It is usually understood that monastics should uphold the laws of the land. This idea is normally based on the following passage from the Vinaya, found at the beginning of the third Khandhaka on Entering the rainy-season residence:
“Monks, you should comply with the wishes of kings.”
As an aside, whether this actually means that monastics are obliged to abide by the law is open to debate.
In reality it is rare for the law and the Vinaya to clash directly. It is possible to come up with theoretical scenarios, such as the one you are suggesting about military service, but often there turns out to be practical solutions even for these. There was a case, apparently, of a monk who was called up to join the army while he was living with Ajahn Chah. This was at a time when the Vietnam war had repercussions throughout South-Eadt Asia, including Thailand. The monk asked Ajahn Chah what he should do. Ajahn Chah said he should go. The monk asked what would happen if he was asked to shoot anyone. Ajahn Chah said to aim above the head of the person. And apparently he did go to join the army and some time later he returned to monastic life. Issue resolved!
I find it a bit disturbing that a monk should be obliged to join the military, and I do hope this was a exceptional case. In many countries, certain in most of the Western world, this would not happen.
It is quite common, however, especially in traditional Buddhist countries such as Thailand, for the law to regulate the Sangha. In such cases conflict between your duties as a monastic and the law are occasionally quite real. One example is the Thai law that stops monks from ordaining bhikkhunīs. I would say this is in direct opposition to the requirement that monks ordain bhikkhunīs, especially when there is no bhikkhunī-sangha. In cases such as this you really do wonder whether the law has jurisdiction over the bhikkhu-sangha.
In Thailand there are a number of such laws that directly regulate the Sangha. An important aspect of these laws is the creation of a Sangha hierarchy that to some extent overrides the independence of individual monasteries as established by the Vinaya. Again, one may wonder to what extent the Sangha is bound by such laws. Of course it’s complicated, because you don’t want to create unnecessary disharmony in society. Yet I think it is bad for Buddhism if the law contradicts the Vinaya best practice.
It’s an interesting issue you have raised. What do other monastics on this site think of this?
@Sujato, @Vimala, @Dhammanando, @Vimalanyani, @Khemarato.bhikkhu, @Amatabhani, @Akaliko, @Charlotteannun, @Sobhana