SRI LANKA LEGAL SYSTEM (a brief introduction)

From the time of Independence in 1948, Sri Lanka legal system has developed in to a highly complex mixture of English Common Law, Roman Dutch Law, Statutory Laws, Personal Laws and Customary Law.

English Common Law applies in Sri Lanka as a statutory law or as a judicial decisions. In any matter which is not specifically dealt with in a statutory provision, consider by applying the English Law.

Roman Dutch Law has been mainly considered as the common law of Sri Lanka. However Statutory Laws may provide a different rule on the same issue. In Law of Torts or Law of Delicts mainly applies the Roman Dutch Law concepts.

Statutory Laws can be defined as "codified written laws" which is pass by the Legislature.

Customary Law exists when there is evidence of widespread and consistent practice among a such community and there is a genuine belief that such practice is legally binding.

There are three legal provisions of the personal laws applicable in Sri Lanka;

(1) Knadyan Law

(2) Thesawalamei Law

(3) Muslim Law

Kandyan Law can be defined as the traditional customary law of the kandyan sinhalese community. It is still applies to the central part of the island.

Thesawalamei Law applies to all malabar inhabitants of the Jaffna province. Also it applies to all immovable properties situated in Jaffna.

Muslim Law applies to all Muslims in Sri Lanka. The Law based on the Islamic religious concept. All the people who believe in Islamic religion, govern by the Muslim Law.