Personal laws applicable in Sri Lanka
Personal laws apply to people because of their community or origin: Kandyan law, Thesawalamai and Muslim law, mainly in marriage, family and inheritance.
What a personal law is
A personal law follows a person because of the community he or she belongs to, not the place where he or she lives. Sri Lanka recognises three: Kandyan law, Thesawalamai and Muslim law. They deal mainly with marriage, divorce, matrimonial property, adoption and inheritance. In other matters, including most business contracts, everyone is under the general law (Roman-Dutch law and statutes). Thesawalamai is also partly territorial, because some of its rules attach to land in the Northern Province.
The three personal laws
| Point | Kandyan law | Thesawalamai | Muslim law |
|---|---|---|---|
| Applies to | Kandyan Sinhalese, descended from people of the old Kandyan provinces | Tamil inhabitants of the Northern Province (Jaffna) | Muslims, wherever they live in Sri Lanka |
| Origin | Customs of the Kandyan kingdom, preserved by the Kandyan Convention (1815) | Customs of the Jaffna Tamils, collected and codified by the Dutch (1707) | Islamic law, mostly of the Shafi'i school |
| Main areas | Marriage (diga and binna), divorce, inheritance, adoption | Matrimonial property, inheritance, pre-emption of land | Marriage, divorce, intestate succession, gifts and wakfs (religious trusts) |
| Special feature | Kandyans may marry under the Kandyan Marriage and Divorce Act or under the general law | Co-owners and certain other persons have a right of pre-emption when land is sold | Quazi courts hear marriage and divorce matters |
Kandyan law: diga and binna marriage
Later legislation has changed several old Kandyan rules, but the diga and binna distinction is still the classic exam point.
Key Thesawalamai ideas
- Thediathettam: property acquired by a spouse during the marriage, treated as matrimonial property.
- Pre-emption: when land governed by Thesawalamai is sold, co-owners and certain other persons have a right to buy it first.
- Partly territorial: the land rules follow land in the Northern Province, not only the people.
- Codified: the Dutch compiled the customs into the Thesawalamai Code in 1707; later Ordinances amended it.
Why personal laws matter in business
- Succession: a family business may pass on death under the owner's personal law, which affects who owns the shop or shares.
- Land deals: a buyer or bank in Jaffna checks Thesawalamai pre-emption before buying or lending on land.
- Matrimonial property: a spouse's rights may affect a sale or mortgage of family property.
- Family firms: planning ahead (wills, partnership agreements, companies) avoids disputes among heirs.
A bank in Jaffna lending to a family business on the security of land checks whether Thesawalamai applies, because co-owners and certain others may have a right of pre-emption and the spouses' rights over property acquired during marriage may be involved.
Short answer: “What is Thesawalamai?” The customary personal law of the Tamil inhabitants of the Northern Province, codified by the Dutch in 1707, covering matrimonial property, inheritance and pre-emption of land.
Structured question: “Distinguish between diga and binna marriages under Kandyan law.” Diga: bride goes to the husband's home and could lose inheritance rights. Binna: husband lives in the wife's home and she keeps her rights.
Essay: “Discuss the personal laws applicable in Sri Lanka and their relevance to business.” Define personal law; explain Kandyan law, Thesawalamai and Muslim law (who, origin, main areas, special features); then show the impact on succession, land deals and family businesses.
K-T-M: Kandyan (Kandyan Sinhalese, 1815, diga and binna), Thesawalamai (Jaffna Tamils, 1707, pre-emption), Muslim (all Muslims, Quazi courts).