developing and developed countries are relevant is something that has egregious points in terms of relevance (Stronge, Ward & Grant, 2011). These would effectively build up all the parts of the central research methodology accordingly.

3.1 Research Philosophy

The possible philosophy in research generally tackles two important avenues of reflection and consideration. One is about knowing an observable phenomena and its presented explanation to be true, which is generally referred to as epistemology. The other one is doxology that highlights an explanation or other reasons behind some phenomena to be believed as being true, as opposed to the previous concern about knowing (Khan & VanWynsberghe, 2008). This point emerges different possible roles, which could be attributed to the case at large. The possible grounds for overall philosophical choice, which could be included involve positivist, interpretivist, pragmatist and realist philosophies respectively (Stronge, Ward & Grant, 2011). Among them, the choice generally ends up being related pragmatism on the basis of the freedom in choice, which this philosophical perspective offers to the researcher (Stronge, Ward & Grant, 2011). The general viewpoint often ends up conferring the necessary viewpoints a selection of processes and methods, which this researcher believes to be appropriate and/or correct, leading to the most favorable of conditions of finding one’s way to the conclusion.

3.2 Research Approach

The approach to any research deals specifically with a condition wherein the conditions often end up being significantly relevant in terms of the directions reflecting plans and processes. This essentially ends up conceding the fact that approach to the research generally has two different directions for the direct concerns of the researcher (Khan & VanWynsberghe, 2008). The first one considered is about data collection, which shall inherently be of qualitative nature. It is in line with the proper circumstances relating to the conditions that appear to occur with relevance in this very research context (Easton, 2010). Furthermore, approach also concerns directly with the choice of data analysis, which could be put forth and presented. It shall all evidently constitute and highlight important associations with being inductive as opposed deductive (Easton, 2010). It is based upon data analysis approach, which presents with notable observations that eventually end up resulting in generalizations and consolidations of knowledge in terms of theory (Khan & VanWynsberghe, 2008). This makes for the important developments, which would guide the latter aspects of the methodology.

3.3 Research Strategy and Design

Possible indications and circumstances point to the fact that the choice of a strategy is perhaps the most important points that must be related in terms of presenting the method of doing research. In light of the conditions mentioned, it would be helpful to take under consideration four different case analyses, and present them under a comparative qualitative framework in terms of analysis (Khan & VanWynsberghe, 2008). It is a step-by-step plan of action that presents that the case presented would account for a number of details like two cases being directly from developing countries and two from developed countries. In each of them, the account of the case as well as all possible presenting of conditions reflect the religious crimes, and how exactly religious laws apply to them and present the necessary results forward (Easton, 2010). These shall evidently relate to the design aspects, which shall mostly account for a straightforward narrative viewpoint (Khan & VanWynsberghe, 2008). Obviously, there will be some important depictions of rationalizations and reasoning, which need to be put up as well as backed up with the help of important conditions directly reflective of the scenarios and what exactly is being attempted to be presented at large.

3.4 Sampling and Data Collection

The possible case of sampling shall necessarily draw upon concerns of data, which have evidently affected many individuals across different regions and conditions. These explicit points of view all highlight and present with important conditions that closely associate with the way data is to be collected upon this very case (Easton, 2010). These points shall be inherently collected from available secondary sources at length, and they shall provide all the important conditions as to what exact implications they might potentially present (Stronge, Ward & Grant, 2011). Such a state of conditions and highlights end up providing enough posterity to initiate and direct a proper way to understand the overlying comprehension of topics, which seem to combine religion with the existence of law.

3.5 Data Analysis

Analysis, as already explained before to certain extent, presents with an outlook that quite inherently looks over and presents the point about inductive approach. The case factors and information/details collected shall base the observations, which would provide the necessary outlook over reflections and what exact implications they might hold (Easton, 2010). This would mean a lot of interpretations, rationalizations and derivations shall take place in the context of this research (Stronge, Ward & Grant, 2011). It shall formulate the exact direction and present with those results that are of high relevance and necessity.

3.6 Ethical Considerations

This researcher has taken steps to maintain a maximum possible state of conditions highlighting and presenting objectivity. As such, all possible ethics operating in terms of the conditions presented reflect and highlight some of the most accurate information (Easton, 2010). Moreover, careful explanation is taken under each point of information in the case analysis to understand what exact point of view they offer and present for understanding (Khan & VanWynsberghe, 2008). Finally, both contrasts and adherences to points mentioned about literature have been presented appropriately and with the necessary weight.

