NIOS Class 12 Introduction to Law Chapter 4 Personal Law II: Christian, Parsi and Jewish Law

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NIOS Class 12 Introduction to Law Chapter 4 Personal Law II: Christian, Parsi and Jewish Law

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Personal Law II: Christian, Parsi and Jewish Law

Chapter: 4

Module – 1 Concept of Law

INTEXT QUESTIONS 4.1

1. What are the Customs of Christians in India?

Ans: Customs of the Christians in India are:

(i) minors cannot marry.

(ii) parties to a marriage must be knowing the consequences of marriage within prohibited degrees of relationship.

(iii) rule of linear primogeniture; and.

(iv) adopting son-in-law by Kerala’s Syrian Christians.

2. Why did the Parsis adopt the local Customs of India?

Ans: Parsis adopted the local Customs of India because:

(i) They were allowed to stay in India, at the time of their first arrival, on the condition that they would follow India’s local custom of the place whey they were allowed to settle; and

(ii) They were not temporary settlers, but they had been a victim of religious persecution in their home land. So they adopted local custom due to long settlement and gave respect to the local customs.

3. What are the Matrimonial Customs of the Jews in India?

Ans: The Matrimonial Customs of the Jews in India are:

(i) Marriage is regarded as a civil contract as well as a sacred commitment to perform some duties.

(ii) A betrothed and married woman are two distinct phases and each one has a different meaning.

(ii) Four kinds of divorce are practiced; and.

(iv) Mere consent of parties to marry is not enough, some legal formalities are necessary to be observed, such as ‘Kaseph Kiddushim’.

Fill in the Blanks:

1. ____________ play an important role in the lives and legal system of Christians. (Customs/Law/Conventions)

Ans: Customs.

2. Many Christians in India adopt ________ customs and practices. (Hindu/Parsi/Jews)

Ans: Hindu.

3. Among Parsis, there is a well recognized custom of maintaining a son or “palak” for ____________. (Adoption/Marriage/Divorce)

Ans: Adoption.

INTEXT QUESTIONS 4.2

1. What are the main legislations enacted by the Indian Parliament regulating the Personal Law of Christians and Jews?

Ans: The main legislations enacted by the Indian Parliament regulating the Personal Law of Christians and Jews are:

(a) The Indian Christian Marriage Act, 1872.

(b) The Divorce Act, 1869.

(d) The Indian Succession Act, 1925.

(e) The Parsis Marriage and Divorce Act, 1936; and.

(f) The Parsis Intestate Succession Act, 1865.

2. Discuss the importance of enacting legislation related to Parsi Law.

Ans: After examining the legislation enacted for the Parsis on their personal law, it can be deduced that:

(i) the legislation has classified the vague customary rules of Parsis.

(ii) all the rules have been codified at one place and now it is easy to locate the law.

(iii) the legislation is authoritative and it is binding on all Parsis.

(iv) if any Parsi would not follow any provisions of the legislation, they can be penalized.

3. How have the ‘Judicial Precedents’ helped to evolve the Personal Law of Parsis and Jews in India?

Ans: The ‘Judicial Precedents’ have evolved the personal law of Parsis and Jews in India in the following ways:

(i) The judiciary has recognized that the children of a Parsi mother and non-Parsi father would not be Parsi.

(ii) Customary practice of adoption of Parsis is accepted by the court;

(iii) Gift of property by Jews has been recognized in the form of ‘will’; and

(iv) Where the betrothal becomes void on non-fulfillment of its conditions, there is no need to execute a bill of divorcement to nullity the effect of the ‘Kaseph Kiddushim’.

4. Do you think that the legislations and ‘Judicial Precedents’ have important role in a Legal System and why?

Ans: Yes, I think that the legislation and ‘Judicial Precedents’ have an important role in a legal system because:

(a) If legislation would not have been there, the courts would face difficultly in applying the rules.

(b) It would become difficult for the common person to prove a customary rule in the courts of law.

Fill in the Blanks:

1. The Indian Christian Marriage Act was codified in the year _____________. (1872/1876/1878)

Ans: 1872.

2. The Law on Christian Divorce is codified by the name of ‘The Divorce Act’, __________. (1872/1869/1995)

Ans: 1869

Write True/False:

3. The Indian Succession Act, 1925 governs Intestate and Testamentary Succession of immovable property of Christian and Parsis. (True/False)

Ans: True.

4. The ‘Judicial Precedents’ have helped to evolve the personal law of Parsis and Jews in India. (True/False)

Ans: True.

