TAMILNADU NATIONAL LAW UNIVERSITY

( A State University Established By Act No.9 of 2012)

Navalur Kuttapattu, Srirangam(TK), Tiruchirapalli,6200009,Tamil nadu .

Project on
Custom as a source of law
`

SUBJECT - LEGAL METHODS

SUBMITTED BY
S.Gayathri- BA190021

TABLE OF CONTENT
1. INTRODUCTION

2. ABSTRACT

3.METHODOLOGY
● AIM
● STATEMENT OF PROBLEM
● RESEARCH QUESTION

4. CUSTOMS

5. FUNDAMENTALS OF A CUSTOM

6. CUSTOMS AS LAW

7. CUSTOM AS A SOURCE OF HINDU LAW

8. CUSTOM AS A SOURCE OF CHRISTIAN LAW

9. CUSTOM AS A SOURCE OF ISLAM

10. CONCLUSION
INTRODUCTION
Law is basically a lot of standards and guidelines every individual from the general public is
required to comply.Law and the legal system for all intents and purposes are very important
in every society, which kind of is quite significant. In modern times, no one can actually
imagine a society without rules and without a legal system, which particularly is fairly
significant. Law actually is important not only for a really orderly for all intents and purposes
social life, but also for the very existence of humanity in a actually major way. It particularly
is therefore necessary for everyone to understand the meaning of the law

ABSTRACT
It is since quite a while ago settled customs (principles of network) of a specific spot or
region that the general law sees as a legitimate practice. For instance, the alleged "Law of
Nations" is a standard law. The main aim of this project to study customs converted into law,
customary law based on religions, studied the problem in converting a custom into law.

AIM
The main aim of this project is to
● To study How traditional customs contributes in framing law.
● To study Customs which are converted in to law
● To study Customary law in religions
● To study Cases on customary law

STATEMENT OF PROBLEM
1. In the event that a custom for quite a while has being trailed by the individuals and
made desires, regardless of whether it isn't right , it ought to be acknowledged.
2. customs have not generally been come into power in light of the fact that there was
need or need of them. Numerous a period they have been constrained by the decision
class of society.
3. There are numerous customs which are specialised and muddled that normal
conviction may have never thought of them.

RESEARCH QUESTIONS
1. What are the various sources of law?
2. How custom became law?
3. What are the essential elements of a valid custom?
4. What is the difference between custom and law?
5. How customs play role in religion based law ?
6. Which are the customs changed in to law?
Body of project
Source of law
At the point when we take a gander at current lawful frameworks and dissect them, it very
well may be seen that most lawful frameworks are centered around law. Simultaneously, it is
similarly evident that occasionally traditions assume a noteworthy job in the legitimate
arrangement of a nation. In some legitimate frameworks, court decisions are lawfully official.

It is basic to comprehend the starting points of law so as to have a reliable and full
comprehension of the law. Wellsprings of law mean the sources from which human conduct
starts from law or restricting principles. As it were, from starting points, law is determined.
Legal advisers have various perspectives with regards to the roots and beginnings of law with
regards to the elucidation of law.
1

There are numerous sources from which the law is derived.there are two heads

Essential sources

Indian law's essential sources are: (a) traditions, (b) legitimate points of reference, (gaze
choice) (c) laws, and (d) private law.

Auxiliary sources

Indian law's auxiliary sources are: (an) English law, (customary law, value, shipper law, and
rule law), (b) equity, equity, and great soul.

One of the essential sources is custom.

