Jaina Law Bhadrabahu Samhita

SR No.: 011057
Original Sutra Author: N/A
Author: J L Jaini
Publisher: ZZZ Unknown
Total Pages: 146
Language: English
Classification: Book_English
File Size: 5 MB

Page 104

88
APPENDIX B.
remarkably similar to those which are declared in the Mitakshara and the kindred works, there is complete absence of those religious principles, which are so prominent in Bralmanical Law. Consequently, the usages themselves have direrged exactly at the points where they might have been expected to do so *. Absente cause abest et lc.c."
From all this it is quite apparent that the dictum that Jainas are governed by Hindu Latv, is more dead than alive ; and the reasons adduced in support of it are the children of ignorance and idleness. People who believe in the probability of this dictum are just those who do not want to know or recognise Jaina Law, of which there is plenty both in the ancient Jaina libraries and in the traditional usages of the Jaina people themselves.
Even in the suit before me no less than 3 very old, highly respected and authoritative treatises have been cited. From what I observe in the case. I am sure that the parties were 'neither rich nor active enough to bring before the Court all the La books and witnesses of custom wbich would have been such a welcome aid to me in going more exhaustively into the questions of Jaina Law. But, for the particular purposes of the present case, the evidence on the record is quite sufficient and clear; and, after giving it my deepest consideration, I could not but come to the conclusions at which I have arrived.
2. Customary Law in general : In customary law, apart from the origin of the custom or usage, two questions have often arisen :
(1) As to when the custom should be considered to become law, and therefore binding
* See Punjab customs, 5, 11, 78. Sheo Singh Rai v. Musammat Dakho, 6 N. W. P. A82; Affd. 5 I. A. 87 S. C. 1 All. 688 Ohotelal v. Chundo Lall, 6 L. A. 15. Sc.. 4 Cal. 744.