Influence of Ancient Indian Legislation on Traditional Law in Mainland Southeast Asia: The Study of the Concept of Women
Year: 2025
Type: article
Abstract: Background and Objectives: Since ancient times, the Mainland Southeast Asian kingdoms have engaged in cultural interactions with India, resulting in distinctive social and cultural patterns evident in the region's traditional legal codes. This research aims to examine the concept of women in ancient Indian laws, specifically the Manava Dharmasastra and Kautilya's Arthashastra, and to study the influences of these ancient Indian laws on the legal traditions of Mainland Southeast Asia, particularly with the adaptations of the laws of the Mon, Lan Na, Lan Xang, and Siamese kingdoms regarding their views on women. Methods: This qualitative research employs historical and documentary research methods. Primary and secondary sources, including the documents from online databases, were analyzed alongside field data. The data were analyzed using content analysis and presented in a descriptive-analytical format. Results: Ancient Indian laws, like the Manava Dharmasastra and Kautilya's Arthashastra, had a significant influence on the laws of the kingdoms of Mainland Southeast Asia. However, these kingdoms adopted and adapted these laws selectively, merging them with indigenous traditions rooted in Buddhist principles and local beliefs as part of their cultural assimilation. It led to a distinct concept of women's roles, as demonstrated in the Mon Dhammasat and the traditional laws of Lan Na, Lan Xang, and Siam (The Three Seals Law). The legal provisions that reflect the influence and adaptation of concepts concerning women and gender roles are found in the laws on family, disputes, property, and inheritance. These are 1) family law, which required women to have guardians; 2) adultery laws, which strictly governed male-female relations to maintain social order; 3) varying views on divorce; and 4) women’s rights and responsibilities regarding inheritance law. Understanding women's roles influenced by Indian civilization leads to a deeper comprehension of gender dynamics in history, as well as perspectives on the relationship of gender roles from the past to the present. Application of this study: This study contributes new historical insights into women's roles by analyzing the important legal documents which are ancient Indian laws and the old laws in Mainland Southeast Asia. This constitutes an essential body of knowledge for the study of history and conceptualizations of women in Thailand and related regions, as certain ideas continue to persist through cultural transmission into the present. It also serves as a valuable foundation for further research in the fields of history, gender studies, law, and cultural studies. Conclusions: Mainland Southeast Asian kingdoms were influenced by Indian culture such as the legal concepts from the Manava Dharmasastra and Kautilya’s Arthashastra, the religious and ideological influences of Brahman-Hinduism and Buddhism, including the concepts of womanhood. Nevertheless, these traditional states adapted and merged with local cultures, resulting in their own distinctive social and cultural characteristics. In particular, they shaped social attitudes toward the roles and duties of women, where women were found to possess relatively high status and gender roles, as reflected in the ancient legal codes of these states.
Source: Journal of Arts and Thai Studies
Institutions: Chiang Mai University, Prince of Songkla University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7117553156