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THE INTERSECTION BETWEEN CRIMINAL LAW AND THE BIBLE 

 

Abstract 

According to the Bible, crime is defined as a violation of the public trust, a major legal transgression, a 

fundamental weakness or wickedness, and it is considered an offense against either (1) God, (2) man, or (3) both. 
The creator finds it irritating when the creature is hurt. Certain sins, such as adultery, murder, bestiality, 

blasphemy, breach of covenant, bribery, stealing, deceit, false swearing, harlotry, idolatry, incest, and so on, were 

detailed in great detail in the sacred book. This study's goal is to look at these crimes from a biblical perspective, 

as well as how they are handled and how they are related to modern society. The qualitative research methodology 

with the doctrinal approach research design was used for this study. It offers a distinct, methodical approach to 

collecting data from primary and secondary sources. The bible served as the primary source, while periodicals 

and reputable articles served as supplementary sources. The results show that the Bible is the source of all 

forbidden behavior, including what is known as crime. Further research findings showed that while all crimes 

are sins, not all sins in modern society are crimes. While guilty people in today's society can avoid justice for a 

variety of reasons, such as careless prosecution, subpar investigation techniques, flaws in the legal system, etc., 

those in violation of God's law are unable to evade judgment since God's conscience is still the last arbiter. No 

hypocrite (offender) can evade the Almighty God's justice and judgment. In conclusion, man suffered greatly from 
his inability to observe social and divine prohibitions after his fall in the Garden of Eden. He is a persistent 

transgressor because he is incapable of resisting the need to commit sin or other crimes. Consequently, the 

suggested course of action is for fallen man to acknowledge his shortcomings and accept Christ, whom God 

predestined for the intended salvation of humanity. After receiving Christ and having his mind refreshed to live a 

decent life, he is unable to willfully break the law, whether it be set by society or God, because God's presence is 

always present to guide people away from all wrongdoing. When the people in the above-envisioned society follow 

the above principles, there won't be any crime and there won't be any empty jails. 

 

Keywords: Criminal Law, Bible, Offence, Sin, Penalty 

 

1. Introduction 
Crime and how it is dealt with have always been major issues for human communities. A complex interaction of 

moral, legal, and spiritual principles shapes how societies view, categorize, and react to transgressions of laws 

and social norms. This study's main goal is to investigate these complex dynamics by looking at how crime was 

perceived and justice was carried out in ancient Israel from a biblical perspective. It also makes comparisons to 

contemporary parliamentary-based criminal justice systems. We must identify their fundamental distinctions in 

this work in order to further elucidate the distinction between sin and crime in modern society. Crime is the 

breaking of social norms or laws, which may have legal repercussions enforced by the state. Legal systems often 

define crime as an offense, which can include a broad range of behaviors from infractions to major felonies that 

are illegal and subject to punishment.  On the other hand, sin is frequently a religious or moral term connected to 

deeds deemed improper or immoral by a specific belief system. It is viewed as a transgression of moral or heavenly 

norms with moral or spiritual repercussions. It is crucial to remember that while some behaviors may be seen as 

both crimes and sins, not all crimes are viewed as sins by all belief systems, and not all sins are necessarily crimes. 
Adultery is considered one of the worst sins in the Bible, but it is not illegal in Nigeria's southern regions—only 

in the north. This is the case since the commission of the offense involves the soul, the spirit, and the body. Many 

examples of crimes including adultery, murder, blasphemy, and other transgressions are found throughout the 

Bible. These narratives shed light on the reasons behind the criminalization of these actions as well as the penalties 

associated with them. Israel is a historical case in point since it was the first country to receive divine instructions 

containing criminal prohibitions and penalties. Thus, it becomes imperative to look into whether contemporary 

societies and their historical counterparts have comparable approaches to handling criminal cases. God always 

intended for man to return to himself, beginning with the fall of humanity in the Garden of Eden, which gave rise 

to an innate desire to transgress social and divine laws, and ending with the advent of the second Adam, or Jesus 

Christ. God made a promise to humanity through his prophet even in the Old Testament: he will remove the heart 

of stone and implant his law in people's hearts, giving them the heart of love. With the arrival of Christ, God was 
finally able to do this and signaled the beginning of the process of redeeming humanity. Recognizing one's 

shortcomings and accepting Christ as the chosen Savior is the first step toward a man free from crime. This can 

                                                             
 By Dorcas A. ODUNAIKE, LLB, BL, LLM, MPhil, PhD, Professor of Law, Babcock School of Law and Security Studies, 

Nigeria, Email: odunaiked@babcock.edu.ng, Tel: 234-8028446155; 
*Theodore DICKSON, BL, MSc, PhD, Department of Religious Studies, Babcock University, Illishan-Remo, Ogun State, 
Nigeria, Email: successfultheo2000@gmail.com, Tel: 234-8037901980 

*Monday Onyekachi UBANI, SAN, LLB, LLM, BL, PhD (in view), Legal Practitioner, Managing Partner, Ubani & Co, 
Email: ubangwa@gmail.com, Tel: 234-8033019746; and 

*Oluwadamilare ADEYEMI, PhD (in view), LLM (Ibadan), BL, LLB (OAU), Lecturer, Faculty of Law, Adeleke 
University, Ede, Osun State, Email: adeyemioluwadamilarelaw@gmail.com, Tel: 09037298408, 08054932801 

mailto:odunaiked@babcock.edu.ng
mailto:successfultheo2000@gmail.com
mailto:ubangwa@gmail.com
mailto:adeyemioluwadamilarelaw@gmail.com


 African Customary and Religious Law Review (ACARELAR) 5 (2024) 

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result in moral behavior and counsel against immorality. There's a chance that if society adopts these ideas, crime 

rates may decline. 

