Thursday, November 15, 2007

Can I Sue My Fellow Brother in the Court?


In recent years, we hear many disputes among believers (Christians) often turned into litigation. As I reflect on this situation, I see a similarity between what happens today and what happened in the Corinthian church. In reading 1 Corinthians 6: 1-8, we notice that Paul is addressing the issue of one believer dragging another to a pagan court for justice. By dragging, one another to court the Corinthians were intent on winning damages for themselves. Evidently, a business or property dispute was the root of this case in this context. Paul in response to the situation reminded them that they had already lost before the judge gave his verdict. The shame of people who professed to love one another and put the welfare of others before their own suing each other was a defeat in itself. This defeat was far more serious than any damages they may have had to pay. It would be better to suffer the wrong or the cheating than to fight back in such an ‘unchristian way’ (Matt. 5:39-40; 1 Pet. 2:19-24).
What was to the Corinthians’ shame? It was that by going into secular courts to settle their church problems they seemed to be saying that there was no one in their church wise enough to settle these matters. Certainly, they could count on the Holy Spirit to give them the wisdom they needed to do this (cf. John 14:26; 16:13). Clearly, this church did not understand its identity as an eschatological community nor did it demonstrate much concern about its witness to the world.
I feel that Paul’s whole argument here is built upon the Christian love. Christians should be willing to give to one another rather than trying to get from one another. In other words, there should be no going to court with one another at all. Nevertheless, if the Corinthians insisted on going to court, it should be a court of believers in the church, not unbelievers (people professing other faith). Since the Lord will delegate the authority to judge unbelievers to Christians in the future, Paul concluded that we are competent to settle disputes among ourselves now. In the light of future eschatological judgment, any decisions that believers must make in church courts now are relatively trifling. Obviously, some cases involving Christians arguing with one another are more difficult to sort out than some of those involving unbelievers. Paul’s point was that Christians are generally competent to settle disputes between people. After all, we have the help and wisdom of the indwelling Holy Spirit available to us.
In reading the text in its context, I am convinced that Paul is totally against the idea of believers bringing each other to the civil court for justice. It is immaterial what the dispute is all about, let it be property or any other forms of damages, all that Paul is saying here is for the Corinthians to resolve their disputes within the church context.
I believe that this principle is also applicable to our contemporary context. When a believer bring another fellow believer to a civil court to seek for justice, it does not only reflect badly on the Christian image of the two parties, but, it also tarnishes the image of the church as a whole for being incapable of resolving internal disputes and crisis. Our testimony and call as “peacemaker” (Matt 5:9) are also at stake in a litigation process since litigation itself is a legal process that show the failure to attain a peaceful and amicable solution to a dispute.
Therefore, in understanding the consequences, litigation between a Christian and a fellow believer is definitely harmful for both individual and the church as a whole. I strongly feel that some how or rather the Church government has also failed in its duty to uphold justice and to play the mediator’s role in resolving disputes and misunderstanding between two believers. When there is a dispute or some major friction between the members, the church leadership and the Pastor must step up to the occasion to intervene and resolve the matter amicably. This will to certain extent avoid any of the grieve parties from seeking justice elsewhere (civil court in this context).
At the same time, the passage of 1 Corinthians 6: 1-8 should also be taught in our churches that the people will realize that bringing our disputes (between two believers) to a civil courts will not do any good for the body of Christ as a whole. In addition to that, this also disqualifies the church’s vital role and contribution as a channel of God’s peace and love to this fallen world. Therefore, in the light of this passage, every forms of litigation between two believers must be strongly discouraged or rather prohibited. In saying that we must also bear in mind that this passage does not deal with how Christians should respond when pagans (unbelievers) defraud or sues them in a civil court. This may be a more complicated issue, which should be studied base on case by case. However, we should always remind Christians to participate in any form of public litigation only as a last resort – even if the defendant is an unbeliever.

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