Myanmar Customary Law is the customary law of Myanmar Buddhists that has gradually come to govern family matters and religious institutions. The key sources of Myanmar Customary Law are Dhammathats (treatises that reflect social customs), custom, judicial precedents, and legislation. The Dhammathats are principal sources and provide guidance for rulers and judges, though they are not strict legal codes. While the Manugye Dhammathat was once widely cited, Myanmar jurists no longer regard it as the sole authority and will consider other Dhammathats to ascertain current customs.
Myanmar Customary Law is the customary law of Myanmar Buddhists that has gradually come to govern family matters and religious institutions. The key sources of Myanmar Customary Law are Dhammathats (treatises that reflect social customs), custom, judicial precedents, and legislation. The Dhammathats are principal sources and provide guidance for rulers and judges, though they are not strict legal codes. While the Manugye Dhammathat was once widely cited, Myanmar jurists no longer regard it as the sole authority and will consider other Dhammathats to ascertain current customs.
Myanmar Customary Law is the customary law of Myanmar Buddhists that has gradually come to govern family matters and religious institutions. The key sources of Myanmar Customary Law are Dhammathats (treatises that reflect social customs), custom, judicial precedents, and legislation. The Dhammathats are principal sources and provide guidance for rulers and judges, though they are not strict legal codes. While the Manugye Dhammathat was once widely cited, Myanmar jurists no longer regard it as the sole authority and will consider other Dhammathats to ascertain current customs.
Myanmar Customary Law is the customary law of Myanmar Buddhists that has gradually come to govern family matters and religious institutions. The key sources of Myanmar Customary Law are Dhammathats (treatises that reflect social customs), custom, judicial precedents, and legislation. The Dhammathats are principal sources and provide guidance for rulers and judges, though they are not strict legal codes. While the Manugye Dhammathat was once widely cited, Myanmar jurists no longer regard it as the sole authority and will consider other Dhammathats to ascertain current customs.
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Myanmar Customary Law is the Customary Law of Myanmar
Buddhists, Customary law gradually came to be confided to affairs of
Myanmar family mainly, and religious usages and institutions. Sources of Myanmar Customary Law are - (1) The Dhammathats (2) Custom (3) Judicial precedents (4) Legislation or the legislative enactments (a) The Registration of Kittima Adoption Act. (b) Myanmar Buddhist Women's Special Marriage Law 2015.
The Dhammathats are "treatise of rules which are in accordance
with custom and usage and referred to in the settlement of disputes relating to person and property". They are a principal source of Myanmar Customary Law. They are not Codes of law in the strict sense. They reflect the social customs of the day, and expound rules of wisdom as guides for kings, ministers and judges to rule by and for the people to live by. The History of the Pitikas, compiled by Mingyi Maha Zeyatu, the royal librarian under the last king of Mandalay, lists 175 treatises, of which the Dhammathats proper are 57, the Phyatthon or Rulings are 82, the Compendia and Digests 10 and the limka or Verse 26. All of those Dhammathas, Manugye is firstly translated by Dr.Richardson in 1847, and the Manugye became ready reference and frequently cited it in the Courts. The Privy Council remarked in a case the Maungye Dhammathat was unambiguous other Dhammathats did not require to be referred to. The Dhammathat was translated by Dr.Richardson in 1847. With the publication of the English Version of the ex-Kinwin Mingyi U Gaung's Digest of Burmese Buddhist Law this unrivalled position of Manugye has become shaky. As Myanmar jurists do not regard Manugye as sacrosanct so that not only Manugye but other Dhammathats deserve to be referred to for ascertaining the present custom of the Burmese Buddhists. The Supreme Court of the Republic of Union of Burma has declared that the Manugye Dhammathat is not paramount authority in the body of Dhammathats are enunciated by the judicial Committee of the Privy Council in "Ma Hnin Bwin vs. U Shwe Gon", and followed by the Rangoon High Court in "Ma Nyun vs. Mg San Thein, 5 Ran .537 (F.B). The Dhammathats contain a record of the customs of the people and rules of conducts; they appeared at varying intervals over a large number of year during which the customs have changed and the rule of law, some falling into desuetude. Any attempt, therefore to construct the Dhammathats" would result in numerous flat contradictions. However, where a question has to be decided by a Court and present custom affords no guide to its solution, and then recourse must necessarily be had to the Dhammathats themselves. Myanmar Customary law which is unconnected with Buddhism is not the law of Dhammathats pure and simple but is the customary law of the Burmese Buddhists, or in other words, it is the body of customs observed by the Burmese Buddhists. Dhammathats form one of the most important sources of information about that body of customs.