4. Analysis and Discussion

This chapter shall present the results of research by addressing the research questions directly, and with proper understanding and comprehension. As already noted before, data collection has taken place with 4 different cases of religious violence and their accompanying conditions of applying religious based laws in different developing and developed countries respectively. They would encapsulate the necessary results that would associated research questions in terms of a comparative discussion framework in relating to how those specific questions were asked. However, it is in the final section of this chapter, which shall address the singular research question that asked exactly what recommendations for legal systems in both types of countries and their legal systems would imply and present.

4.1 The Lynching of Alimuddin Ansari in India

In 2017, Alimuddin Ansari who is a Muslim van driver who was carrying a van full of beef to a crowded marketplace by a group of Hindu extremists. They were motivated because the goods he was carrying, beef has evidently seen it slaughter banned in a number of states. What Ansari encountered was a highly coordinated attack upon his person, which was known among the Extremist Hindu communities for some time (Adcock, 2018). Belonging to a minority religious community of Muslims, however, who consider the consumption of beef as an essential part of their cultural makeup, the situation would seem to offer a case wherein religiosity affected laws could seem to be reflective of a state of orchestrated violence (Bhat, Bajaj & Kumar, 2020). Such violence would have seen state forces, most notably the police exacting the necessary enforcement in conditions of relating the prevention of such items entering into the public market.

However, what happened with the case highlighted a very notable case of extrajudicial action by a mob of individuals who were evidently acting as vigilantes. They cornered Ansari in the marketplace and started assaulting him, which constituted as ‘lynching’ (Basedau, Pfeiffer & Vüllers, 2016). However, the point about the Indian legal system is that it does not explicitly recognize a hate based crime like this even though there was ample video evidence of the conditions happening (Adcock, 2018). More so than that, the point about the potential punishment, which Ansari was at the receiving end of was the loss of life, again caught at the end of a full video recording (Bhat, Bajaj & Kumar, 2020). This is a case undoubtedly of a religious crime extending towards extrajudicial measures and conditions, affecting the whole circumstances of the social order in India.

Additionally, the lack of separate recognition of a religion based hate crime also supplied with the notable conditions with the legal actions, which were taken in the aftermath. In it, no real judicial actions were taken against the main perpetrator of the lynching. A noted case of public movement also supplied the necessary actions against these conditions, which belonged to the Hindu majority (Bhat, Bajaj & Kumar, 2020). The Court also acquitted all who were charged with murder due circumstantial lack of evidence both in the cases of those who were charged with murder and the overlapping changes of conspiring to do so (Adcock, 2018). The lack of separate statutes of religious based hate crimes in the country is the opinion of many as to why this particular outcome came about (Basedau, Pfeiffer & Vüllers, 2016). These point to a scenario, which evidently presents and relates to other scenarios where these might occur.

Garg (2020) highlights that even though the Indian Penal Code, Section 18 recognizes the occurrence of hate crimes, the definition and subsequent interpretation under legal case bases relate to any potential outcome to come forward. These are all apparently related to the slew of religious crimes, especially the notably egregious ones like in the one mentioned above to end up having the outcomes that they did (Basedau, Pfeiffer & Vüllers, 2016). However, as per the cultural and social conditions of India, the narrative of the mainstream majority would be justified in terms of the supremacy of religious traditions, as well as the concerns related directly to the Hindu majority.

4.2 The Repeated Incidents of Rape as a Religious Crime in Bangladesh

The situation in the country of Bangladesh pits the Hindus as evident minorities who have faced endless atrocities that constitute religious crime against the majority population of the Muslims. A notable case in this relation was evident after the 2001 General Election in which the dominant political force Bangladesh National Party conducted a slew of violence throughout the districts in the southern part of the country where there is large Hindu communities (Guhathakurta, 2012). In a 2009 Bangladesh High Court report, this post-election violence attributed directly to 25,000 people of whom 25 members were prominent Ministers and Members of Parliament belonging to the party that had just won (Datta, 2003). Major occurrences of violence involved murder, looting and other egregiously systematic ways of perpetrating different instances of atrocities. Nevertheless, the most prominent among these happened to take place as a way of overcoming the existence of minorities, and a total of reported rape cases numbered around a significant mark of 18,000.

The judicial and legal action following this was slow to respond, which many attributed to certain conditions of the political influence associated with such systemic positions and sources of power emanating from the elected government. The potential circumstances of legal system in Bangladesh’s Penal Code offers severe punishment for the accusation to be proved as being true in the judgment of the Court (Guhathakurta, 2012). However, the inherent reporting from minorities, many of whom were forced to leave or were even murdered prevented the legal reporting to significant conditions (Datta, 2003). As a result, it was in 2011 when the only conviction of rape was made possible by the judicial system, serving life sentences to 11 individuals accused out of the egregiously large extent, which required to be properly addressed and stated (Guhathakurta, 2012). It presents a very notable instance wherein even though penal systems and statutes should exist prominently, they do not actually produce any evident results at large.