INTEXT QUESTIONS 4.3

1. What are the salient features of a Hybrid Legal System?

Ans: The salient features of a ‘Hybrid Legal System’ are:

(i) Co-existence of more than one legal system.

(ii) Ratio of the mixture of different legal system can not be predetermined; and.

(iii) It preserves the native legal system.

2. Name some of the countries which follow ‘Hybrid Legal System’.

Ans: Countries which follow hybrid legal system are:

(i) Seychelles.

(ii) South Africa.

(iii) Philippines.

(iv) Greece.

(v) India.

3. Do you think that International Legal System and the legal system of the European Union follow ‘Hybrid Legal System’? Give two reasons.

Ans: Yes, I think that International Legal System and the Legal System of the European Union follow ‘Hybrid Legal System’ because:

(i) More than one type of legal system are found in it; and.

(ii) These two systems are composed of various peoples, and cultures, so their traditional legal systems have also been given due place and recognition by it.

Write True/False:

4. India, Pakistan and Bangladesh have inherited a Common Law legacy from their colonial regime. (True/False)

Ans: True.

5. The ‘Hybrid Legal System’ is one in which more than one Legal System Coexist. (True/False)

Ans: True.

6. The term ‘Mixed Legal System’ is also used to denote ‘Hybrid Legal System’. (True/False)

Ans: True.

TERMINAL EXERCISES

1. Discuss the role of ‘Custom’ in the Personal Law of Christians, Parsis and Jews. Do you think that the Custom does not play any role in their lives?

Ans: Christians: Custom plays a vital role in the Personal Law of Christians in India. Various Christian communities, such as the Malankara Syrian Christians of Kerala, follow customs codified in the Hudaya Canon. With the arrival of the Portuguese, the Roman Catholic Code of Canon Law was implemented, yet many communities continued their own customary practices. During British rule, these customs were codified through the Indian Divorce Act (1869) and the Christian Marriage Act (1872). Customs also influence succession and adoption, as seen among Syrian Christians and those in Punjab. Thus, even today, customs continue to shape Christian personal law, showing that they play a significant role in their lives.

Parsis: Custom plays a significant role in the Personal Law of Parsis. Their customs govern important aspects of life such as marriage, adoption, and succession. Marriage among Parsis follows religious rituals from the Avesta, and only marriages between Parsis are recognized. A Parsi cannot marry a non-Parsi without losing religious and social rights. Custom also dictates that one becomes a Parsi only by birth. In adoption, the practice of ‘Palak’ adoption exists, where a son is nominated to perform after-death ceremonies rather than gaining inheritance rights. Earlier, Parsi Panchayats managed customs of succession and community welfare. Therefore, custom continues to play an essential role in their lives and traditions even today.

Jews: Yes, custom continues to play a significant role in Jewish life, though its influence is balanced by religious law. Jewish communities across the world whether in India, Europe, or Israel maintain specific customs in areas such as: Marriage rituals,

Dietary practices (Kashrut).

Festivals and Sabbath observances, and.

Family and community ceremonies.

These customs may differ in form but remain rooted in the same spiritual and ethical framework derived from Jewish law. Even though the Rabbi no longer acts as a civil judge, he continues to guide the community spiritually and ensure customs are followed in harmony with Halakha.

Thus, while custom does not override divine or codified law, it plays a vital complementary role preserving cultural identity and continuity within Jewish personal law.

2. Describe some of the salient features of the legislation on Personal Law for Christians and Parsis.

Ans: A. Personal Law for Christians:

(i) Marriage Regulation: Governed by the Indian Christian Marriage Act, 1872. Marriage must be solemnized by a licensed priest or minister and registered officially.

(ii) Age and Consent: The minimum age is 21 years for men and 18 years for women; consent must be free and voluntary.

(iii) Monogamy: Bigamy is prohibited; marriage is void if one party already has a spouse.

(iv) Divorce and Judicial Relief: The Indian Divorce Act, 1869 allows divorce on grounds like adultery, cruelty, desertion, conversion, and insanity.

(v) Inheritance: The Indian Succession Act, 1925 provides for equal inheritance rights to sons and daughters.

B. Personal Law for Parsis:

(i) Marriage and Divorce: The Parsi Marriage and Divorce Act, 1936 requires religious ceremony before a Parsi priest and two witnesses.

(ii) Age and Monogamy: Minimum age: 21 for men and 18 for women; only one marriage permitted.

(iii) Parsi Matrimonial Courts: Special courts handle marriage and divorce cases with community participation.

(iv) Succession: Governed by Indian Succession Act, 1925, ensuring gender-equal inheritance rights.

