BURMESE BUDDHIST LAW Burmese Buddhist law, which is the body of customs and usages of the Burmese, has its sources in India, but belongs to a social system from which caste, seclusion of women, child mar riage, the joint family and other features of the Hindu system are absent. It has been collected at various times in the last boo years into books called Dhammathats, of which the Manugyk Dhammathat, compiled in A.D. 1756, overrides the others where it is clear and unambiguous. A collection of the Dhammathats made by a high official under the late Burmese kings has been published, with a translation, under the name of the Kinwun Mingyi's Digest.
Marriage is a purely civil contract, and is evidenced by the parties openly living and eating together as man and wife. A social entertainment celebrates the marriage of a youth and a maid, but is dispensed with in other cases. Consent of parents or guardians —which may be given or implied after the event—is required to the marriage of a youth under 16 or a spinster under 20. Monog amy prevails, but polygamy is legal; polyandry is unknown. Hus band and wife are joint owners of all property acquired by their joint efforts during marriage, and of the profits of separate prop erty brought by either to the marriage. The last may in time become merged in the joint estate. Hence it is usual for husband and wife to execute business documents together and to be joined together in litigation. In recent times there are legislation and rulings of court relating to the marriage of Burmese Buddhists with people of other races and religions.
Divorce is by bona fide mutual consent, as a rule before elders, including openly living apart as no longer husband and wife. Divorce can also be had by decree of court on such grounds as cruelty, desertion, or adultery of the wife. In the former case the parties, generally speaking, divide the property with reference to their rights in it during coverture; in the latter case the guilty party is more or less severely mulcted. Generally also, children inherit from the parent whom they follow and not from the other.
Any married couple, or anyone who has attained majority, may adopt one or more sons and daughters, whether already related to them or not, who on adoption sever all rights in their natural family and become co-heirs with the children, if any, of their adoptive parent or parents. To stop vexatious and expensive liti gation between rightful heirs and others claiming to have been so adopted, the Burmese legislative council passed an Act in 1926 ( not to come into force till notified) declaring that no dispute as to the rights of any person to inherit as or through an adopted child shall be entertained by any court unless the fact of the adoption is evidenced by an instrument executed, attested and registered as required by the Act.
If the deceased was not married at death, the main principles are that the inheritance shall not ascend when it can descend; that it shall not ascend more than is necessary ; and that the nearer excludes the more remote. Hence, children come first, sharing equally ; failing them, grandchildren ; failing direct de scendants, brothers and sisters ; and next in order, parents, grand parents, nephews and nieces, uncles and aunts, grandnephews and nieces, cousins and so on. Where the heirs are children, and off spring of deceased children, such offspring divide among them what would have been their parent's share if he was the orasa, otherwise one-fourth only of their parent's share if he or she had lived to inherit, the remaining three-fourths reverting to the estate. Where only grandchildren, born of different children, are left, the whole body divide the estate equally per capita, e.g., ten of such secure each one-tenth of the estate. It is possible here to give a few examples only; for a fuller discussion, and for the subject of Burmese Buddhist law generally, see S. C. Lahiri, Principles of Modern Burmese Buddhist Law (2nd ed. 1927).
(A. MR.)