 

2. The Bible as a Historical and Ethical Foundation for Legal Principles 
The Bible has a deep and complex role as the ethical and historical basis for legal concepts. In terms of history, 

the Bible offers insight into the judicial and legal procedures of earlier societies, which is helpful in establishing 

the background against which legal systems originated. It acts as a historical account of the methods used by 

prehistoric societies to address questions of punishment, justice, and government. The laws and stories included 

in the Bible shed light on how ancient cultures approached moral and legal issues, as well as the evolution of legal 

standards and principles over time.1 

 

In terms of ethics, the Bible is often regarded as a source of moral instruction and standards that have shaped legal 

doctrines over time. Many legal systems are based on core ethical precepts that have been formed by the teachings 

of the Bible, especially the Ten Commandments found in the Old Testament. The principles of justice, equity, 

integrity, and regard for human life are fundamental to both biblical ethics and contemporary legal theory. The 
moral compass of legal practitioners and the guiding principles of the legal system are still shaped by the ethical 

framework that the Bible provides.2 The Bible's status as a court and a lawgiver further emphasizes how applicable 

legal principles are to it. The significance of impartiality and fairness in legal proceedings is emphasized by 

biblical tales of virtuous and righteous judges, such as the well-known ruling of King Solomon.3 These stories 

highlight the enduring necessity for morally sound people to enforce the law and administer justice. The idea that 

legislators are essential in forming legal systems that are grounded in moral and ethical principles has its roots in 

the biblical narrative of individuals such as Moses, the man who gave the Ten Commandments.4 

 

Furthermore, one further way that the Bible relates to legal ideas is through its emphasis on social justice. The 

Bible promotes treating underprivileged people fairly and compassionately, especially widows, orphans, and 

strangers. These social justice tenets have shaped legislation meant to safeguard marginalized groups and 

guarantee fair treatment in communities. Human rights and social justice laws continue to be influenced by the 
biblical responsibility to care for the least fortunate and advance social equity. The Bible's ethical precepts, 

emphasis on social justice, historical insights, and representation of just judges all contribute to its continuing 

significance as a source for legal concepts. Beyond the pages of scripture, it has an impact on the moral and ethical 

foundations of legal systems as well as the guiding principles that govern the administration of justice in 

communities all over the world. 

 

3. Crime in Contemporary Legal System  
In Hebrew tradition, there are no specific words for crime or criminal wrong. Instead, the same words that are 

used to describe human offenses against others are also used for offenses against God, such as sin and 

transgressions.5 Both religious and non-religious matters are intertwined, and many of the existing criminal laws 

are presented as direct pronouncements from God. This means that all crimes can be seen as offenses against God. 
However, it is important to note that not all sins are considered crimes. While God may punish all sins, the term 

‘crime’ is only used to describe public offenses that were punished by the Israelite society.6 A crime in the modern 

legal system can be described as a public wrong. It is an action or inaction that is prohibited by law and for which 

the state imposes a penalty on its own.7 This implies that an offense against society as a whole, in addition to a 

person, becomes a crime. The rights and obligations of people in their interactions with others are governed by a 

variety of laws in many jurisdictions. Nonetheless, only offenses that cause harm to the public are classified as 

criminal and covered under the main body of criminal law. The legislative body of each jurisdiction decides 

whether an act qualifies as criminal or civil. Acts that caused harm to the community were deemed ‘criminal’ in 

the past, and the people made this judgment. These days, it is the state legislatures' responsibility. There are 

numerous distinctions between crimes and civil wrongs, but the primary one is the label that the legislature assigns 

to them. Put more simply, the legislature decides where to draw the extremely thin line between crimes and civil 

wrongs based on what the public is willing to accept.8. 
 

                                                             
1Art Lindsley Moral Law and the Ten Commandments https://tifwe.org/resource/moral-law-and-the-ten-commandments/ 
accessed on 03/11/2023. 
2Our Judge, Lawgiver, and King https://www.theologyofwork.org/the-high-calling/our-judge-lawgiver-and-king/ accessed 
03/11/2023. 
3 See 1Kings 3: 16-28. 
4 See Exodus 20 1-26. 
5 Falk, Zeʾev Wilhelm, Hebrew Law in Biblical Times: An Introduction. (2001) 2d ed. Provo, Utah, and Winona Lake, Ind. 
6https://www.encyclopedia.com/environment/encyclopedias-almanacs-transcripts-and-maps/israelite-law-criminal-law> 
accessed 08/11/2023 
7 Neil C. Chamelin and Andrew Thomas, Essentials of Criminal Law (2009) 10 Ed. 3, Pearson Education, Inc. 
8 Ibid  

https://tifwe.org/resource/moral-law-and-the-ten-commandments/
https://www.theologyofwork.org/the-high-calling/our-judge-lawgiver-and-king/
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Criminal law is the aggregate term for the body of legislation that establishes criminal offenses, governs arrest, 

charges, and offender trials. It entails deciding on treatment plans and imposing penalties on convicted criminals. 

