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{{use Indian English|date=February 2016}}
{{Jainism}}

'''Jain law''' or '''Jaina law''' is the modern interpretation of ancient Jain law that consists of rules for adoption, marriage, succession and death prescribed for the followers of [[Jainism]].

==History==
===Ancient===
Jains regard ''[[Bharata Chakravartin]]'' as the first law giver of the present half cycle of time.{{sfn|Jain|2004|p=i}} Jains have their own law books. ''Vardhamana Niti'' and ''Ashana Niti'' by the great Jain teacher [[Hemachandra]] deals with Jain law.<ref>{{citation |url=https://books.google.com/books?id=2H_XAAAAMAAJ |title=Fundamentals of Jainism |last1=Jain |first1=Champat Rai |year=1974 }}</ref> ''Bhadrabahu Samhit'' is also considered an important book on Jaina law.

===Modern===
In 1916, Barrister Jagomandar Lal Jaini (1881-1927) published a translation of ''Bhadrabahu Samhita'', which went on to form the basis of modern Jain law. The author mentioned the full text of a judgement that he delivered in Civil Original Case No. 6 o f1914, Indore, in which Jain religious and legal scriptures were explicitly quoted and relied upon.<ref>{{citation |url=https://books.google.com/books?id=3IEeAAAAIAAJ&pg=PA397 |title=Essays in Classical and Modern Hindu Law: Current problems and the legacy of |isbn=9004057536 |last1=Derrett |first1=John Duncan Martin |year=1978 }}</ref> It has been suggested that Jain mendicants kept Jain lawbooks away from the British because of the Jain laws of purity.<ref name="google.com">{{citation |url=https://books.google.com/books?id=qxcrAwAAQBAJ |title=Law and Identity in Colonial South Asia |isbn=9781139868068 |last1=Sharafi |first1=Mitra |date=2014-04-21 }}</ref> Jain lawgivers had taken great pains to define violence, and were clear that no form of violence was permitted for Jain mendicants. The lawgivers were not so clear on the conduct of Jain laymen, assuming that a violent situation would not arise amongst a community that was numerically small.<ref name="google.com"/>

After the Montagu Declaration in 1917, the Jain Political Association was set up by the same circle of predominately Digambara Jain intellectuals to create a unitary political representation for the Jains. In due course the society intended, after due search of the śāstric literature, to give a definite shape to Jaina Law.<ref>https://www.soas.ac.uk/research/publications/journals/ijjs/file40123.pdf</ref> The culmination of this effort was the most prominent book on the subject of Jain law, written by [[Champat Rai Jain]].<ref>{{citation |url=https://books.google.com/books?id=CIgqBgAAQBAJ&pg=PA424 |title=Studies in Jaina History and Culture |isbn=9781134235520 |last1=Gel |first1=Peter Fl |last2=Flügel |first2=Peter |date=2006-02-01 }}</ref>

In 1955, the Government of India subsumed Jain law under Hindu law, though Jain law continues in unofficial and semi-official fora.<ref>{{citation |url=https://books.google.com/books?id=U2cDn8bNbXAC&pg=PT700 |title=Studies in Jaina History and Culture |isbn=9781134235513 |last1=Flügel |first1=Peter |date=2006-02-01 }}</ref>

==Adoption==
In 1927, [[Madras High Court]] in Gateppa v. Eramma and others reported in AIR 1927 Madras 228, the court held that in Bhadrabahu Samhita, verse 40 empowers a sonless man or woman to take a boy in adoption. Verse 83 empowers a widow to adopt a boy and make over her property to him. Verse 73 was quoted in the judgement<ref>{{cite web|url=http://indiankanoon.org/doc/878739/|title=(Bobbaladi) Gateppa vs (Bobbaladi) Eramma And Ors. on 13 August, 1926|access-date=23 February 2016}}</ref>-

{{cquote| The virtuous lady may like her husband take to herself a son of a good gotra and instal him on the estate of her husband. |cquote}}

==Marriage==
[[Jain Agamas]] mention that there are five types of marriages.<ref>{{citation |url=https://books.google.com/books?id=ecKCrO6nLiAC&pg=PA39 |title=Jaina Studies |isbn=9788120832473 |last1=Caillat |first1=Colette |last2=Balbir |first2=Nalini |date=2008-01-01 }}</ref>

== Rights of female heirs ==
The rights of female heir in Jaina law are different from that of Hindu Law. Under the Jaina Law females take the inheritance absolutely.{{sfn|Jain|2004|p=xvi}}

==Succession==
Upon the death of a person without a son, the property is entirely passed on to the widow. The property remains with the widow even if there were to be a son. This is an important difference between Jain law and Hindu law. In Hindu law, the widow does not have the right to the deceased husband's property. In Jainism, there is no privilege accorded to a male heir, and a widow is treated as a preferential heir to her own son.<ref>{{citation |url=https://books.google.com/books?id=FWdWrRGV_t8C&pg=PA178|title=Jaina Community |isbn=9780317123463 |last1=Sangave |first1=Vilas Adinath |year=1980 }}</ref>

== Twin sons ==
According to Jain law, in case of twin born sons, the first born or the eldest is entitled for more privileges at the time of partition.{{sfn|Jain|2004|p=i}}

==Death==
{{Main|Sallekhana}}

==Gallery==
<gallery>
Champat_Rai_Jain.jpg|[[Champat Rai Jain]], author of the modern ''Jaina Law''
The Ratna Karanda Sravakachara.JPG|The Householder's Dharma
</gallery>

==See also==
*[[Christian Personal Law]]
*[[Hebrew law]]
*[[Modern Hindu law]]
*[[Classical Hindu law]]

== Citations ==
{{reflist}}

== References ==
* {{citation|url=https://books.google.com/books?id=GN6UAAAAMAAJ|title=Selections from the Jaina law|last1=Jain|first1=Champat Rai|year=2004|author-link=Champat Rai Jain| publisher= Jaina Vidyā Saṁsthāna|isbn=9788188677016}}

==Further reading==
*Flügel, Dr. Peter, ''[http://www.herenow4u.net/index.php?id=76633 A Short History Of Jaina Law]''

==External links==
*{{Commonscatinline}}

{{Law}}
{{Jainism topics}}

[[Category:Jain law| ]]
[[Category:Indian family law]]
[[Category:Legislation in British India]]
[[Category:Ancient Indian law]]
[[Category:Legal codes]]
[[Category:Religious law]]

Jain law - Revision history

imported>Citation bot at 06:20, 11 July 2021