Customs
customs are the normal arrangement of conduct which is considered as an attribute of life in
a social system.customs are the premise huge number of laws.each network has a particular
qualities ,some are changed into law.Write anything yCustom has been characterised and
opined by different researchers, legal scholars and writers. "The word custom" as
characterised by Sapir, "is utilised to apply to the totality of standards of conduct which are
conveyed by convention and held up in the gathering, as stood out from minor arbitrary
individual exercises of the in is individual." Radin states that "traditions are viewed as routine
methods for direct among social gatherings." 2 While Carter keeps up that, custom is the
"consistency of lead of all people under like circumstances."According to Holland, "custom is
for the most part watched course of direct." 2There are two
Customs without clear restricting commitments

Customs with less significance in the public eye are shrouded in this class

Customs with clear restricting commitments

Customs with more significance in the general public are shrouded in this classification. This
is additionally separated into two kinds
1 https://archive.india.gov.in/citizen/lawnorder.php?id=6
2 https://www.lawnotes.in/Custom
Legitimate customs

Legitimate customs are additionally ordered in to 1. General customs 2. Nearby customs

Regular custom

this venture is chiefly about the laws with are gotten from the traditions rehearsed in our
networks. There are numerous traditions on the planet , there are both negative and positive
traditions. Negative traditions implies sati, child marriage,dowry system,untouchability and
so on and positive traditions are shaking hands and so on. government change positive
traditions in to law and negative traditions are expelled structure the general public.

fundamentals of a customs

This incorporates

Custom must be antiquated

Custom must be uniform

Custom must be sure

Custom must be acknowledged as rights

Custom must be sensible.

3

CUSTOMS AS LAW

Somebody may overlook social traditions, yet there are generally negative social or expert
outcomes to doing as such. An individual who abuses social traditions might be said to be an
animal, or individuals may attempt to maintain a strategic distance from that individual since
their activities and remarks make others awkward. Be that as it may, no legitimate
repercussions pursue damaging social traditions.
As indicated by Austin's hypothesis, customs become law when they are perceived by the
state. In any case, the state doesn't perceive each law, it perceives just those law which as
indicated by it satisfy certain conditions, for example, artefact, sensibility. Just those customs
are perceived by the state which meets a specific degree of general gathering and utility.
Custom is recognised as a significant wellspring of law under the Indian legitimate
framework. Article 13(1)of India's Constitution gives that when the Constitution went into
power, every single past law that were conflicting with the Constitution were viewed as void.
India'S Constitution additionally gives assurance of ancestral indigenous networks and their
customs through Articles 244,244-A,371-A,and the fifth and 6th timetables. the fifth and 6th
3 https://www.academia.edu/32441225/Custom_As_A_Source_Of_Hindu_Law?auto=downloadW
timetables accommodate an arrangement of "booked Areas" or inborn districts, which are
intended to secure the interests of recorded indigenous networks or "scheduled tribes".the
fifth calendar accommodates the organisation of booked zones and scheduled clans in the
states outside the northeastern regions of India. the 6th calendar contains arrangements for the
organisation of ancestral regions in the northeastern conditions of India and awards clans
impressive managerial autonomy,endowing each provincial regulatory unit with its very own
territorial gathering, and each region level unit with neighbourhood region committees. Self-
ruling committees are contributed with both executive and administrative powers, subject to
the endorsement of the commonplace governor,to "make laws as for an assortment of
subjects and even exercise legal authority through conventional legitimate frameworks
implanted with specific highlights of bureaucratic law.under the fifth schedule,on the other
hand, innate undertakings are regulated by the common government. it was distinctly with the
order of the panchayat (augmentation to booked Areas)Act, 1996 that innate networks were
conceded a restricted degree of nearby administration at the town level and that specific
"political authoritative and financial forces" were regressed to neighborhood town gatherings
or panchayat.
the weight of demonstrating a custom is on the individual who asserts it. normally, traditions
are demonstrated by examples. on account of prakash versus parameshwari

, it was held that one case doesn't demonstrate a custom. However,in the instance of

ujagar versus jeo

, it was held that if a custom has been brought to the notice of the court rehashed, no
additional confirmation is required.existence of a custom can likewise be demonstrated
through narrative proof, for example, in Riwaz-I-am.several settlements exist that detail
standard laws of punjab
4