It serves as a mechanism in organized society to safeguard the survival of the collective and safeguard individual 

interests. It is recognized as the moral principles established by the family, the workplace, and religion, as well as 
the laws that support sanctions and the norms governing civil life that are upheld by law enforcement.9 Criminal 

law has two primary functions. Its primary goal is to control and direct human behavior. In the event that this goal 

is not met, the criminal code seeks to deal with disorderly conduct by punishing lawbreakers. There are three 

possible outcomes for punishment under the criminal justice system: fines, incarceration, or death. The main topic 

of discussion in our society's contentious social issues debates is the effectiveness, downsides, and effects of 

incarceration and the death penalty.10 

 

4. Criminal Justice Administration in the Bible and the Principle of Natural Justice 

 

Adam and Eve 

Genesis 3 describes how human sin and wickedness, which were under Eden's rule, caused paradise to be 
destroyed. Despite having plenty of chances to eat and enjoy everything that God had provided in the garden, 

Adam and Eve committed a grave betrayal of trust. Sadly, the couple was implicated by the fruit that the serpent 

tricked them into eating from the tree in the middle of the garden. Because of their avarice and naive desire to 

resemble God, they defied their creator. After eating the forbidden fruit, Adam and Even were tried for multiple 

crimes of criminal breach of trust and stealing. The punishment for that offense was already outlined in Genesis 

Chapter 2 verse 17, where God said: ‘but of the tree of the knowledge of good and evil you shall not eat, for in 

the day that you eat of it, you shall die.’ Despite not having legal representation, they received a fair trial that 

adhered to the audi alterem partem concept. Following the impartial trial, the sentence was soon announced. The 

man is relegated to an accursed land where he must labor and sweat in order to survive, while the woman suffers 

during childbirth and for her generations. 11. Ultimately, they were banished from Eden's Garden, and the death 

penalty—the harshest penalty for their transgression—was postponed until a later time. The biblical idea of the 

original offense/crime holds that all of mankind bears Adam's guilt and that the only way to wash away the stain 
of Adam's transgression is through the death and resurrection of Jesus Christ. The Almighty God, who served as 

the accuser, the prosecutor, and the judge in the Garden of Eden judicial process, upheld the contemporary concept 

of due process. The charge of violating the principle that ‘nobody should be a judge in his case’ (nemo judex in 

causa sua) would have been widespread in today's culture. One could argue that since God is the ultimate judge 

of the Supreme Court and is impervious to error or bias, the rule cannot apply to Him because of His infinite 

holiness, justice, and righteousness. These two foundations of justice were ingrained in Israeli residents' daily 

interactions with one another when the country was founded with human institutions and a government. All rules 

and warnings placed a strong emphasis on treating citizens fairly and with integrity. Adam and Eve were supposed 

to suffer the repercussions of their deliberate wrongdoing when they were driven out of the Garden of Eden. This 

was the first sign of the world's decline and hence the decline of man.  

 

Cain and Abel 

Ultimately, they were banished from Eden's Garden, and the death penalty—the harshest penalty for their 

transgression—was postponed until a later time. The biblical idea of the original offense/crime holds that all of 

mankind bears Adam's guilt and that the only way to wash away the stain of Adam's transgression is through the 

death and resurrection of Jesus Christ. The Almighty God, who served as the accuser, the prosecutor, and the 

judge in the Garden of Eden judicial process, upheld the contemporary concept of due process. The charge of 

violating the principle that ‘nobody should be a judge in his case’ (nemo judex in causa sua) would have been 

widespread in today's culture. One could argue that since God is the ultimate judge of the Supreme Court and is 

impervious to error or bias, the rule cannot apply to Him because of His infinite holiness, justice, and 

righteousness. These two foundations of justice were ingrained in Israeli residents' daily interactions with one 

another when the country was founded with human institutions and a government. All rules and warnings placed 

a strong emphasis on treating citizens fairly and with integrity. Adam and Eve were supposed to suffer the 
repercussions of their deliberate wrongdoing when they were driven out of the Garden of Eden. This was the first 

sign of the world's decline and hence the decline of man.  

 

King Solomon and the Maternity Test 

In the instance of the two ladies battling for custody of a child, King Solomon's wisdom was evident. Before 

determining which, the right mother was, Solomon took the time to listen to each of them individually. The events 

surrounding this child stealing episode and the prudent decision made on the problem are recorded in 1 Kings 

3:16-28. 

                                                             
9 Ese Malemi, Nigerian Legal System (2012) 3, Princeton Publishing Co.   
10 Neil C. Chamelin and Andrew Thomas, Essentials of Criminal Law (2009) 10 Ed. 3, Pearson Education, Inc. 
11 Britannica, T. Editors of Encyclopaedia (2023,). Fall of Man. Encyclopedia Britannica. https://www.britannica.com/ 
topic/Fall-of-Man 



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5. Categorization and Penalty for Crimes in the Bible 

The Bible provides a unique and ancient perspective on various crimes and their administration within specific 

jurisdictions. These crimes, as outlined in the scriptures, encompass a wide range of offenses that were viewed as 
transgressions against both God and society. The Bible offered specific prohibitions and prescribed penalties for 

these transgressions, laying the foundation for an early form of legal and moral governance. 