In comparing with the case of India, the case offers important distinctions as to what relations could be drawn upon the legal concepts and systems that underlie both. However, the legal points of underlying the true nature and causalities of violence are never addressed (McCrea, 2010). For instance, hate crime is mainly defined as occurring on the basis of a personal bias, and not actually reflecting upon the wider social and systemic impacts that they could potentially have (Guhathakurta, 2012). There was even less possibility of recognizing the crimes based on religious basis in Bangladesh since the Penal Code and the Constitution had strong associations with the religious tradition at large (Datta, 2003). These points were extremely relevant and directing the necessary ways of which supplied and consolidated as the legal groundwork of why normative justice could not be delivered in these cases.

In addition, there is also notable vulnerabilities evident from the conditions under which there are possibilities in deriving the necessary relations with the various wings of democracy in these developing countries. Both these cases occurred when political state actors who built their bases through religious extremism, and their ascent to power evidently resulted and motivated their supporters to actually act upon the violence upon religious minorities (Datta, 2003). The vulnerabilities within the legal system and the acting forces all consolidated that such largely extrajudicial violent actions, initiatives and executions did not face any realistic repercussions (McCrea, 2010). This is already associated with biases in public opinion, which created a false perception of allowance of allowing such actions to pass through for the most part. These conditions all combined to present the scenario as they became evident and clear together.

4.3 New Zealand’s Christchurch Mosque Shootings

What took place on 15 March 2019 were two consecutive mass shootings at two mosques in the city of Christchurch, New Zealand. This was planned and orchestrated evidently by a single individual, and it left 51 dead and 40 injured in total (Wilson & Thomson, 2019). The circumstances and contexts associated with the circumstances that related to it reflected that the motivation behind the attack was Islamophobia, and thus constituted a religious hate crime (McCrea, 2010). However, the mass shooter also identified himself as a White supremacist and generally aligned himself with the alt-right (Every-Palmer, Cunningham, Jenkins & Bell, 2020). Such details relate to the necessary developments, which would need to identify and present the aftermath of what the developed country presented in terms of judicial and legal action.

Tarrant was initially charged with one count of murder, but by April 4, the count of charges were increased to a total of 89. These included 50 counts for murder and 39 for attempted murder; while latter additional terrorism charge was brought under notice and another murder as well as attempt-to-murder charge were also laid out (Wilson & Thomson, 2019). All these charges were eventually attained a guilty plea by the accused for which he subsequently received the maximum sentence of life in prison without any condition of parole (McCrea, 2010). These reflected the proactive stance that the legal systems and actors took in response to this particular case of religious hate crime. There was also a significant extent of recognition when it came to observing the extent to which the legal codes, policies and statutes offered the possibilities of committing crime.

In a developed country like New Zealand, it is evident that the conditions pertaining to the legal conditions and systems have favorable to approach religious crimes from the position of proper understanding of the scenario and conditions. This is evident with the exact approach that the conditions of legal proceedings were laid out, and how the direct contributors to it know the functions and mechanisms (Wilson & Thomson, 2019). This related to the fact that actual people to commit crimes would generally feature objective treatment of what crime they actually committed.  However, in addition, there was also the consequential recognition of the act of terrorism. This was evidently presented as the notable cause of which the Islamophobia guided the actions of the convict to actually commit the acts of egregious violence (Every-Palmer et al., 2020). Such a charge directly delivered as a point of recognition of characterizing accurately of what the actual motives behind the mass shooting actually was, which was to spread terror and fear among the groups associated commonly with the victims. They were Muslims one of the religious minorities in the country of New Zealand (Every-Palmer et al., 2020), and their inclusion to society is mainly seen by the system attempting to reach the most positive outcome for all those who were involved in light of the tragedy.

The above point was in direct contrast to the picture presented by the cases depicted in the developing countries, and the commonalities that existed in both such cases. The most important implication in that particular point obviously has to be the legal system considerations and formulating factors (Wilson & Thomson, 2019). It revealed more recognitions and policies and statutes of crimes that are religious and associated with deeper questions about social and systemic hate at large (Every-Palmer et al., 2020). Nevertheless, there were some notable and distinct qualities about the differences, which were not apparent from the analysis of cases in developing nations.

