Legal System in Sri Lanka
Legal system in sri lanka is based mainly followings legal principals.
They are follows,
Roman Dutch law
English law
Kandyan law
Tesawalamai law
Muslim law
Mukkuvar law
English law
Kandyan law
Tesawalamai law
Muslim law
Mukkuvar law
Sri Lanka in is an example of a country which has different communities of people. This is due to many historical reasons such as invasions & immigrations.
As a professional quantity surveyor we should aware about the legal system in sri lanka because always we are dealing with society.
legal system in sri lanka
Therefore sometimes people may do wrong things. The things are regarding wrong things are influence or affected to the other people. To protect influence in other people by doing wrong things we can follow ethics.
But most of people do not worry about this. Hence this legal system in sri lanka does the important roll to control our self.
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| legal system in sri lanka |
Roman Dutch law
The Dutch came to Sri Lanka in 1656 & ruled many parts of the maritime provinces from 1656 – 1796.That is called as the Roman Dutch Law.Generally applies in Sri Lanka when statutes and indigenous laws do not regulate the issue in question. Roman-Dutch Law represents in Sri Lanka an inherited legal tradition. It has co-existed with several systems of indigenous laws, and the English common law, creating a “distinct legal culture that is described today as a ‘mixed’ civil and common law system.”
In the 18th century, Roman-Dutch law was increasingly used in the south- west and the south. As a consequence, private property (land) rights spread rapidly in these areas, and property transfer were subject Roman-Dutch law. In fact, when the British themselves declared Roman-Dutch law as the common law of Ceylon, Roman-Dutch law assumed even greater importance under the British than it had enjoyed under Dutch rule of Ceylon.
From the beginning Roman Dutch law was applied to the Dutch settlers & their native servants. Likewise that this law applied to the Sinhalese within those areas. During this period they established a system of courts.
Even though the Roman Dutch law was introduced by the Dutch, it was extended by the British. Today Roman Dutch law is called the Common law of Residuary law of Sri Lanka. This means that the Roman Dutch law applies to fill gaps in the personal laws & in all areas that are not regulated by Sri Lankan statues. This is common law of the whole island there are no localities where it is applicable.
The present day application of roman dutch law,
Family law
The law of Delict
The law of contract
Contractual capacity
Law of property
State liabilities
Ownership
Possession
From the beginning Roman Dutch law was applied to the Dutch settlers & their native servants. Likewise that this law applied to the Sinhalese within those areas. During this period they established a system of courts.
legal system in sri lanka
Even though the Roman Dutch law was introduced by the Dutch, it was extended by the British. Today Roman Dutch law is called the Common law of Residuary law of Sri Lanka. This means that the Roman Dutch law applies to fill gaps in the personal laws & in all areas that are not regulated by Sri Lankan statues. This is common law of the whole island there are no localities where it is applicable.
The present day application of roman dutch law,
Family law
The law of Delict
The law of contract
Contractual capacity
Law of property
State liabilities
Ownership
Possession
English law
The coastal areas & other maritime provinces governed by the Dutch were surrendered in 1796 by the Dutch to British. Then those areas became a part of British colony. They introduced the English law. After 1815, this law applied to whole island.The introduction of English law into Sri Lanka has taken place in mainly two ways.
- By statute
- Through the courts
The English law has influenced our legal system significantly. Today we can see English law in the following areas of law in Sri Lanka.
1.Constitutional law
2.Commercial law
Banking law
Law relating to sale of goods
Insurance law
Law of agency
Copy right, patent, Trade mark laws
Co operative law
Law relating to partnership
Insolvency law
Law relating to carriage of goods by sea
Some areas of Law of contract
3. Procedural law
Civil procedure
Criminal procedure
Law of evidence
4. Testamentary action
5. Criminal law
6. Administrative law
7. Income tax law
Kandyan law
Kandyan Law applies to ethnic Sinhalese whose can trace their lineage back to the Kandyan provinces during the period of the Kandyan monarchyin central Sri Lanka. The Kandyan monarchy ceased to exist with the British takeover of central Sri Lanka in 1815.
Kandyan Law does not apply to all Sinhalese who are now resident in the Kandyan provinces; However, Kandyan Law does apply to Kandyan Sinhalese who now do not reside in the Kandyan provinces in central Sri Lanka. Kandyan Law that remains applicable to Kandyan Sinhalese in present day Sri Lanka relates to marriage, divorce,and interstate succession. Kandyan Sinhalese have the option of choosing to marry under the Marriage and Divorce (Kandyan) Act, or the General Marriage Ordinance. Kandyan Sinhalese who chooses to marry under the Kandyan Act will be governed by Kandyan law in matters relating to marriage, divorce and interstate succession by virtue of the Kandyan Law Ordinance, as well as the Kandyan Matrimonialand Inheritance Ordinance.Kandyan law son adoption are also applicable to those who marry under Kandyan Law.
