ABSTRACT
This chapter explores the evolution and application of personal status laws in Sri Lanka. Sri Lanka is a mixed legal system with three personal status laws: Kandyan law, Tesawalamai, and Muslim law. Even though Kandyan law was historically a territorial law, it currently applies to the upcountry Sinhalese as a personal law. Aspects of Tesawalamai apply as a personal law and others as a territorial law to the Tamils in Jaffna Province. Muslim law applies as a personal law to the Sri Lankan Muslims. The Dutch and British codified these indigenous laws. The Roman Dutch law introduced during the Dutch administration continues to apply as the residuary law, and English law applies to the extent it is received by statute. In this chapter, I trace the history, evolution, scope, and extent of application of the three personal status laws. This chapter analyses how the current codifications of Kandyan, Tesawalamai, and Muslim laws consist of provisions discriminatory towards women, which are shielded by the constitutional provision preserving existing written and unwritten laws even if they are inconsistent with fundamental rights. Therefore, the chapter argues that the respective communities should be empowered to reform their laws with constitutional principles of equality guiding such processes. Women from these communities must participate in these processes.
