Abstract:
This study examines the Buddhist Ecclesiastical Law in its historical
perspective and the current law in relation to Buddhist Vihares and the mode
of succession 10 the of lice of Viharadhipathi. In this exercise relevant
legislation and the case law are analvzed.
Buddhist Ecclesiastical law in Sri Lanka has evolved through the past centuries to become a living force, which reveals through examination the inextricabte link between Sinhalese culture and Buddhism and the role played by the religion in the growth of the laws and customs of the country.
On account ofthe enormous service rendered bv the Buddhist monks toward the stability and progress of the country, the educational and moral enlightenmentof the people,prosperity and happiness of the society, the kings bestowed extensive tracts of lands, on the temples for their maintenance and upkeep, which is evident from the Mihintale slab inscription of King Mahinda IV and the Mahavansa.
The apointment of chiefs and priests of temples was a prerogative of the king of Kandyan Kingdom. In keeping with the ancient tradition, according to article 5 of the Kandyan Convention of 1815, the British government undertook to maintain and protect Buddhism and Buddhist temples. However,
later the withdrawal of the British Government from temples affairs plunged
the Buddhist temples into a deep crisis, There appeared on the scene, during
the 19' century, in addition to patriotic laymen a few Buddhist monks of
heroic cnaracter intent on revivinsr the notion and its religion. One of such
eminent Buaahist scholar was Ven. Hikkaduwe Sri Sumangala Nayaka Thero who estahlishcd in 1873 the Vidyodaya Pirivena of Maligakanda which gave to birth to our University of Sri Jayewardenenpura.
Temple property and the rights of Viharadhipathi have been regulated by successive Buddhist Temporalities Ordinances passed in 1889. 1905 and 1931 The statute now in force is chapter 396 as amended by the Buddhist Fcrnporalities (Amendement) Ordinance No, 22 of 1980.
The infiltration made by the English law of Trust into Sanghika property has hindered the growth of the Sasana and made the Buddhist priest a trustee which subsumes the lay concept of 'possession '. Since a temple exists for the `spiritual 'welfare of the community, it is imperative that the temple becomes a corporate entity so that endowments be madefor the benefit of the Sangha and not to an individual bhikkhu .
Doubts, difficulties and impediments may have been encountered by Viharadhipathis, Trustees and the Commissioner of Buddhist affairs in the working of an Ordinance which has- been in existence for more than 75
years. Therefore, it is recommended that the subject befully examined either by a Commission of Inquiry appointed under the Commissions of Inquiry Act or a Presidential Committee.
