Jain law or Jaina law is the modern interpretation of ancient Jain law that consists of rules for adoption, marriage, succession and death prescribed for the followers of

Jainism Jainism ( ), also known as Jain Dharma, is an Indian religion. Jainism traces its spiritual ideas and history through the succession of twenty-four tirthankaras (supreme preachers of ''Dharma''), with the first in the current time cycle bein ...

History

Ancient

Jains regard '' Bharata Chakravartin'' as the first law giver of the present half cycle of time. Jains have their own law books. ''Vardhamana Niti'' and ''Ashana Niti'' by the great Jain teacher

Hemachandra Hemachandra was a 12th century () Indian Jain saint, scholar, poet, mathematician, philosopher, yogi, grammarian, law theorist, historian, lexicographer, rhetorician, logician, and prosodist. Noted as a prodigy by his contemporaries, he gain ...

deals with Jain law. ''Bhadrabahu Samhit'' is also considered an important book on Jaina law.

Modern

In 1916, Barrister Jagomandar Lal Jaini (1881-1927) published a translation of ''Bhadrabahu Samhita'', which went on to form the basis of modern Jain law. The author mentioned the full text of a judgement that he delivered in Civil Original Case No. 6 o f1914, Indore, in which Jain religious and legal scriptures were explicitly quoted and relied upon. It has been suggested that Jain mendicants kept Jain lawbooks away from the British because of the Jain laws of purity. Jain lawgivers had taken great pains to define violence, and were clear that no form of violence was permitted for Jain mendicants. The lawgivers were not so clear on the conduct of Jain laymen, assuming that a violent situation would not arise amongst a community that was numerically small. After the Montagu Declaration in 1917, the Jain Political Association was set up by the same circle of predominantly Digambara Jain intellectuals to create a unitary political representation for the Jains. In due course the society intended, after due search of the śāstric literature, to give a definite shape to Jaina Law. The culmination of this effort was the most prominent book on the subject of Jain law, written by

Champat Rai Jain Champat Rai Jain (6 August 1867–2 June 1942) was a Digambara Jain born in Delhi and who studied and practised law in England. He became an influential Jainism scholar and comparative religion writer between 1910s and 1930s who translated and ...

. In 1955, the Government of India subsumed Jain law under Hindu law, though Jain law continues in unofficial and semi-official fora.

Adoption

In 1927, Madras High Court in Gateppa v. Eramma and others reported in AIR 1927 Madras 228, the court held that in Bhadrabahu Samhita, verse 40 empowers a sonless man or woman to take a boy in adoption. Verse 83 empowers a widow to adopt a boy and make over her property to him. Verse 73 was quoted in the judgement-

Marriage

Jain Agamas mention that there are five types of

marriages Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

Rights of female heirs

The rights of female heir in Jaina law are different from that of Hindu Law. Under the Jaina Law females take the

inheritance Inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. The rules of inheritance differ among societies and have changed over time. Officia ...

absolutely.

Succession

Upon the death of a person without a son, the property is entirely passed on to the widow. The property remains with the widow even if there were to be a son. This is an important difference between Jain law and Hindu law. In Hindu law, the widow does not have the right to the deceased husband's property. In Jainism, there is no privilege accorded to a male heir, and a widow is treated as a preferential heir to her own son.

Twin sons

According to Jain law, in case of twin born sons, the first born or the eldest is entitled for more privileges at the time of partition.

Death

Gallery

Champat_Rai_Jain.jpg,

, author of the modern ''Jaina Law'' The Ratna Karanda Sravakachara.JPG, The Householder's Dharma

Citations

References

External links

* {{Jainism topics Indian family law Legislation in British India Ancient Indian law Legal codes Religious law