This was applied to Kandyans but not for Muslims or the Tamils domiciled in the Kandyan province as provided for the Kandyan marriage & divorce audience in the provinces where in contained applied to the Kandyan living in the Central Sabaragamuwa, North Central Uwa provinces to Kurunegala District to the certain ares of the Puththalum & Wawnia districts.
Kandian laws were applied in,
Marriages & divorce
Inhabitance of property
Regional laws ( Applied to the inhabitance domiciled in specific areas & laws of persons applied to specific communities of these belonging to the specific region.)
Before 1800 – 1806 Kandyan law was treat as a regional law. It was decided that the Kandyan law was not regional but personal.
Kandian laws were applied in,
Marriages & divorce
Inhabitance of property
Regional laws ( Applied to the inhabitance domiciled in specific areas & laws of persons applied to specific communities of these belonging to the specific region.)
Before 1800 – 1806 Kandyan law was treat as a regional law. It was decided that the Kandyan law was not regional but personal.
Tesawalamai law
The word Tesawalamai means the customs of the land. The customs of the Jaffna Province was codified & applied by the Dutch & British since 1707 & declared as Tesawalamai code in 1806.This law applied only for Tamils who are inhabitants ( No fixed legal meaning ) of the Northern province.Theswalamai Law is based on ancient customs of Jaffna Tamils in Sri Lanka. It applies to Tamilinhabitants of the Jaffna Peninsula in Northern Sri Lanka. This customary and personal law also applies to numerous Jaffna Tamils who no longer live in the Jaffna Peninsula. It is a commonly held belief among many in Sri Lanka that Thesawalamai applies only to Jaffna Tamils who reside in the Jaffna peninsula. The Supreme Court of Sri Lanka, however, ruled in a 1988 case,“Sivagnanalingam v.Suntheralingam” that Thesawalamai is a personal law that applies to Jaffna Tamils wherever they live in the country, and that it applies also to their movable and immovable property, wherever it is situated in the country. The Supreme Court, overturning decisions of the lower courts, held that Thesawalamai would not apply to Jaffna Tamils only if there is “unequivocal evidence of abandonment of in habit an cyin Jaffna.”This Supreme Court ruling suggests that a Jaffna Tamil could live for decadesin another part of the country and not lose “Jaffna inhabitancy” if he or she, for instance, continues to own property in the Jaffna Peninsula, or even visits Jaffna on a some what regular basis. The ruling also indicates that each case must depend on its own facts. The only Thesawalamai laws that are now applicable to Jaffna Tamils relate to property and interstate succession resulting from marriage.
According to “Wood Renton (CJ)” the word inhabitant applies to the person who had acquired & permanent residence in the nature of a domically in Jaffna. Today the entire Northern Province comes under the province of Jaffna. However the Tesawalamai applies to Tamils of the Mannar district & not to the Tamils of Trincomalee or Batticiloa.
Muslim Law
Also called as a Muslim special law. Muslim Special Laws apply to all Muslims in Sri Lanka. When a Muslim marries another Muslim, the bride and the groom do not have the option of getting married under the General Law, unlike in the case of Kandyan Sinhalese. Marriage, divorce and other related issues involving Muslims are governed by the Marriage and Divorce (Muslim) Act, no.13 of 1951.
Issues related to interstate succession and donations, involving Muslims, are dealt with under the Muslim Interstate Succession Ordinance No.10 of 1931, and any subsequent amendments. Under Muslim personal laws, for instance, “Although section 25 (1) (b) of the Muslim Marriage and Divorce Act states that the consent of the bride is essential to a marriage, in reality her presence is not required when the marriage contract is concluded between the father or guardian of the bride, and the groom. The consent of the bride is irrelevant to the conclusion of the marriage contract.
Muslims are divided into two main sects “ Sunnis” & “Shariah”. Sunnis sect is divided into four main schools. One of them is shaffi. It recognized that Sri Lankan Muslims belong to the shafit sect.
Muslims law applies to all Muslims, whether they are so by birth or conversation.
Application of Muslim Law
Marriage/ DivorceBoth parties should be Muslims to marry under this law. There is no recognized minimum age of marriage. A Muslim man can marry 4 wives.
Divorce
Muslim law doesn’t provide any specific grounds for divorce.But the procedure for a man differs from the woman.
Inheritance
The Muslim law recognizes the inheritance rights of a child.
Adoption of children
Even though the traditional Muslim jurisprudence doesn’t recognize the concept of adoption.
Mukkuvar law
Mukkuvar (also Mukkuva) are a social group or caste primarily fishermen's community in India and cultivation of paddy, cattle especially cow and Chenai, cultivating grains and pulse.living in the coastal districts of Kerala and south Tamil Nadu in India and also in Sri Lanka. It is a community that has differing ethnic identities based on the state or country of domicile.However due to the increasing affluence of this community in the recent years, this is no longer a hindrance to their social interaction and mixing with other communities. In Sri Lanka, amongst Sinhalese and Tamil Mukkuvas, it is not generally considered to be derogatory.
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