Here are some categorization and penalty for crimes/criminal wrongs in the Bible 

 

Murder, Homicide and Manslaughter 

The Ten Commandments contain one of the most well-known lists of prohibitions: ‘You shall not murder’12, 

which is a basic ban against taking another person's life. This commandment embodies a fundamental moral 

precept that forms the basis of legal systems in many nations. In the Bible, unintentional manslaughter13 were 

protected by towns of refuge, but revenge was also a common aspect of the court system for murder. Murder was 

typically punishable by death.14The majority of the time, the victim's family or supporters took revenge15in cases 

of unlawful retribution. Sometimes, public indignation could lead to neighborhood actions against the murderer16. 
In general, biblical law views murder as a public, not a private, offense, which is why it is highly banned in 

Leviticus 24:21 and Numbers 35:31–34 (Leviticus 24:18) to provide compensation in cases of murder. Thoughts 

of the custom can be found in 1 Kings 20:39 and 2 Samuel 21:1-4. There is proof that restitution was provided for 

several additional crimes for which the death penalty was recommended. The biblical approach to murder 

vacillates between the domains of public and private law. The victim's friends and family members were still 

entitled to take legal action; society permitted them to kill the perpetrator or get financial settlements for the loss 

of a loved one. However, their decision was based on whether the victim's death was the result of murder, 

involuntary manslaughter, or negligent homicide; the victim's status as a free or unfree person also had to be taken 

into account. The relatives of the victim might legitimately kill the man who committed involuntary manslaughter, 

but the civil authorities could step in and provide the manslayer shelter, which is a kind of exile, in a ‘city of 

refuge’17 

 

Crimes against King, Parents, and Civil Authorities 

According to biblical accounts, the king executed people for a variety of offenses, including treason18, cursing 

God or the king19; ‘treasonous’ prophecies against the state20, and witchcraft.21 The king's warriors carried out 

these executions; occasionally, large-scale practices like stoning were used in place of public trials before the 

actions. Sometimes, ‘treasonous’ prophesy was considered a low-level offense and punished with detention, 

whippings, or banishment 22There was an expressed obligation to submit to civil and parental authority. According 

to Dt. 17:8–13 and Jos. 1:18, the death sentence was mandated for individuals who revolted against the ruler and 

the judges. Similar laws apply to hitting a parent23, cursing a parent24, and disobeying orders from your parents.25 

 

Sexual Offenses 
The death penalty was also prescribed for a variety of sexual offenses:  

 Adultery, 26Adultery is another crime outlined in the Bible, is seen as a breach of the marital covenant, 

harming both the individuals involved and the social fabric of the community. The administration of 

justice for adultery included various forms of punishment, such as stoning, reflecting the seriousness 

with which it was viewed. 

 Sexual relations of a man with his father's or son's wife 27or with his mother or daughter,28 

 Rape of a married or even a betrothed woman29,  

                                                             
12 See Exodus 20:13 
13https://www.encyclopedia.com/environment/encyclopedias-almanacs-transcripts-and-maps/israelite-law-criminal-law 
accessed 08/11/2023 
14 See Gen. 9:6 and Exo. 21:14. 
15 See Gen. 4:11–15, 2 Sam. 14:4–11; see also 2 Sam. 3:26–30, 1 Kgs. 2:5–6 
16 See Exo. 21:14; Dt. 19:11–12; Judges. 20:12–13; Ez. 16:38–41, 23:45–49 
17 See Exo. 21:12–13, Num. 35:1–34, Dt. 19:1–13. 
18 See 1 Samuel 22:13–19; 1 Kgs. 1:50–53, 2:23–24 
19 See 2 Samuel 19:21–23; 1 Kgs. 2:46, 21:9–16, see also Exo. 22:28, Levi 24:10–16), 
20 See Jer. 26:8–24, 2 Chr. 24:19–21) 
21 See1 Samuel 28:9–10). 
22 See 1 Kgs. 22:13–27; Jer. 20:2, 32:2–3; Am. 7:9–13. 
23 See Ex. 21:15 
24 See Ex. 21:17, Lev. 20:9 
25 See Dt. 21:18–21. 
26 See Gen. 20:3, 38:24; Dt. 22:22–24) 
27 See Lv. 20:11–12. 
28 See Lv. 20:14, 
29 See Dt. 22:25–27 

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 Bestiality30,  

 Male homosexuality31, and  

 Prostitution engaged in by the daughter of a priest 32 

 

Idolatry 

The lengthy battle against idolatry and polytheism, which culminated at the collapse of the monarchy, is reflected 

in the biblical laws. As well as for encouraging idolatry in others, the death sentence is mandated for a number of 

idolatrous acts33.A city and its animals are sentenced to death in Deuteronomy 13:12–18; all other assets and 

goods are regarded as ḥerem, or to be offered to God and destroyed by fire34.35 

 

Theft 

Even more than the response to homicide, the responses to theft hover between public and private law. Kidnapping 

and sale of a person was punished by death (Ex. 21:16, Dt. 24:7), but the theft of animals was settled by 

compensation (MT Ex. 21:37, 22:3). There are, nevertheless, hints of capital punishment in the outbursts of King 

David in 2 Samuel 12:5–6 (1 Sm. 26:16) and of Jacob in Genesis 31:32. A thief caught stealing during the day 
was not to be killed, but a thief caught in the night could be slain without penalty (Ex. 22:2). This same distinction, 

between daytime and nocturnal theft, also appears in the Babylonian laws. The taking of property belonging to 

God (ḥerem) was punished by death (Jos. 7:1, 7:18–26).36 

 

Multiple Penalties 
In situations when there was a criminal penalty in addition to compensation being paid, one actually comes into 

contact with the blending of private and public interests. Two forms of punishment were meted out to the man 

who falsely accused his betrothed wife of adultery: first, the man was beaten, and second, the woman's father was 

given financial recompense (Duet. 22:13–19). It appears that agreements established in civil or private disputes 

could also include the addition of beating as a criminal penalty (Duet. 25:1-3). From a biblical standpoint, In the 

biblical perspective, crimes were not only seen as offenses against individuals but also as transgressions against 
God.  Because of the significance that divine forgiveness and judgment played in dealing with these sins, the 

religious dimension brought a distinctive aspect to the administration of justice. Since Israel was the first people 

to receive God's instructions, it incorporated these biblical ideas into its moral and legal system. The legal system 

in ancient Israel was intricately linked to faith and ethics because the administration of justice was intimately 

related to moral and religious precepts. While the biblical perspective on crimes and how they are handled in 

particular jurisdictions provide insightful historical context for the evolution of moral and legal norms, it is 

important to acknowledge that these long-standing customs have changed over time. The concepts and procedures 

of modern legal systems are influenced by a variety of sources, such as historical and religious writings. Because 

of the Bible's continuing influence on human civilization, scholars continue to research and argue its impact on 

the moral and legal aspects of contemporary civilizations 

 

