Customs Into Customary Law: Marriage and Succession in Kandyan Customary Law - An Anthropological Review

Customs in a society are well-tested in diverse social situations. As a result, they are efficient, sustainable, and practical. Their conversion into a customary legal system, however, requires a thorough understanding of their social and cultural background. Otherwise, customary laws and their interpretation could become rigid, impractical, and sometimes, unreasonable. This article discusses the close relationship between customs and the customary law of the Kandyan region in Sri Lanka and the risks embedded in the interpretation of such laws in current social milieu. The article discusses a recent judgment of the Supreme Court of Sri Lanka on customary marriages and inheritance rights in Kandyan region which held that a diga _ (patrilocally) married woman forfeits her inheritance rights to her father’s property. The article argues using anthropological studies in the Kandyan region that the judgment was incompatible with some of the Kandyan customs. In the absence of a codified legal system, at least an Interpretation Guide on the Kandyan customary law is need to help avoid the inconsistencies. Anthropologists and sociologists could provide the socio-economic and politico-cultural context for the Guide.