Again, consider this: the laws concerning marriage, divorce, adoption,
and inheritance, whether of Mohammedan, Hindu, or Buddhist, are
petrified. With changing circumstances, changes in these laws become
of the first necessity; yet as things are now no change is possible.
Take the ten million Buddhists in Burma. Their laws of marriage are
contained in the Dhammathats, which are derived from the laws of Menu,
and are I don't know how old. Now there is this that is good about
them: they were codified when India was free, before the night of
religious bigotry descended upon it. They are, therefore, based not
upon religious ideas, but upon custom which was based on experience.
The spirit therefore is excellent, it is common-sense; it is not the
pretension of an ideal long before the ideal is universally possible,
but a common-sense recognition of human nature as it is, and the
necessity of doing your best with it. They are the only marriage laws
in the world framed by common sense and not religion. Men and women
are free and equal. But although their base is excellent they were
framed for a very different environment from what obtains now. And
again, there are two or more codes, and they differ in details. There
is nothing the people want more than a rectification and consolidation
of their laws, with registration of marriage, the power to make wills,
and other matters. They are always expressing this necessity because
the present laws of inheritance handicap them against other races.
They cannot make wills, and the law of inheritance is so vague that
when a rich man dies litigation almost always ensues. The estate is
dissipated in law-costs and the heirs ruined.
Public-domain text, read in full here on John Shaqi.
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