Categorization of offences against God and Kings and punishments by them in the Bible. 
In the Bible, disobedience to divine commands, idolatry, and blasphemy are examples of spiritual offenses against 

God. Depending on the circumstances and seriousness of the offense, punishments for these crimes ranged from 

natural calamities or plagues to banishment or death. Death and banishment from the Garden of Eden were the 

punishments prescribed for Adam and Eve.37 In the case of Cain, he was made a wanderer by the sentence of God.  

Regarding the Kings, offences could include rebellion, disrespect or disobedience. Punishment for these offences 

could also range from exile to execution, depending on the gravity of the offence and the specific circumstances 

outlined in the scriptures. In the case of Absalom, he rebelled against his father and he was killed.38 

 

6. Administration of Criminal Law and Justice in Nigeria 

The administration of criminal justice in Nigeria and Common Law both prioritizes providing a fair, just, and 

prompt decision of guilt or innocence for those who are accused of committing crimes. Following a trial, the court 
has the power to render a decision and sentence the found guilty party to a fine, jail time, or other types of 

punishment. As previously mentioned, the main goal of criminal law is to forbid and stop actions that seriously 

endanger people or the general public. Karibi-White JSC asserts that the primary goal of criminal law is to punish 

antisocial behavior in order to suppress it. In many jurisdictions, victim compensation is not granted under 

                                                             
30 See Ex. 22:19, Lv. 20:15–16 
31 See Lv. 20:13 
32 See Lv. 21:9. 
33 See Lv. 20:2–5, Dt. 17:2–7) (Dt. 13:1–5, 13:6–11, 18:20–22, Exodus 32:27 
34 See Ex. 22:20 
35 Ibid 
36 Ibid 
37 NKJV, Genesis 3 vs 17 – 23  
38 NKJV, 2 Samuel 15: 31-35  

https://www.encyclopedia.com/social-sciences-and-law/law/crime-and-law-enforcement/capital-punishment


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criminal law, in contrast to civil law. Its primary goals are to identify, prosecute, and punish actions and inactions 

that fall under the criminal definition.39 However, criminal justice safeguards citizens' rights and guarantees a 

speedy, fair, and accurate decision of guilt or innocence. The objective is to develop a just and efficient penal 

system for individuals proven guilty. The primary objectives of the entire criminal justice system are to seek 
vengeance through State-mandated punishment, make amends, and deter. It is widely acknowledged that the goals 

of criminal law are to protect society and its members and to make those who commit crimes answerable for their 

deeds. Furthermore, it's a common misconception that the purpose of punishment for crimes is to show the strength 

of the law and deter future offenders. Essentially, the goal of the criminal justice system is to improve community 

safety by locating and dealing with potentially hazardous people or organizations, whether they are businesses or 

private citizens. An important feature of criminal proceedings is the burden of proof as criminal procedures, the 

prosecution must prove their case beyond a reasonable doubt, as contrast to civil trials where a claimant just needs 

to demonstrate their case based on a balance of probability. As a result, if a court finds a defendant guilty and 

condemns them, the defendant is then sentenced to an appropriate degree of punishment. 

 

7. Comparative Analysis of Criminal law in the Bible with Modern Legal Systems 
There are similarities and differences between the categories used by the Bible to classify crimes and the categories 

used by modern legal systems. The Bible is a fundamental religious source that classifies crimes mostly according 

to moral principles and divine commandments. It clearly forbids basic crimes like stealing and murder. Modern 

legal systems, on the other hand, are usually secular and include a broader range of crimes, including those that 

are unique to the complexity of today's world. They categorize crimes and choose suitable penalties based on 

extensive legal laws.40 The classifications found in the Bible are mostly religious in nature, while modern legal 

systems cover a wider range of social activities. These systems cover a wide range of topics outside the purview 

of religious literature by precisely categorizing offenses. The precision of contemporary legal codes allows for 

the classification of crimes that may not have been anticipated in biblical times, such as cybercrimes, 

environmental infractions, and intellectual property infringements, in order to accommodate the complexity of 

contemporary society.41 The penalties outlined in the Bible for crimes frequently have a retributive bent and may 

not necessarily be consistent with the values of due process, individual rights, and rehabilitation that are prioritized 
in modern legal systems. Modern legal systems, on the other hand, place a higher priority on procedural justice 

and fairness, guaranteeing that those who are accused of crimes have the right to a proper trial, legal counsel, and 

appropriate punishments. This difference highlights how legal systems have changed over time, moving from 

retributive justice to one that is more rights-based and rehabilitative. The flexibility of modern legal systems to 

societal and technical developments is another important distinction. Legal systems must change to handle new 

types of crimes as society develops and new problems arise. For example, concerns about digital technology, 

environmental preservation, and intellectual property rights are crucial factors for contemporary legal 

classifications, even though the Bible did not foresee these particular difficulties. However, there is still a basic 

moral and ethical correspondence between the legal systems of today and the biblical classifications of crimes 

like stealing, murder, and lying on one's witness. These universally acknowledged values show how important it 

is to protect people, things, and the truth. This area of agreement demonstrates how biblical ethics, regardless of 
one's religion or cultural background, continues to shape contemporary moral and legal philosophy. 