CUSTOM AS A SOURCE OF HINDU LAW

Custom has a noteworthy impact in Hindu law and is acknowledged as a feature of the Indian
lawful framework. An assortment of Hindu innate traditions concerning individual status and
legacy are additionally perceived regardless of the codification endeavors of the focal
government. segments 2(2) of the Hindu Marriage Act and the Hindu progression Act have
invited the acknowledgment of ancestral standard laws and practices of "planned
tribes",Customary Hindu practices in marriage and separation that are outside the customary
standard are additionally perceived under Indian law.5 Conventional Hindu law perceives
eight types of marriage,of which three Brahma, Asura,and gandharba are the most pervasive.
Nonetheless, a marriage in a form"which is not representing the cause very well or out of date
isn't really precluded by Hindu law." According to advocate D. H. Chaudari,in a huge nation
like India, with such huge numbers of stations living in such a large number of various
places,multifarious types of marriage permitted by custom have appeared. these standard
4 https://www.jstor.org/stable/43949882
5 https://www.lawyerssafari.com/blog/custom-as-a-source-of-law/
types of marriage might be superbly substantial despite the fact that they don't carefully come
surprisingly close to any of the eight forms.According to Hindu law, services or the like are
significant." for example,"courts have appended incredible significance to the exhibition of
saptapadi or the function of seven stages which is viewed as the most significant of
functions."

Nonetheless, it ought to be noticed that the exhibition of services other than those alluded to
above are perceived by the Indian Courts where the functions are permitted by the custom of
the network or station to which the gatherings have a place separate isn't perceived by general
Hindu law. customarily marriage, from the Hindu lawful viewpoint, "makes a constant tie
between the spouse and the wife. neither party,therefore, to a marriage can separate from the
different except if separation is permitted by custom.8 $he Hindu Marriage Act adjusted this
position, however,creating nine reasons for both a couple to guarantee separation, and some
extra grounds accessible to the spouse alone. As indicated by segment 29 of the Hindu
Marriage Act, disintegration of a Hindu marriage can likewise be gotten through a legitimate
custom.
CUSTOM AS A SOURCE OF CHRISTIAN LAW

The Holy Bible is comprised of books that were composed over a time of 1000 years. It
contains letters, history, classes, and verse. The Bible can be isolated into two segments: the
first is the old confirmation and the second is the new confirmation which contains the life of
Jesus and the life of early Christian culture. some Christian consider each expression of the
Bible right while some think about the writing as the significant ground for an ethical
establishment.
At first, customs were translated as the lessons of Jesus Christ to his supporters and
afterwards the adherents presented the lessons to the Christian individuals, today it has come
to be related with the methodologies that guide the of various Christian gatherings.
Conventional Christians gave high significance to customs.

Reasons like convention have exceptionally high significance among the Christians, it is now
and then used to get a comprehension of the Bible, there might happen circumstances when
Bible and Traditions may come in struggle with reasons however consequently would be
disregarded.
A few people additionally think about encounters as a significant source to comprehend
Christian religious philosophy. Experience incorporates individuals' reasoning, their
considerations, and their five detects. The explanation for including knowledge as a
wellspring of Christian Theology is that whatever occurs with the person in his life is
genuine, it was felt that Christianity must fuse these encounters in it too.

CUSTOM AS A SOURCE OF LAW IN ISLAM

Custom is what is built up in a lady's brain by ethicalness of rationale and the sound
personality acknowledges it. .In Islamic Law anyway traditions (adat) are not a perceived
wellspring of law despite the fact that it a significant wellspring of law. In any case, by and
by certain legal scholars, for example, The Hanafis, The Malikis alluded to traditions as a
wellspring of law and they have even made strides towards perceiving traditions. Indeed,
even the Prophet perceived the power of standard law. His mates anyway denied a few
traditions on the ground that they were not as indicated by the standards of Islamic Faith.
Anyway traditions are currently viewed as a genuine wellspring of law, yet they are viewed
as mediocre in position hierarchally after QURAN, HADITS, IJMA, yet anyway it was better
than Qiyas. There were additionally a couple of requirements for legitimacy of a custom,
bombing which the training wasn't viewed as a legitimate custom. .
6