3. How is a ‘Hybrid Legal System’ different from other Legal Systems of the world?

Ans: A Hybrid Legal System is one in which more than one form of law coexists within a single country. It combines elements of Common Law, Civil Law, Religious Law, Customary Law, or Socialist Law, making it more inclusive and adaptable to social and cultural diversity.

Unlike a Common Law System, which is primarily based on judicial precedents, or a Civil Law System, which depends on codified statutes, a hybrid system draws from multiple legal traditions to meet the needs of its people. It integrates judge-made law, codified principles, and customary or religious norms into one framework.

Countries such as India, South Africa, Seychelles, the Philippines, Greece, Quebec (Canada), Louisiana (U.S.), and Scotland follow hybrid systems. For instance, India applies common law in courts but also recognizes customary practices, religious personal laws, and socialist principles from its Constitution.

This system allows societies to preserve native traditions while embracing modern legal developments. It differs from other systems by balancing multiple legal influences instead of relying on just one, ensuring flexibility, cultural respect, and a broader sense of justice.

4. Assess the role of the Courts to recognize Customary Rules of Christians, Parsis and Jews..

Ans: Assess the Role of the Courts to Recognize Customary Rules of Christians, Parsis and Jews are:

(i) Judicial Function: The courts in India play an important role in interpreting and recognizing the customary laws of minority communities such as Christians, Parsis, and Jews. These customs are accepted only when they are ancient, certain, continuous, and not opposed to public policy.

(ii) For Christians: The Indian courts have acknowledged canon law and church customs in matters of marriage, prohibited relationships, and succession.

In Lakshmi Sanyal v. Sachit Kumar Dhar (1972), the Supreme Court accepted canonic rules regarding marriage.

Courts also recognize Syrian Christian customs, such as the adoption of a son-in-law in Kerala.

(iii) For Parsis: The judiciary recognizes the community’s religious and social customs, including the Palak (adopted son for spiritual purposes).

Special Parsi Matrimonial Courts with community delegates interpret customs along with the Parsi Marriage and Divorce Act, 1936.

(iv) For Jews: The Bombay High Court has accepted Jewish customs in marriage, betrothal, divorce, and succession cases, ensuring justice according to Talmudic and Rabbinical principles.

Conclusion: The courts thus safeguard religious freedom and cultural identity while ensuring that customary rules conform to constitutional principles of equality and justice.

5. Match the legislation and Customs in column ‘A’ with corresponding application in column ‘B’.

A	B
(a) Indian Succession Act, 1925	Parsi
(b) Ashirvad Ceremony	Jews
(c) Kaseph Kiddushim	Christians
(d) Indian Divorce Act, 1869	Christians and Parsis

Ans:

Column A	Column B
(a) Indian Succession Act, 1925	Christians and Parsis
(b) Ashirvad Ceremony	Parsi
(c) Kaseph Kiddushim	Jews
(d) Indian Divorce Act, 1869	Christians

Project:

Survey your District Town and identify 3-5 people belonging to Christians, Parsi and Jewish communities. Do not bother if you do not find any Parsis and Jewish persons in your District Town. But you will definitely find some Christian people. Try to know from them the customary rules which they have been following for a long time and have been recognized by the legislature or the courts.

Sl.No.	Name of the Person	Customary rules followed by them	Rules recognized by legislature/judiciary
1.
2.
3.
4.
5.

Ans:

Sl. No.	Name of the Person	Customary Rules Followed by Them	Rules Recognized by Legislature/Judiciary
1.	Mr. Joseph D’Souza	Marriage is performed in a church by a priest with the exchange of vows and rings.	Recognized under the Indian Christian Marriage Act, 1872.
2.	Mrs. Mary Fernandes	Divorce and other matrimonial matters are settled according to Christian personal law.	Recognized under the Indian Divorce Act, 1869.
3.	Mr. Peter Lakra	Property is inherited according to Christian succession laws.	Recognized under the Indian Succession Act, 1925.
4.	No Parsi family found in the district.	—	Parsi customs are generally recognized under the Parsi Marriage and Divorce Act, 1936.
5.	No Jewish family found in the district.	—	Jewish marriage customs (such as Kaseph Kiddushim) are recognized by Indian courts based on established personal law and customs.

Conclusion:

During the survey, Christian families were found in the district, while no Parsi or Jewish families were available for interaction. The survey showed that many customs relating to marriage, divorce, and inheritance are protected and recognized under Indian laws and judicial decisions. These laws help preserve the religious and cultural traditions of different communities while ensuring legal validity.

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