Is God above the law? This is a much discussed discussion both politically and socially. Can a believer break the law if it conflicts with his or her beliefs? This not only causes a lot of unrest among non-believers, but also among believers themselves. To what extent is it responsible to give up your own identity in order to function in a society? This argument substantiates the statement “you may not break the law if it conflicts with your religious beliefs”. This means that you must put the law above your faith.
Discrimination
First, allowing groups to break the law is discrimination against other groups. This is contrary to the principle of equality.
The principle mainly concerns equal treatment regardless of marital status (this is the general legal status of a person), orientation, nationality, gender, race, creed or religion. For example, in Islam it is very normal that women have to stay at home. The problem is that this sometimes also concerns children under our legislation. According to Islamic rules, children are adults when one of the following occurs:
- Having ejaculation
- The first menstruation
- The growth of pubic hairs
- Reaching the age of 15
has not yet reached the age of 10 . According to Islamic law, a child is an adult when it reaches sexual maturity and according to most Islamic legal scholars this is at the age of 12. In most Islamic countries, the legal age is now the standard for adulthood. This has several adverse consequences for a child. An example is that if a minor girl is considered an adult according to Islamic rules, she can be kept out of school. This is relatively rare in practice, but it does happen. In the Netherlands, however, compulsory education applies up to the age of 18 and failure to comply with this will result in a high fine. Is it acceptable to tolerate this violation? This is a battle against the law but also against the interests of the child. In addition, other people may start to feel subordinate because they have to go through enormous paperwork and other efforts to get one day off from school just before the summer holidays (when classes are usually no longer taught anyway) so that they can go on holiday earlier.
Democracy
Secondly, the law is established democratically and is intended to allow society to function. Laws are necessary for society to function, because many people live in a society, with many different interests. So compromises have to be made for everyone. Everyone has to give and take in order to live side by side. You can compare this with the traffic rules. It is not allowed to drive 120 km/h in built-up areas, because this is dangerous for other people and irresponsible for yourself. Everyone must adhere to this, otherwise there will be accidents (and fines!). Traffic rules are of course only a relatively minor comparison. For example, it is not allowed to rob people of things or life, even if you don’t like them and they get in the way of your life. The law is there for a reason and that is why you must adhere to it. This applies to everyone, including religious groups. Arranged marriages and female circumcision are prohibited in this country and you must therefore refrain from doing so if you decide to live in this country.
Moral aspects
Leaving aside the democratic aspects, there are several moral aspects why the law should not be broken.
The books in which rules are recorded (Bible, Quran, etc.) were written more than 1500 years ago. They were rules of life that met the ideas of the time. They were also aimed, just like our current legislation, at ensuring that society runs smoothly. But we are now more than 1500 years further. Just as legislation from that time is no longer acceptable, a number of rules in those books are no longer acceptable. The norms and values in the West have changed: we do not kill non-believers, women are not subordinate to men in our society and discrimination in general is prohibited, whether it concerns religion, race or sexual preferences, for example. A number of rules from those books simply no longer fit today, at least not in the West. But even in Israel and non-fundamentalist Islamic countries, the rules from the religious books are no longer literally applied by the majority, just as most Christians in the West no longer apply an eye for an eye, tooth for a tooth. Non-fundamentalists, regardless of faith, realize that ancient rules of life no longer apply. Reason why faith can never be a reason to violate today’s law.
The counterargument that (fundamentalist ) believers use is that the rules of God, Allah, Jehovah or whatever God is called, are above the law. It is God’s will, or Allah, etc. That suggests that God wrote said books, which of course is absolutely not the case. The other claim is that the books mentioned were written by people, but that these people received the texts from God, which ultimately amounts to the same thing as the claim that the books were written by God himself. However, the truth is that these books were written by then rulers with religious beliefs. You can see it that way because the church, again regardless of faith, actually had the power. The Pope crowned Charlemagne, the most powerful king since the Romans, as Emperor. The leaders of other faiths had the same power: they formed the highest caste, to quote Hinduism. Written by fallible people, based on what was considered norms and values at the time. So you may seriously wonder whether what is written in the holy books is really what God wants from us. Does God want a woman who comes of age to be called unclean and not allowed to study? Can’t a woman be a member of a political party because that party happens to be fundamentalist Christian? Can such a party actually exist in a country where discrimination is prohibited?
Conclusion
And so the discussion is again a political one. Politics makes the law and the extent to which people adhere to it depends on how strict the legislator takes action against violators.
From this we can conclude that the Will of God, regardless of belief, is factually unknown. The books on which every faith is based are written by fallible spiritual leaders, based on norms and values from more than 1,500 years ago. Ideas, norms and values have now changed enormously. The Constitution sets out the fundamental rights of the people in our society. That must count as the greatest common denominator: democratically established, just like the ordinary laws, which are always tested against the constitution. There can therefore be no reason to break the law.
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- Religion in the public domain