Parsi law

Last updated

The Parsi law [1] is the law governing the Parsi Zoroastrian community of India. Parsi law is largely derived from nineteenth century's legal tradition. [2] In particular, the main legislative texts of the Parsi law are:

Contents

Reference

  1. "Parsi Law", The Oxford International Encyclopedia of Legal History, Edited by Stanley N. Katz, Oxford University Press, 2009
  2. See: M. Sharafi, Law and Modern Zoroastrians, The Wiley Blackwell Companion to Zoroastrianism, Wiley Blackwell, Chichester, 2015, p. 307

See also

Further bibliography

Related Research Articles

Polygamy is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married to more than one husband at a time, it is called polyandry.

Zoroastrianism Religion ascribed to the teachings of Zoroaster

Zoroastrianism or Mazdayasna is an Iranian religion and one of the world's oldest continuously practiced organized faiths, based on the teachings of the Iranian-speaking prophet Zoroaster. It has a dualistic cosmology of good and evil and an eschatology which predicts the ultimate conquest of evil by good. Zoroastrianism exalts an uncreated and benevolent deity of wisdom known as Ahura Mazda as its supreme being. The unique historical features of Zoroastrianism, such as its monotheism, messianism, belief in judgement after death, conception of heaven and hell, and free will may have influenced other religious and philosophical systems, including Gnosticism, Greek philosophy, Islam, and the Baháʼí Faith.

Divorce is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony, child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

Parsis Zoroastrian community in the Indian subcontinent descended from Persian migrants

Parsis or Parsees are an ethnoreligious group of the Indian subcontinent whose religion is Zoroastrianism. Their ancestors migrated to the region from Iran following the Muslim conquest of Persia in the 7th century CE. They are the first of two such to have done so, with the other being Iranis, who migrated to the subcontinent many centuries later, after the coming to power of the Qajar dynasty in Persia. According to a Zoroastrian epic, Qissa-i Sanjan, Parsis continued to migrate from the collapsed Sassanid Empire to Gujarat in between the 8th and 10th centuries CE, where they were given refuge to escape religious persecution during the early Muslim conquests.

Uniform Civil Code is a proposal in India to formulate and implement secular personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. It is an important issue regarding secularism in Indian politics and continues to remain disputed by India's Muslim groups and other conservative religious groups and sects in defence of sharia and religious customs. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Meanwhile, article 25-28 of Indian constitution guarantee religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.

Tower of Silence Zoroastrian excarnation structure

A dakhma, also known as a Tower of Silence, is a circular, raised structure built by Zoroastrians for excarnation–that is, the exposure of human dead bodies to the elements for decay in order to avert contamination of the soil with the corpses. Carrion birds, usually vultures and other scavengers, would typically consume the flesh and the skeletal remains would have been left in the pit.

Law of India Overview of the law of India

The law of India refers to the system of law across the Indian nation. India maintains a hybrid legal system with a mixture of civil, common law and customary, Islamic ethics, or religious law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law.

The Manusmṛiti, also known as the Mānava-Dharmaśāstra or Laws of Manu, is believed to be the first ancient legal text and constitution among the many Dharmaśāstras of Hinduism. In ancient India, the sages often wrote their ideas on how society should run in the manuscripts. It is believed that the original form of Manusmriti was changed as many things written in the manuscript contradict each other. It was one of the first Sanskrit texts to be translated into English in 1776, by British philologist Sir William Jones, and was used to construct the Hindu law code, for the East India Company administered enclaves.

Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. It is one of the oldest known jurisprudence theories in the world.

With the Forty-second Amendment of the Constitution of India enacted in 1976, the Preamble to the Constitution asserted that India is a secular nation. However, the Supreme Court of India in the 1994 case S. R. Bommai v. Union of India established the fact that India was secular since the formation of the republic. The judgement established that there is separation of state and religion. It stated "In matters of State, religion has no place. And if the Constitution requires the State to be secular in thought and action, the same requirement attaches to political parties as well. The Constitution does not recognize, it does not permit, mixing religion and State power. That is the constitutional injunction. None can say otherwise so long as this Constitution governs this country. Politics and religion cannot be mixed. Any State government which pursues nonsecular on policies or nonsecular course of action acts contrary to the constitutional mandate and renders itself amenable to action under Article 356". Furthermore, constitutionally, state-owned educational institutions are prohibited from imparting religious instructions, and Article 27 of the constitution prohibits using tax-payers money for the promotion of any religion.

