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Jain Law

Added to library: September 2, 2025

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First page of Jain Law

Summary

Here's a comprehensive summary of the Jain text "Jain Law" by Champat Rai Jain, based on the provided pages:

Overall Purpose and Introduction:

The book, "Jain Law," compiled by Barrister-at-Law Vidyavaridhi Champat Rai Jain and published by Shri Digambar Jain Parishad, aims to present the independent legal system of Jainism. The author emphasizes that Jain Law is currently not recognized in courts but argues that modern judicial principles suggest it should be implemented if reliably proven. The book's primary goal is to revive and re-establish Jain Law as a distinct legal framework, separate from Hindu Law, for Jains to follow and for the government and courts to recognize.

Structure of the Book:

The book is divided into three parts:

  • Part 1: Jain Law (Legal Principles): This section delves into specific areas of Jain Law, including:

    • Adoption and Partition of Sons
    • Marriage
    • Property
    • Inheritance
    • Stridhan (Woman's Property)
    • Maintenance
    • Guardianship
    • Customs

  • Part 2: Jain Texts and Authorities: This part lists and discusses the foundational texts of Jain Law:

    • Trivarnachar
    • Shrībhadra Bahu Samhita
    • Shrīvardhamana Niti
    • Indra Nandī Jina Samhitā
    • Arhaniti

  • Part 3: Jain Dharma and Dr. Gaur's "Hindu Code": This section critically analyzes Dr. Gaur's "Hindu Code" and argues against its application to Jains, highlighting the historical suppression of Jain Law and the distinct nature of Jain philosophy and practice.

Key Arguments and Themes:

  1. Jain Law as an Independent System: The central thesis is that Jain Law is a distinct, ancient, and complete legal system originating from Maharaja Bharat Chakravarti, son of the first Tirthankara Lord Rishabhdev. It is not a derivative of Hindu Law.

  2. Historical Suppression and the Need for Revival: The book details how Jain Law was ignored and superseded by Hindu Law in courts due to various historical factors, including the suppression of Jain scriptures and the lack of organized effort by the Jain community. The author laments the "dissatisfaction" of the past fifty years caused by the misapplication of Hindu Law in Jain affairs.

  3. Distinction from Hindu Law: A significant portion of the book is dedicated to highlighting the fundamental differences between Jain Law and Hindu Law (specifically Mitakshara). Key differences mentioned include:

    • Joint Estate vs. Joint Tenancy: Hindu Law has the concept of "joint estate" and "survivorship," where a deceased co-sharer's share does not pass to his heirs but remains with the surviving co-sharers. Jain Law, however, has "joint tenancy" where survivorship is not absolute; a deceased co-sharer's heirs inherit his share.
    • Widow's Rights: Under Hindu Law, a widow has limited rights (maintenance only), especially in a joint family. Jain Law grants the widow full ownership of her deceased husband's property, allowing her to dispose of it as she wishes, even to her daughters and grandchildren.
    • Son's Rights: Jain Law states that a son is a co-sharer in ancestral property and can claim his share. However, he cannot claim his father's share in his mother's presence after the father's death; he inherits it after the mother's death.
    • Stridhan: The definition and rights associated with Stridhan (woman's property) are distinct in Jain Law, giving women greater control over their property.
    • Adoption: While both systems allow adoption, the nuances and permissions differ.
    • Partition: Jain Law encourages partition for the growth of dharma, unlike Hindu Law which often praises the undivided state of the family property.
    • Specific Practices: The text elaborates on practices like Pindadan (which in Jainism is interpreted differently, relating to procreation rather than rituals for ancestors) and the status of women in inheritance.

  4. Critique of Dr. Gaur's "Hindu Code": The author strongly refutes Dr. Gaur's classification of Jains as "Hindu Dissenters" and his assertion that Jainism is a "child" of Buddhism or a synthesis of Buddhism and Hinduism. The author provides extensive counter-arguments citing scholarly research from various European and Indian scholars, ancient Jain texts, and inscriptions to establish Jainism's antiquity and independence. He argues that Dr. Gaur relied on outdated and biased sources and failed to acknowledge modern scholarship that proves Jainism's distinct origin and antiquity, predating Buddhism.

  5. Call to Action for the Jain Community: The book urges the Jain community (Digambara, Shvetambara, and Sthanakvasi) to actively work towards the revival and implementation of Jain Law. This involves:

    • Passing resolutions in their respective communities.
    • Convening unified assemblies.
    • Utilizing wills to ensure personal wishes are met if they conflict with Jain Law.
    • Courageously asserting Jain Law in legal disputes, even if it means stating that the custom is against the written Jain Law, and providing truthful testimony.
    • This collective effort is seen as crucial to break the perception of Jains as merely "Hindu Dissenters" bound by Hindu Law.

  6. Sources of Jain Law: The author identifies key texts as the basis for Jain Law, including:

    • Shrībhadra Bahu Samhita (estimated to be from around 1601-1606 CE but based on older traditions)
    • Arhaniti (a Shvetambara text, not very ancient)
    • Shrīvardhamana Niti (compiled around 1011 CE)
    • Indra Nandī Jina Samhitā (based on the lost Upasak Adhyayan Ang)
    • Trivarnachar (from 1619 CE)
    • Shrī Adipurana (by Jinacharya Jinasena, 9th century CE) The author notes that no single text contains the complete law, but the surviving parts of Upasak Adhyayan are considered sufficient for essential legal matters.

  7. Challenges and Practicalities: The author acknowledges the difficulty in proving customs in court and the lack of widespread awareness of Jain Law. He criticizes the Jain community's historical tendency to hide their scriptures, which led to ignorance of their own laws.

Key Legal Concepts Discussed (Examples from the Text):

  • Dattak (Adoption): Detailed rules on who can adopt, how adoption is performed, and the rights of adopted sons.
  • Vivah (Marriage): Criteria for choosing a bride and groom, different types of marriages (Brahma, Daiva, Arsha, Prajapatya, Asura, Gandharva, Rakshasa, Paishacha), and marriage rituals.
  • Sampatti (Property): Classification of property (movable/immovable), property that is not divisible (e.g., self-acquired property, property received from friends/relatives, wealth from mines, inherited property without ancestral aid, Stridhan).
  • Vibhag (Partition): Rules for property division among brothers, the rights of the eldest son (Jyeshthansi), and the concept of "tenancy in common" versus "joint estate."
  • Daya (Inheritance): The order of succession, including widows, sons, brothers, nephews, daughters, and other relatives. It emphasizes the widow's superior right to property over many other heirs in Jain Law.
  • Stridhan: Five types of Stridhan are detailed, with the wife having full rights over her Stridhan.
  • Bharan-poshan (Maintenance): Who is entitled to maintenance and the obligations of the property owner.
  • Sanrakshak (Guardianship): Rules of guardianship for minors and incapacitated individuals.
  • Riwaj (Customs): The importance of customs, their proof in court, and their interaction with statutory law.

In essence, "Jain Law" is a powerful advocacy for the recognition and re-establishment of a distinct Jain legal system, drawing from ancient Jain scriptures and critiquing external legal frameworks that have historically misrepresented or suppressed Jainism. It's a call for the Jain community to reclaim and actively use their own heritage.