Custom is what is set up in a lady's psyche by righteousness of rationale and the sound
personality acknowledges it. Traditions are additionally rehearses which are being drilled by
the general public from days of yore and it is acknowledged inside the standards of the
general public. Traditions may be diverse for various religions, however for various
networks, zones, ages, and in any event, for various families. There are likewise some
predetermined requirements of a specific traditions, and they were distinctive for various
networks, religions. For instance, the necessities for a custom to be legitimate in U.K are
especially not quite the same as that of India. Other than these there are likewise some ground
or criteria on which a custom can be repealed, for instance a family custom is fit for being
crushed by neglect.

The idioms of the Prophet were the primary wellspring of law in Islam which is basically
written in Quran and furthermore as the Ahadis. There is no uncertainty that the Pre-Islamic
traditions framed the premise of Islam Law. The Prophet acknowledged a portion of the
predominant traditions yet sometimes he decried a few, in which he presented new laws
which were either written in the Quran as the choice of God or it were referenced in the
Ahadis-the idioms of the Prophet. After the demise of the Prophet, his friends condemned a
few traditions which were not as per the lessons of Islam.

Be that as it may, generally the Muslim legal scholars don't give traditions particularly
significance offering inclination to their laws in a customary way. Be that as it may, as time
passed on the view changed, (in India) which came anyway because of a portion of the
choices given by the courts of India. In different zones anyway traditions are as yet given a
constrained inclination.

There a custom after the wedding function, when the spouse is pregnant, her mom sends a
letter to the mother of the husband is first, advising her. At that point the last alongside
certain ladies of her locale proceed to visit the lady of the hour after at some point, with a
blessing known as seuli mph, which for the most part comprises of support, gems and some
cash. This custom is still followed in Holland among the Archnese. This custom therefore
assumes a significant job in keeping up relations between the two families. The cash paid to
the lady of the hour is basically from the mother, guys have nothing to do with this. This
suggests ladies have some monetary independence and can procure cash.

6 https://www.jstor.org/stable/43949882
There is likewise another custom after the conveyance of the youngster, the spouse's dad
welcomes numerous significant people to his home. There he officially isolates the couple
into another family, determining the sum whether in kind or money, which he provides for
the new family. This custom subsequently gives a to help the recently wedded couple to get a
beginning with their life. It likewise sidesteps inconveniences which a spouse may have with
her relative, as they live independently.

7
Along these lines I see that the courts were supportive of traditions which were in as
indicated by general feeling of law and value, if such a condition was not satisfied yet the
uniquely was to be taken into the lawful viewpoint then it was changed.

CONCLUSION
In India, since there are such huge numbers of religions it is beyond the realm of imagination
to expect to have a typical hotspot for the individual laws of various networks and along these
lines various sources must be drawn closer while causing laws for individuals who to pursue
various customs. In spite of the fact that my closely-held conviction is somewhat unique. At
the point when you have various laws overseeing individuals of a similar country it prompts
non consistency. For a country to create you need consistency and considering the different
laws of various nations we discover our law is tremendously fit to the social states of India.

One of the significant points of law is to order dutifulness and there is no better method to
request compliance by causing individuals to pursue their own customs which they have been
following for quite a long time.

REFERENCES

7 http://www.legalservicesindia.com/article/521/Role-of-Customs-in-Islamic-Law.html
1.http://www.legalservicesindia.com/article/521/Role-of-Customs-in-Islamic-Law.html
2. https://www.jstor.org/stable/43949882
3. https://www.lawyerssafari.com/blog/custom-as-a-source-of-law/
4. https://www.academia.edu/32441225/Custom_As_A_Source_Of_Hindu_Law?auto=downloadW

BIBILIOGRAPHY
1.https://www.academia.edu/32441225/Custom_As_A_Source_Of_Hindu_Law?
auto=downloadW
2. Book “Custom as a source of law” by David J.Bederman
3.https://www.wipo.int/edocs/pubdocs/en/wipo_pub_tk_7.pdf