 

While the Bible and modern legal systems categorize crimes in ways that are both similar to and different from 

one another, they represent different methods that are based on moral and religious principles as opposed to secular 

legal structures. Modern legal systems are complex, secular, and flexible to the demands of the modern world; in 

contrast, the Bible's classifications are simple and founded upon divine principles. Notwithstanding these 

differences, biblical ethics continues to influence modern legal and moral philosophy because of the common 

ethical principles of protecting life, property, and truth.42 

 

8. Legal Procedure and Justice Administration in the Bible  

Biblical narratives provide insights into legal procedures and principles that emphasize the importance of 

witnesses, testimony, and evidence. Below are the key elements of legal procedure and justice from biblical 
perspectives. 

 

                                                             
39Udosen Jacob Idem, ‘Sentencing and the Administration of Criminal Justice in Nigeria’ <https://www.researchgate.net/ 
publication/347452115> accessed 09/11/2023 
40Encyclopedia Of The Bible: Crimes And Punishments Crimes and Punishments - Encyclopedia of The Bible - Bible Gateway 
accessed on 3/11/2023. 
41Richard Burditt: The Relevance of Bible to our Modern World. The Relevance of the Bible to our Modern World | Und... 
(understandingthegospel.org) Accessed on 01/11/2023.  
42 Garnett, Richard W., Christianity and the Criminal Law (2020). Routledge Books 368. 

https://www.researchgate.net/%20publication/347452115
https://www.researchgate.net/%20publication/347452115
https://www.biblegateway.com/resources/encyclopedia-of-the-bible/Crimes-Punishments
https://understandingthegospel.org/explore-the-gospel/the-bible/the-relevance-of-the-bible-to-our-modern-world/
https://understandingthegospel.org/explore-the-gospel/the-bible/the-relevance-of-the-bible-to-our-modern-world/


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Role of Witnesses: The Bible frequently underscores the significance of witnesses in legal matters. Deuteronomy 

19:1543 states, ‘One witness is not enough to convict anyone accused of any crime or offense they may have 

committed. A matter must be established by the testimony of two or three witnesses.44 This principle highlights 

the necessity of multiple witnesses to establish the truth and avoid false accusations. 

 

Truthful Testimony: Truthful testimony is a fundamental principle in the Bible. Exodus 20:1645 admonishes, 

‘You shall not give false testimony against your neighbor’.46 This commandment reflects the importance of 

honesty in legal proceedings, emphasizing the integrity of witnesses. 

 

Role of Judges: Biblical narratives often depict judges who were responsible for resolving disputes and 

administering justice. Figures like Moses and King Solomon served as judges, making decisions based on the law 

and testimony.47 These stories highlight the role of judges as impartial arbitrators. 

 

Legal Proceedings and Fairness: In the book of Ruth, the story of Ruth and Boaz provides an example of legal 

proceedings in biblical times. Boaz follows a legal process to secure Ruth's right to glean in his fields and marry 
her, demonstrating the importance of adhering to legal procedures.48 

 

Importance of Oaths: Oaths play a significant role in legal proceedings in the Bible. Witnesses often swore oaths 

to confirm their testimony. For example, in Genesis 24:3-4,49 Abraham's servant took an oath when entrusted with 

a task. Oaths were considered solemn commitments and were expected to be upheld. 

 

Role of Elders: In various instances, the Bible mentions the involvement of elders in legal matters. Elders were 

respected figures who played a role in resolving disputes and making legal decisions. Their presence added 

wisdom and experience to the process.50 

 

Evidence and the Two- or Three-Witness Rule: The Bible's legal principles often required multiple witnesses 

to establish facts and ensure fairness. The two- or three-witness rule is reflected in various legal situations, 
particularly in cases of accusations or disputes (Deuteronomy 19:15; Matthew 18:16).51 Biblical narratives 

illustrate legal procedures and principles that include the necessity of multiple witnesses, the importance of 

truthful testimony, the role of judges and elders, adherence to legal proceedings, the significance of oaths, and the 

application of the two- or three-witness rule. These principles emphasize the pursuit of justice, fairness, and 

honesty in legal matters, providing foundational guidance for both ancient and contemporary legal systems. 

 

9.  Criminal Law Administration under the Old Testament 

The criminal laws found in the Old Testament, provide insight into the legal and moral principles of ancient Israel. 

These laws are primarily documented in the Torah, which includes the books of Exodus, Leviticus, Numbers, and 

Deuteronomy. 52Some key aspects of the historical background of criminal law in Old Testament include: 

 
Mosaic Law: Because the laws in the Bible are credited to Moses, who is said to have received them from God 

on Mount Sinai, they are frequently referred to as Mosaic Law. These laws address many different topics, such as 

morals, criminal acts, and religious customs. 

 

The Ten Commandments: The Ten Commandments, found in the book of Exodus, are a foundational part of 

biblical law and include moral and ethical principles that have influenced legal systems around the world. Some 

of these commandments, such as ‘Thou shalt not kill’ and ‘Thou shalt not steal,’ have direct relevance to 

contemporary criminal law. 

Punishments: The Bible outlines various punishments for criminal offenses. These punishments often included 

restitution, fines, corporal punishment, and, in some cases, the death penalty. The severity of the punishment 

depended on the offense. 