This relates to the notion that the trends of hate crimes like the Christchurch shootings, apart from having a specific anti-religious agenda also had associations with questions about ethnicity, race, nationalism, gender and sexual orientation considerations as well (Every-Palmer et al., 2020). The group known as the ‘alt-right’ for which the convict of the case aligned himself towards, is essentially a far right group with a host of agendas amongst which Islamophobia was one (Wilson & Thomson, 2019). Therefore, it is possible to consider and present the fact more directions of possible violence exists in such cases apart from religious minorities. This is certainly a possibility that would need to be considered among developed countries.

4.4 Serial Shooting by Larme Price

In the United States, the aftermath of the 9/11 terrorist attacks saw a significant rise of religion based hate crimes, particularly on the basis for Islamophobia. Larme Price was certainly one of those cases as he serially gunned down and killed 4 individuals who he believed were of Middle Eastern descent. When he was arrested by the police, he was sentenced to life in prison on the charges of first degree murder when he pleaded guilty (Ulmer, Bader & Gault, 2008). However, it would seem that the concerns of the legal systems did not deem to present the highest possible sentencing of death penalty because of the action he took to with admitting his guilt (Johnson & Jang, 2011). It is a very common occurrence within the legal and judicial arrangements of cases in the United States, but it opens up notable questions in reference to actually and properly analyzing the case.

A primary concern directly in relation to the case as its non-recognition of it being a religious hate crime. In the United States, there are both federal and state laws that consider a person’s religion as a basis for the hate crime to be prosecuted and delivered appropriately (Johnson & Jang, 2011). Even though in this case, the religious hatred underlined the nature and the characteristics of the crime, there is a need to express concerns and comprehensions in response to other aspects as well (Ulmer, Bader & Gault, 2008). In this case, however, the need for addressing the proper circumstances associated with hate crimes seemed hyperbolic to actually take place. Nevertheless, detailed exceptions of the conditions evidently feature into addressing religious crimes based on hate.

However, it is also important to point out that the conditions of other prejudices and biases also featured very notably in this case as well. Price evidently showed xenophobic sentiment, which associates with the multiple hate based upon associations with several different factors, conditions and relationships they draw up and present. That formulates the entire basis of what the scenario records (Ulmer, Bader & Gault, 2008). Nevertheless, another important point derived from the case is the evident influence of the various states and having their own legal definitions and details based upon what would have exactly constituted as religion based gate crime (Johnson & Jang, 2011). That point extended to the overall conditions of what exactly constituted as the conditions and scenarios of the circumstances at large.

2.5 How the Legal Systems and their Conditions could improve in the Future

There is evidence point to certainly many factors but the developing countries obviously present far greater scenario of challenge and contradiction in what they evidently play out in the conditions in light of religious laws. These laws need for the legal, judicial, and legislative system to recognize all the apparent conditions and circumstances, which would recognize the diversity, differences in conditions, dynamics and other details related to religious crimes (Ulmer, Bader & Gault, 2008). These obviously need to be translated and conveyed in the hopes that possible statutes for the judiciary to exactly follow and provide exact and appropriate judgment could follow and manifest. They formulate the basis under which the entire state of the improvements could proceed in the context of developing countries (Johnson & Jang, 2011). In the developed countries, however, questions about tying up the relations between the various prejudices and their probabilities upon the likelihood of perpetration in any singular avenue would need to be legally tackled (Johnson & Jang, 2011). The necessity of recognizing that scenarios would follow the exact state of extremism as in developing countries is a very possible threat that could actually occur.

6. Conclusion

The possible results of this research present very strong correlations between religious laws and crimes respectively with the latter needing recognition and distinction in the former to actually proceed with the conditions and the scenarios. Developing and developed countries mean while present respectively different conditions at large on how religious laws are formulated, and describe the entire state of religious crime differently. In developing nations, religious laws are generally lacking in the recognition and the statutory encoding of how and under what circumstances religious crimes may occur. This provides a leeway, which has indicated that there is a very high likeliness of occurrence of religious crimes in such countries. Developed nations, however, have objectively more refined and better defined laws in tackling crime, which the do and deliver to reach towards better judicial scenarios and conditions. Nevertheless, outcomes in both these cases reflect some noted occurrences, which would need to be addressed and actuated upon by the probable and practical recommendations.

The future research instances could explore any of these points established in this research to an even greater extent. This would provide the possible extents of testing and confirming the claims about what has been presented in this dissertation. Conditions would also lead to perform experiment based research on what possible conditions about implementing laws tackling religious crimes might present. However, such a thing usually involves a great deal of risks and challenges all put together.