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Buddhist Law

There is no Buddhist text that explicitly lays out laws pertaining to followers of the religion. While there are religious principles derived from the teachings of the Buddha, these are not utilised or viewed as binding laws. Rather, they are presented and understood as moral precepts. The contents of the Vinaya Piṭaka is exclusively devoted to the rules and regulations for the Buddhist monastic community. These are often seen as laws that govern the conduct of monastics. The most serious offences for members of the ����ṅg�� are punishable by disrobing the monastic, thus excluding them from the entire monastic community.

General Ethical Principles

The ethical concept of ��ī���� is often translated as ‘morality’, but has many connotations that go beyond the English concept of this word. It can refer to virtues (e.g. kindness), the activity of those virtues, acting morally or maintaining harmony. ��ī���� is also commonly understood as three of the eight components of the Noble Eightfold Path that relate to moral behaviour (right speech, right action, and right livelihood). Actions are determined as positive or negative depending on the quality of the mental components that accompany the actions, i.e. the kamma the action generates. If the individual’s mind is motivated by wholesome states, the action and result is wholesome; if the mind is motivated by unwholesome states, the action and result is unwholesome.

Moral Precepts

Theravāda Buddhism codifies ethical behaviour in the form of moral precepts. There is no single set of precepts; some Buddhists may voluntarily undertake five, while others may follow extensive lists. The number of precepts a Buddhist commits to depends on their position within the organisational structure and personal choice. However, there are five precepts usually considered to be the bare minimum that any Buddhist should follow, which are:

1. Refrain from killing living creatures
2. Refrain from taking what is not given
3. Refrain from sexual misconduct
4. Refrain from wrong speech (i.e., false speech, divisive speech, harmful speech, and irreverent speech)
5. Refrain from using intoxicants that cloud the mind, such as alcohol

Merit (�ʳ�ññ��)

�ʳ�ññ�� (�������, ���ñ�ⲹ in Sanskrit) refers to the concept of ‘merit’, ‘meritorious action’ or ‘virtue’. It is the primary attribute sought by Buddhists in order to develop better kamma and, thus achieve liberation from rebirth (i.e., enlightenment). Merit can be acquired through three main ways: gift-giving (����Բ�); the observing of moral conduct (��ī����); and the practice of meditation (�����屹������).

Non-violence (Avihiṃsā)

In Buddhism, ��������ṃs�� (usually translated as non-injury, non-killing or non-violence) refers to the concept of not causing harm to other living things. Adherence to the principle of non-violence is thought to generate positive kamma, while defying the principle is believed to bring about negative kamma.

Sexuality, Marriage and Divorce

Sexuality

Sexual and reproductive ethics for lay Buddhists are based on general ethical concepts such as moral precepts, temperance and detachment, as well as the doctrine of kamma. Alongside religious considerations, topics such as family planning (e.g., the use of reproductive technologies) may be influenced by additional factors such as cultural norms and family perceptions. Abortion is considered a breach of the first moral precept, though Buddhists are generally open to the use of birth control. Monogamy is the predominant model of relationships, but there is local variation in marriage and dating customs. Positions on homosexuality vary, with some Buddhists conservative on the matter, while others may be tolerant or supportive.

Sexual Misconduct

Avoidance of sexual misconduct is one of the central moral precepts expected to be observed by all Buddhists. In its broadest sense, sexual misconduct refers to harmful or illegal sexual behaviour. Whether certain sexual activities beyond such scope are considered an act of misconduct for lay Buddhists can vary according to cultural norms. With respect to Theravādin Buddhist monastics, monks and nuns are expected to practice celibacy.

Gendered Interactions

Interactions between lay people and monastics usually differ depending on the gender of the person. Monastics are expected to avoid physical contact with members of the opposite gender. For instance, monks and nuns are expected to avoid contact with those of the opposite gender. As such, in some Theravādin cultures, females generally pass objects through an intermediate male person, or a monk will use a ‘receiving cloth’ to receive an object from a female so that their hands do not touch, for example.

Marriage

Though Buddhism recognises the importance of marriage as a social institution, marriage is usually not understood as a religious concern. Rather, marriage is seen as a matter of secular society in which the partners assume obligations to each other. Monastics do not officiate wedding ceremonies and do not participate as matchmakers. Nonetheless, some newlyweds may visit a local monastery after their wedding to receive a blessing and in some cases perform a simple ceremony with special chants.

Divorce

Generally, Buddhism has no religious objection to divorce. Social and cultural influences play a major role in determining the level of acceptance when it comes to divorce and remarriage.