                                                             
43Richard Burditt: The Relevance of Bible to our Modern World. The Relevance of the Bible to our Modern World | Und... 
(understandingthegospel.org) Accessed on 01/11/2023. 
44 Ibid. 
45 Ibid. 
46 Ibid. 
47 See Exodus 18:13-26; 1 Kings 3:16-28 
48 See Ruth 3:1-18. 
49 Ibid. 
50See Exodus 18:21; Deuteronomy 21:18-21. 
51 Ibid. 
52 Garnett, Richard W., Christianity and the Criminal Law (2020). Routledge Books 368. 

https://understandingthegospel.org/explore-the-gospel/the-bible/the-relevance-of-the-bible-to-our-modern-world/
https://understandingthegospel.org/explore-the-gospel/the-bible/the-relevance-of-the-bible-to-our-modern-world/


 African Customary and Religious Law Review (ACARELAR) 5 (2024) 

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Retribution and Restoration: The biblical approach to criminal justice emphasized both retribution and 

restoration. Offenders were required to make restitution to their victims, which aimed at restoring justice and 

making amends. 

Community Responsibility: In biblical times, the community played a significant role in upholding and enforcing 
the law. Elders and leaders often administered justice at the city gates. 

Evolving Interpretations: Over time, interpretations and applications of these laws evolved within Judaism and 

Christianity. Different sects and denominations have varying perspectives on the relevance and application of 

these laws in contemporary society. 

 

It is important to note that the application of these biblical laws in modern legal systems varies widely, and many 

countries have secular legal systems that are not directly based on religious texts. The historical background of 

biblical criminal law provides valuable insights into the development of legal and moral principles in ancient 

times, but it should be understood in its historical and cultural context. 

 

10. Criminal Law Administration under the New Testament  
The New Testament's approach to criminal law mostly addresses issues of morality, faith, and spiritual direction. 

Rather than providing particular criminal rules, the New Testament teaches about personal behavior, forgiveness, 

and love. As long as they do not conflict with their beliefs, Christians are urged to uphold the laws of the state in 

the New Testament. The criminal law and judicial systems of the New Testament were very different from those 

of the Old Testament. For instance, Jesus changed the law in the adulterous woman's account by telling her to go 

and stop sinning, even though the law called for her to be stoned to death. Exodus 21:24, ‘Eye for eye, tooth for 

tooth, hand for hand, foot for foot,’ and Matthew 5:43, ‘You have heard that it hath been said, Thou shalt love thy 

neighbor, and hate thine enemy,’ are two more important examples of how the old and new testament approaches 

criminal justice. Jesus addressed this principle in Matthew 5:38, saying, ‘You have heard that it hath been said, 

An eye for an eye, and a tooth for a tooth:’ but He provided God's interpretation by saying, ‘Mat 5:39 but I say 

unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also.’ 

Jesus said, ‘Love your enemies, bless those who curse you, do good to those who hate you, and pray for those 
who spitefully use and persecute you.’ He also said, ‘If any man will sue thee at the law, and take away thy coat, 

let him have thy cloke also.’ Jesus' reinvention of the criminal justice system under the Old Testament is significant 

because it marked the beginning of an era of love and forgiveness that was cemented after his death. The goal of 

the Bible is to subjugate mankind to a divine state while maintaining that humanity functions according to the 

principles of divinity, which were made abundantly evident in the words of our Lord Jesus and his apostles found 

in the New Testament writings. As a result, ‘love the lord your God, and love your neighbor as yourself’ is how 

our Lord Jesus Christ summarizes the entire law and the prophets. This is a synopsis of the Bible's criminal justice 

system, along with its goals and standards. The 2015 Criminal Justice Act's guiding principles bear similarities to 

the biblical principles of criminal procedure and administration. The Administration of Criminal Justice Act, 

enacted by the Nigerian government in 2015, provides a legal framework that outlines the procedures and rules 

for criminal justice in Nigeria. The framework emphasizes the importance of fair trials, efficient case 
administration, and the preservation of the rights of all parties concerned. The constant emphasis on ideas like 

justice, fairness, mercy, restitution, and rehabilitation that offer moral and ethical direction is comparable to the 

Bible's Principles. It is important to note that justice and fairness are goals shared by the Bible's principles and the 

administration of the criminal act. The application of justice administration in the holy bible supplied fundamental 

moral concepts and direction, even though the ACJA is a modern legal framework designed to enhance the 

criminal justice system in Nigeria.  A fair trial (Section 36(4)), reparations (Section 311), defense of the accused's 

rights (Sections 35 and 36), and expeditious case resolution (Section 396) are just a few of the provisions covered 

by the ACJA 2015. Together, these Sections seek to safeguard the rights of Defendants, assure equitable treatment 

for them, facilitate the process of restitution, and speed up the conclusion of criminal cases in the Nigerian judicial 

system.  In contrast, there are real-world instances when the ideas articulated in modern legal systems, such as the 

ACJA, appear to have originated from the way the criminal justice system was implemented in the Bible. Fair 

trial principles are demonstrated in Deuteronomy 19:15–21, where the significance of these principles is 
highlighted by the need for several witnesses to be proven true and by making sure that dishonest witnesses receive 

the same punishment they demanded for the accused. 

 

Exodus 22:1–5 illustrates the concept of restitution, which calls for the return of whatever that was improperly 

taken or stolen. The parable of Job claiming his innocence is relevant to this discussion of rights protection. It 

serves as an example of the idea of defending one's rights and remaining innocent in the face of difficulty. 

Regarding the speedy resolution of issues, there have been situations where disagreements were settled without 

mentioning the law specifically.  For instance, in Acts 6:1–7, the early Christians voiced concerns about the 

equitable distribution of resources. These concerns were promptly handled by designating Deacons to supervise 

the distribution and avert additional strife. These illustrations highlight the biblical precepts of equity, justice, and 

swift dispute settlement. This comparison makes it extremely evident that the holy book is the primary source of 
the legal framework used by our modern legal system, highlighting the holy book's significant influence on it. 



