Kandyan law

Kandyan law is the customary law that originates from the Kingdom of Kandy, which is applicable to Sri Lankans who are Buddhist and from the former provinces of the Kandyan Kingdom. It is one of three customary laws which are still in use in Sri Lanka. The other two customary laws are the Thesavalamai and the Muslim law. At present it governs aspects of marriage, adoption, transfer of property and inheritance, as codified in 1938 in the Kandyan Law Declaration and Amendment Ordinance.[1]

Jurisdiction

Areas where kandyan law is applied;

Central Province
North Central Province
Uva Province
Sabaragamuwa Province
Chuniyachedkulam Korale East and West and Kilakkumale Korale South of Vavuniya District in the Northern Province
Kurunegala District and Demala Hathpattu of Puttalam District in the North Western Province

Marriage

Traditionally Kandyan law recognizes two types of marriage;

Binna marriage - A marriage in which the husband joins the wife's family, where the wife may inherit her family property in equal or more portion. The husband does not inherit his wife's estate which transfers to their children on her death. The husband however may administrate her holdings and has life interest on her estate.
Diga marriage - A marriage in which the wife joins the husband's family, where the wife may only inherit a lesser or no share of her family property. Her dowry is incorporated into the wealth of the husband's family.

The Kandyan Marriage and Divorce Act, is the current legal framework which governs Kandyan weddings. It recognizes both Binna and Diga marriages.

Polygamy

Kandyan law, traditionally provided for polygamy. Kandyan kings had multiple queens and concubines.

Polyandry

Polyandry, was practiced in Kandyan provinces until it was banned by the British in 1859. The practice known as eka-ge-kema meaning eating in one house, provided for a wife to have several husbands from the same family. In most cases these husbands would be brothers. The practice predates the Kandyan era and was even common among Royalty as King Vijayabahu VII of Kotte had cohabited his first wife Anula Kahatuda with his brother Sri Rajasinghe.[2]

References

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[1] "Kandyan law" (PDF).

[2] Polygamy and Monogamy in Kandyan Sri Lanka