Abstract
The issue of regulation and separation of churches from politics is a sensitive topic since it not only borders on people’s faith and their freedom of worship but also on the autonomy and independence of churches.
The questions to be addressed are:
- If it’s the State to regulate the Church, then to what extent can it do so without interfering with this freedom?
- Will state-regulation curb the issue on the church’s alliance with politicians?
This research will start by defining church as explained in the Bible quoting some few scriptures, its origin and meaning of politics. It then explores the issue on separation of churches from politics in reference to the research questions mentioned above and concludes by highlighting key reasons why there should be a law regulating the churches. This will be achieved through quoting research articles from English Philosophers like John Locke, Thomas Hobbes among others.
Introduction
1. The Church
“Church” in its original meaning was political in outlook. It’s a translation of the Greek word Ekklesia which means an assembly or called out ones.
The New Testament speaks of the church in a different and broader perspective, for example Colossians 1:24-25. It also speaks about local churches (Galatians 1:1-2), such as the church at Antioch (Acts 13:1) and the church at Corinth (1 Corinth 1:2).
According to the Bible, the Church is not a building but rather is an assembly of all those who place their Faith in Jesus Christ for Salvation.
2. Politics
Politics is a science of governance, a means to setting up a government to govern.
Research Questions
The research seeks to answer these key questions:
i. Will state-regulation of Churches be the solution to curb corruption by politics?
ii. Will state-regulation of churches ensure transparency and accountability by religious leaders?
iii. If it is the State to regulate the Church, then to what extent can it do so without interfering with its freedom?
Hypothesis – Separation of The Church from Politics
Freedom of conscience, religion, belief and opinion is a fundamental right envisaged in the Constitution of Kenya. This freedom has ensured that churches enjoy autonomy as the State does not interfere with the affairs of the Church.
This means that churches have a right to self-governance and to issue regulations to administer them. With such autonomy, the Church in Kenya has played a big role in generating and sustaining public discourse on democracy and change.
Religion remains a great influence, often regulating social life by providing a metaphysical and spiritual system of values to individuals, culture, politics and public policy. Most State functions commence with a word of prayer. Hence, in Kenya, religion and government are closely intertwined as there is some level of cooperation. However, the State does not regulate the activities of the Church and the two are separate.
85% of Kenya’s 54 million population profess a Christian faith. About 11% are Muslims, while Baha’i, Hindu, Buddhism and African traditional religions constitute 2%. People under the age of 35, meanwhile, constitute 79% of the population, making religion a vital element in the lives of Kenyans.
Reasons Against Separation of Churches from Politics
I. Social Responsibility
Given its power, the church has a social responsibility to address political concerns that touch on justice, human rights and a common good. Historically, it supported independence struggles that met the demands of society. Separation could limit the church’s impact for good since church leaders constantly influence politicians toward ethical and moral governance.
II. Influence for Good
Church leaders can promote ethical governance, using their platform to sway politicians positively, as seen in advocacy for constitutional reforms.
III. Care
This entails addressing governmental decisions affecting members. Therefore, the church must step in to provide guidance, especially on issues like human rights and justice.
State-Regulation of the Churches
Regulation of churches by the state entails establishment of guidelines for churches, especially with regard to financial transparency, tax compliance, and discouraging unlawful activity.
In State regulation, the standards are set by law and there are penalties in case of breach.
Thomas Hobbes, in The Leviathan, holds that every person’s self-preservation conflicts with the other person’s. It is this instinct of self-preservation that Aquinas attributes to the need for human laws to which everyone is subject and must abide. Human laws are required so as to promote human virtue and this is done through ‘the discipline of laws’ as described by Aquinas.
Self-interest can motivate one to spread false teachings, and if left unchecked, this results in unaccountable leaders. Furthermore, religious leaders spending Church funds on themselves is not a new trend or a surprise. Thus, the need to have a law that regulates the Church. This will also enhance the art of religious leaders being held accountable for actions that go beyond what is legally acceptable.
On the topic of taxation, Thomas Robbin argues that churches are exempted from taxes so as to promote social welfare activities. Fair taxation can also be a topic of concern as far as regulation of churches is concerned, especially if churches engage in non-religious activities. This will ensure equity in resource distribution. It can therefore be concluded that members of the public have an interest in monitoring that Church funds are not being mismanaged.
Regulation ensures transparency and accountability, addressing youth complaints about millions of monetary funds donated by politicians to Churches.
Conclusion
In conclusion, the issue of the alliance between church leaders and political elites can be settled through a balanced approach. The church should maintain independence from political influence while engaging in societal activities, but with state regulation ensuring transparency and accountability without infringing on religious autonomy and its independence as outlined in the Constitution of Kenya 2010.
Regulation of churches will help prevent harmful practices such as cults, ensure public safety, and maintain public order. This will also aid in establishing a legal framework since the existing one has gaps which do not address some religious activities adequately or provide clear guidelines for religious organizations.
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