The development of Hindu customary law was the extension and adaption of the Hindu customary law in India. The Hindu customary law in Malaysia was not necessary the same as that in India, thus, local customs were recognized by the court provided that they were not contrary to reasons, justice and general public policy. Contrary to the Chinese customary law, the Hindu customary law did not impose upon the courts in the Strait Settlements and Malay States, the problem of ascertaining its substantive principles. In ascertaining the principle of Hindu customary law, the court could rely on the evidence of experts on the local customs of the Hindu community and the authoritative texts of the 19th century.
Historically, Hindu marriage is inferred from laws translated in the Dharmashastras, which thusly have their roots
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On request, it was held that as the expired was a Hindu and the litigant a Chinese Buddhist the law which legislated the marriage between them was not Hindu law however the law of Malacca in 1943. There was a marriage as indicated by Hindu custom and in spite of the fact that there was an flawed wedding function, Barakbah LP was of the view that, it didn't influence the legitimacy of the marriage as it was performed amid the Japanese Occupation when developments of a single person and also a group were stringently confined. It was additionally held that the assent of the first wife regardless of the fact that it was key for the legitimacy of such marriage could be gathered from the circumstances of the case. This case demonstrates the recognition of Hindu Marriages as per Hindu custom and additionally its significance in guaranteeing the things of the Hindu Marriage function are conformed
There are certain categories of legal tradition that differentiate by country or time. These legal traditions are shared by a certain groups of individuals or whole systems in and of themselves. In other words, you have to understand the legal tradition, and which legal system it is affiliated with, to understand the whole picture of how disputes and conflicts are handled. I think in our modern times, it would be challenging to find one legal system that is without influence from other legal systems (Different Legal Traditions, 2012). Legal traditions tend to incorporate different elements from other cultures and legal systems. Most legal traditions have derived from a common origins, similar institutions, and shared concepts from regarding
Lights, camera, action! The light switches on, and shines brightly in the center of the stage. Two people walk towards it, these are actors that were told to come out at this exact moment by the director. After days of intense rehearsals. The two young actors burst. “We are tired of working for you” the two participants yell towards the director. The director in a surprising manner walks up to the stage, stares down at the performers and laughs. “You are going nowhere; I have your contract and your pay, now back to your positions!” The performers stand and continue their roles with no opinion in the matter. The camera turns off, the shadows of the actors disappear. The common person stands up and is face to face with the director. The director
Marriage existed as a business agreement between a husband and his in-laws, who negotiated it, and between a husband and his wife, who maintained it. The marriage was first arranged bet...
Aboriginal customary law and European law have been at odds since the first years of the European invasion, but only recently has the clash come into the open. Stuart MacMillan of the Aboriginal Resource and Development Services in the Northern Territory says that remote Aboriginal communities there and in Western Australia, South Australia and Queensland see no reason why they should submit to "whitefella law".
Marriage is looked at as a lifelong venture. If a man wants to marry a certain woman he has to ask both his and her parents for their permission. If both parents agree then a priest is told. On the morning of the ceremony the priest prays asking for a sign as to whether a couple should marry or not. To get the sign that he is looking for he holds two roots in his hand. If the roots moved together in his hand then it was okay for a couple to marry. But if the roots did not move or moved together and one died then the marriage would be forbidden. When the roots came together with no problem, the ceremony went on. The priest prayed over the couple and warned them about being unfaithful because if they did then they would go to a “bad place” when they died. Divorce did happen but was a rare occurrence. All that had to be done was the dividing of blankets. Once a couple is married they can focus on having children.
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
The vast majority of the population is Hindu religion and its organization and its operation is based on the centuries-old tradition and intangible principles. Among these traditions and rules, marriage is central because it is the cornerstone of the harmonious development of the Hindu society. Marriage is primarily a union between two same-class families to sustain the economic continuity and maintain the Hindu Society 's balance.
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
Most people in the world derive their religious beliefs and traditions from their parents and peer influences. From a religious point of view, “There are many definitions for the term ‘religion’ in common usage. [Broadly defined], in order to include the greatest number of belief systems: ‘Religion is any specific system of belief about deity, often involving rituals, a code of ethics, and a philosophy of life’” (Robinson, 1996). However, in examining Hinduism, it is difficult to label the practices as a religion. This paper will expound upon the Hindu traditions, taking into account the characteristics of sacred elements, their meaning, and significance.
Religious marriages have a background rich in tradition and symbolism. Often that tradition becomes visible during the marriage ceremony. Each religion will have distinct traditions that take place during the ceremony in order to represent the couple’s mutual respect for religion and religious principles as they apply to the relationship. As early as the 12th Century, Roman Catholic scholar and writers referred to marriage in religion as a sacrament, a sacred ceremony tied to experiencing God's existence. “However, it wasn't until the Council of Trent in 1563 that marriage was officially deemed one of the seven sacraments, says Elizabeth Davies, of the Catholic Bishops' Conference of England and Wales. Following the development of Protestant theology, which did not recognize marriage as a sacrament, the Council felt a need to ...
Early tribal societies had primitive legal systems which were maintained through norms and traditions. They had no written laws, just the norms that had been passed down from person to person throughout hundreds of years. An example is Hammurabi’s code, an eye for an eye. Whatever crime someone commits the same crime shall be committed against that original person, this was the way to solve or punish crimes. A...
Everyone know that Law is a system of rules which are developed in community with a aim to govern a society maintaining, justice, protect individuals and property. There are a lot of countries and they have own set of rules and norms including itself constitutional, criminal, contract, trust, international, tort, administrative and property. During the long time law improving and developing a lot and become more invulnerable and fair. Therefore, in a modern society and most of countries law has become similar with similar legal system. Nowadays there are several general types of legal system in the world and two main most popular of them, which had mostly spread through the world. They
Many of the marriages in India are arranged. While the tradition is becoming less and less popular, parents will often search to find the right partner for their children. It is not just two people getting married,
The custom of the local inhabitant in Malaysia is also considered as unwritten law. Generally, customs related to family law such as divorce, marriage, and inheritance are given legal force by courts in Malaysia. In Sabah and Sarawak, native custom matters applied in land dealings over native customary lands and family matters