Persecution of Zoroastrians Overview of hostility toward and/or discrimination against adherents of Zoroastrianism

The persecution of Zoroastrians has been recorded throughout the history of Zoroastrianism, an Iranian religion. The notably large-scale persecution of Zoroastrians began after the rise of Islam in the 7th century CE; both during and after the conquest of Persia by Arab Muslims, discrimination and harassment against Zoroastrians took place in the form of forced conversions and sparse violence. Muslims who arrived in the region after its annexation by the Rashidun Caliphate are recorded to have destroyed Zoroastrian temples, and Zoroastrians living in areas that had fallen under Muslim control were required to pay a tax known as jizya.

Law Commission of India is a currently-defunct executive body established by an order of the Government of India. The Commission's function is to research and advise the Government of India on legal reform, and is composed of legal experts, and headed by a retired judge. The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice. The last chairman of the Commission retired in August 2018, and since then, it has not been reconstituted.

The Age of Consent Act, 1891, also known as Act X of 1891, was a legislation enacted in British India on 19 March 1891 which raised the age of consent for sexual intercourse for all girls, married or unmarried, from ten to twelve years in all jurisdictions, its violation subject to criminal prosecution as rape. The act was an amendment of the Indian Penal Code and Code of Criminal Procedure, Section 375, 1882,, and was introduced as a bill on 9 January 1891 by Sir Andrew Scoble in the Legislative Council of the Governor-General of India in Calcutta. It was debated the same day and opposed by council member Sir Romesh Chunder Mitter on the grounds that it interfered with orthodox Hindu code, but supported by council member Rao Bahadur Krishnaji Lakshman Nulkar and by the President of the council, the Governor-General and Viceroy Lord Lansdowne.

The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code. Following India's independence in 1947, the Indian National Congress government led by Prime Minister Jawaharlal Nehru with the help of Dr. B. R. Ambedkar completed this codification and reform, a process started by the British Raj. According to the British policy of noninterference, personal-law reform should have arisen from a demand from the Hindu community. That was not the case, as there was significant opposition from various conservative Hindu politicians, organisations and devotees; they saw themselves unjustly singled out as the sole religious community whose laws were to be reformed. However, the Nehru administration saw such codification as necessary to unify the Hindu community, which ideally would be a first step towards unifying the nation. They succeeded in passing four Hindu code bills in 1955–56: the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act. They continue to be controversial to the present day among women, religious, and nationalist groups.

The Hindu marriage Act is an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).

Zoroastrianism in India Overview of the Zoroastrian populace in India

Zoroastrianism in India has significant history within the country. Zoroastrians have lived in India since the Sasanian period. The Zoroastrians also moved to India in successive migrations during the Islamic period. The initial migration following the Muslim conquest of Persia has been canonized as a religious persecution by invading Muslims. Zoroastrianism meanwhile suffered a decline in Iran after the conquests. Subsequent migrations also took place after the attempts by Safavids to convert their subjects to Shiism.

Parsiana, a semi-monthly magazine in English published from Bombay, carries information on, and features of interest to the International Zoroastrian community. As of 2019, it is in its 55th year of publication.

Criticism of Zoroastrianism British India

Criticism of Zoroastrianism has taken place over many centuries not only from the adherents of other religions but also among Zoroastrians themselves seeking to reform the faith.

Mithan Jamshed Lam (1898–1981) was an Indian lawyer, social activist and the Sheriff of Mumbai. She was the first Indian woman barrister and the first Indian woman lawyer at the Bombay High Court. She was a member of the All India Women's Conference and served as its president in 1961–62. The Government of India awarded her the third highest civilian honour of the Padma Bhushan, in 1962, for her contributions to society.

The role of women in the Zoroastrian and Parsi communities remains controversial and significant. Gender roles in the community have slowly been evolving as societal norms around them progress.