Legal system of Sri Lanka The legal system

Legal system of Sri Lanka • “The legal system of SL has often been likened to a many colored mosaic. Laws springing from sources as diverse as England, Arabia, and the Gangetic plain stand side by side jostling for recognition with those taking their origin in Rome, in the Netherlands and in indigenous custom. Probably in no other country of comparable size do so many legal systems exist side by side. ”(C. G. Weeramantry)

Reasons…. . • “Law , like race , is not a pure blooded creature. ” • SL is a multinational multicultural country. • Foreign domination since 1505.

• Roman-Dutch law • English law • Special laws Kandyan law Thesawalamai law Muslim law

Kandyan Law

Application • Hayley maintained that during the time of the Kandyan Kings Kandyan law was a territorial law and not a mere personal law. (Kershaw v. Nicoll (1869 -62) Ramanathan reports 157) • 20 years later, the decision was overruled by a Full Bench of the Supreme Court in the case of Williams v. Robertson (1886) 8 SCC 36 and now is a personal law.

Who is a Kandyan? • All Sinhalese who were settled in the Kandyan Province at the time of the annexation of the Kandyan territory by the British in 1815, and • Their issue as regulated by the Kandyan Succession Ordinance No. 23 of 1917

Sources of Kandyan law • • Works of Sir John D’oyly Simon Sawers’ Digest John Armour’s Grammar of Kandyan Law Nithi Niganduwa The Decisions of the Board of Commissioners Legislation relating to Kandyan law Judicial decisions

Thesawalamai

Application • Thesawalamai applies to Malabar Inhabitants of the Jaffna Province. • Who is a Malabar? • What is the province of Jaffna? • What is inhabitancy?

• It also applies to all the immovable property situated in the Jaffna district irrespective of the nationality or race of the owner of the property. • Accordingly, it can be said that Thesawalamai law consists of two main parts. Namely Personal law Territorial law

Sources of Thesawalamai • Thesawalamai Code of 1707 • Legislation • Customs

Muslim Law

Application • Only pure personal law in Sri Lanka.

• According to Article 14. (1)(e) Every citizen is entitled to the freedom to manifest his religion or belief in worship, observance, practice and teaching. Therefore, a person can become a Muslim through conversion. • However, the conversion to Islam needs compliance with little formality i. e. whether the person converted to Islam for a special privilege or with a fraudulent objective is considered. • AG V. REID • N. Abeysundara v. C. Abeysundara

Sources Of Muslim Law in Sl • • • The Mohammadan Code of 1806 Statutes Local custom General principles of Muslim Law Judicial decisions