“While

legal pluralism is considered to be a system which

recognizes the diversity, social values and norms, and individual and group rights,

on the other hand the

application of the different principles of laws with different social values create problems

in determining disputes among the people of a same territorial limit.”

1. identify three conflicting issues which are resulted from the multiple laws in the Sri Lankan legal
system
2. discuss the issues in line with the pluralistic legal system of Sri Lanka
3. suggest possible legal reforms to overcome the issues which are identified

KANDYAN LAW

TESAWALAMAI LAW

RDL

ENGLISH LAW

MUSLIM LAW

same territory: different religions

same territory: different races

same territory: same religion/race: different laws e.g., RDL v English law

Samed v Segutamby

Muslim law v Statute law (Adoption of Children Ordinance)

Intestate succession: Ghouse v Ghouse

Marriage: Reid v AG, AG v Reid, Abeysundere v Abeysundere

different territories: which law?

“The intellectual odyssey of the concept of legal pluralism moves from the discovery of
indigenous forms of law … to debates concerning the pluralistic qualities of law under
advanced capitalism. Legal pluralism is a central theme in the reconceptualization of the
law/society relations.”

Journal of Law & Society Review, American anthropologist Sally Engle Merry writes,

https://groundviews.org/2016/12/01/sri-lankan-personal-laws-between-justice-and-freedom-a-value-
based-perspective/

MUSLIM LAW: WOMEN AND MARRIAGE

https://tbinternet.ohchr.org/Treaties/CEDAW/Shared%20Documents/LKA/
INT_CEDAW_NGO_LKA_24266_E.pdf

REFORMS TO MUSLIM LAW?

https://www.moj.gov.lk/images/pdf/Vol-1-B.pdf