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11. Trial of Jesus and Paul in the Bible 
Jesus was taken into custody at the Garden of Gethsemane following Judas Iscariot's betrayal of him. At his trial 

before the Jewish Council, the Sanhedrin, Jesus was charged with blasphemy for asserting that he was the son of 
God. His trial was in front of his accusers, who had already found him guilty before he had a chance to present 

his case, hence it did not follow a fair trial procedure. But then they brought him before Pontius Pilate, the Roman 

ruler, who, after a clumsy interrogation, declared him innocent but gave him a guilty verdict under duress and sent 

him to be executed. The just processes and procedures in the Jesus trial were abandoned in order to appease the 

demonic expectations of the Jewish nation's rulers, who were alarmed by Jesus's teachings, which placed more 

emphasis on righteousness and holiness than on class and the elitist system. Because they were under threat from 

Christ's teachings, they felt guilty and felt that the only way to get peace of mind and keep their avaricious 

positions was to kill Jesus. Jesus' trial did not adhere in the slightest to the audi alterem partem (let the other party 

be heard) precept. Despite the lack of conclusive evidence, he was found guilty and given the death penalty. The 

judge later washed his hands, indicating that he was facing criticism for rendering the incorrect decision and 

sentencing. Paul’s right to an appeal was upheld, therefore there were some fairness features to his trial. Similar 
to Jesus, he was accused by Jewish leaders. The Roman authorities cleared him this time. A portion of his trial 

took place in Caesarea before Felix, Festus, the Roman Governors, and King Agrippa. He was made fun of, his 

defense was dismissed as fiction, and he was not given a fair trial while he was there. Invoking his right to an 

appeal, Paul—a Roman citizen—asked to be tried before Ceaser in Rome. He was sent to Rome to have his case 

considered by Ceaser when his request was granted. Although there are conflicting accounts of Paul's trial in 

Rome, it seems likely that Paul was put to death during Emperor Nero's autocratic rule.It's important to remember 

that throughout their criminal trials, religious and civic authorities of the day leveled baseless and malicious 

accusations of blasphemy against both Jesus and Paul. Paul received a better and more equitable treatment since 

certain of his rights, particularly the right of appeal, were upheld, whereas Jesus's trials were conducted without 

following any fair method. But ultimately, the harsh trials that befell them both led to their deaths. This implies 

that there have always been injustices committed. It originated in the Bible and is strengthened by the modern 

legal system. In modern culture, unfair criminal trials that result in miscarriages of justice persist despite attempts 
to alter the legislation to remedy some of these shortcomings in criminal procedures, as seen by the trials of Jesus 

and Paul. The author argues that a law devoid of any real sense of justice is meaningless. It is as useless to the 

pater as it is to the writer. 

 

12. Findings  

One of the conclusions is that it is impossible to determine if the ancient Israelites intentionally distinguished 

between civil and criminal law. It is obvious that the distinctions between crimes committed in private and public 

were made differently than in contemporary Western countries. The Bible nevertheless regarded some crimes as 

private torts, including violence (Ex. 21:18–19) and theft (Ex. 21:37, 22:3), which are now considered criminal 

or public offenses. On the other hand, transgressions like adultery (Lv. 20:10; Dt. 22:20–24; Ez. 16:38–41, 23:45–

49), witchcraft (Ex. 22:18, Lv. 20:27, 1 Sm. 28:3), and Sabbath violation (Ex. 31:14–15, 35:2; Nm. 15:32–36), 
which are either private torts or nonactionable in contemporary secular societies, were regarded as serious public 

offenses or crimes in the Bible. The second and most significant finding is that, in contrast to the New Testament's 

perspective on forgiveness and sin, which holds that any crime can be forgiven by God if the perpetrator repents 

of their sin and forsakes their crime (Isaiah 1:18), modern society, which has criminal codes, holds the offender 

accountable for their actions.  Even while there are mitigating factors like plea bargains, which keep the perpetrator 

accountable but result in a shorter sentence, or clemency through the appointment of political officers or the 

sudden release of inmates from jail by chief judges, these are rarely employed unless there are extraordinary 

circumstances. Thirdly, God promises that the rules of God are inscribed in our hearts as part of the New 

Testament or covenant (Jeremiah 31:33). This is preferable to codified laws, which the Bible claims have deadly 

consequences. This suggests that when the people are led by the spirit of God and strictly obey the rules that forbid 

crime or offenses, the society will be free from criminal activity. 

 

13. Conclusion 

After the fall in the Garden of Eden, man's capacity to abide by social and religious norms was severely 

diminished. He is weak to resist the temptation to do wrong, thus he consistently disobeys these regulations. 

Happily, Christ arrived to right the evil that was committed in Eden. Consequently, it is advised that the fallen 

man confess his sins and accept Christ, who was predestined by God to rescue humanity. Through faith in Christ 

and a new outlook on living morally, man will no longer purposefully break social or divine laws. God's spirit 

will lead him and keep him from doing anything wrong. Society will become free of crime and eventually lead to 

empty prisons if it adheres to the aforementioned principles. To put it another way, if a person has a deep 

relationship with the word of God, then that person will live in constant fear of God and not be drawn to sin or 

other transgressions that could harm others or anger God. As a result, when the Spirit of God leads the populace 

and enforces strict adherence to the rules that forbid crime or offenses, society will be free from crime. 
 


