GROUND
OF TRUTH BIBLE INSTITUTE
Email:- groundoftruth2@yahoo.com Website:- www.groundoftruthbibleinstitute.blogspot.com
CHRISTIANITY
AND THE LAW
INTRODUCTION
Many would wonder whether there is
actually any association between the Christian faith and the Law, given the
understanding that many have concerning the workings of the law.
To the average man, depending on
whether a particular law is interpreted to suit him or otherwise, the law could
appear just or otherwise unfair. Most Christians would believe that there is no
probable correlation between the Christian faith and the law, as is often times
interpreted to them.
However, the
Bible says that it is God that rules in the Kingdom of men. Daniel 4:32(b) and this is very true.
The purpose of this paper is to
attempt to show us how God, in His infinite wisdom, has made His word to be
basis of the Law, as is known to us today.
THE
CHRISTIAN FAITH AND THE
NIGERIAN
CONSTITUTION
The Nigerian Constitution is referred
to as the “grundnorm” of every other law in the nation. In other words, it is
the body of laws that give validity to every law that exists or will exist.
It is the constitution that gives
power to the government to rule; that provides for the creation of government
i.e. the executive, the legislative and judicial arms of government,
respectively.
It is the constitution that states
that there shall be separation of powers and thus created the 3 arms of
government, as stated above.
It is the constitution that states
that Nigeria
shall be a federation, having 3 levels of government – Federal, State and Local
Governments, respectively – Chapter 1 of the 1999 Constitution.
Every law that is in force and is
contrary to or inconsistent with the provisions of the constitution is invalid
(of no effect) to the extent of it’s inconsistency with the Constitution. It is
from this constitution that every law and procedure used now derives its
legality.
The Bible is the basis of the
constitution.
A parallel of the above can be seen in
the Bible, from the Book of Exodus in Chapter 20:1-17, when the Lord gave the
Ten Commandments to the Israelites. From the opening words in verse 2, the Lord
was declaring Israel
as a nation for Himself, redeemed by Him.
It is pertinent to note, here, that
the 10 commandments appear to be the opening lines of the Constitution that God
gave to Israel.
After these, we see that God did/ordained a separation of powers, from Chapter
28, where He stated that Aaron and his sons should be ordained as priests,
Aaron being the High Priest.
Earlier, in Chapter 18:19-26; the
Lord, through Jethro’s counsel to Moses, had allowed for rulers of thousands,
of hundreds, of fifties and of tens, to be appointed. This can be likened to
the division of the government of the nation to Federal, State and Local,
Governments, with these people being the executive; God, Himself, remained the
Legislator, i.e. the Law-Giver or Maker. The Book of Deuteronomy, in Chapter
16:18, provides for the appointment of Judges. Verse 19 also provides the code
of conduct for judicial officers.
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Example:
(1) In
Section 36(5) of the Constitution, it is provided that a man shall be deemed
innocent until proven guilty. Also, that he shall be given an opportunity to be
heard fairly, in an impartial court, within a reasonable time. Compare with
Exodus 23:1-8; 1st Timothy 5:19; Deut. 17:6- need for evidence of witnesses and
corroboration.
The
above and many other examples show that the Holy Bible is the grundnorm of the
Nigerian Constitution.
THE CHRISTIAN FAITH AND CRIMINAL LAW
Criminal Law refers to that aspect of the law wherein
punishments are prescribed for
Offences
committed by a man, against another or the state.
A basic principle that is prevalent in
the Bible, in the Old Testament, is that when a man commits an offence, it is
not just seen as an offence against one man but against all Israel e.g.
when Phinehas rose up to kill the Hebrew and Moabitish woman with him. In the
same way, it is the Police, representing the state that prosecutes in criminal
matters, on behalf of the offended, who is known as the complainant.
The alleged offender is known as the
accused.
An offence is any act or omission that
is done in violation of any law in force. S.2 of the Criminal Code Cap 38 Laws
of Oyo State 2000.
Ignorance of the law is not an excuse,
except where “knowing” is an element of the offence e.g. S. 427 of the C.C. –
receiving stolen property.
The Criminal Code is the main body of
laws that prescribe what these offences are. The Criminal Procedure Law states
the way and manner in which the court should go about handling such matters.
The Holy Bible is the basis of the
Criminal Code, which can be found in Cap 38, Law of Oyo State, 2000.
The underlying thought in the Code is
that, once it is proved that a person has committed any of the offences stated
therein, he must face the prescribed punishment. These punishments are
sometimes, fines or conviction. The purpose is often to make such person pay
(as a form of restitution) for the wrong done and also, to act as a deterrent
to others who may want to do the same.
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Example:
(1) Section 315(C.C.) – deals with murder.
Compare with Exodus 20:13.
The punishment for a person found
guilty of murder is death. – Exodus 21:12
(2)
Kidnapping – S.364(C.C.) &
Exodus 21:16
(3)
Giving false witness – Exodus 23:1
& Exodus 20:16 viz: S. 192 C.C.
(4)
Taking case of one’s household –
SS.300, 301 & 302 (C.C.) viz 1st Timothy 5:8.
See also Chapter 21 of the Criminal Code.
OTHER ASPECTS OF THE LAW
CIVIL MATTERS
Civil matters are those in which one
party sues another, may be to recover money due or owed, landlord and tenant
matter, enforcement of agreements etc.
The difference between this and the
Criminal aspect is mainly that, there is no imprisonment, if a party is found
liable.
As in criminal matter, the law guiding
most civil matters, clearly reflect the principles that can be found in the
Bible, regarding interpersonal relationship.
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