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Manugye Dhammathat

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Manugye Dhammathat
Original titleမနုကျယ်ဓမ္မသတ်
TranslatorDr. David Richardson
LanguageBurmese
GenreLaw
Publication date
c. 1756
Publication place Myanmar
Published in English
1847

The Manugye Dhammathat (Burmese: မနုကျယ်ဓမ္မသတ်) is one of the most prominent and influential legal treatises in the history of pre-modern Burma (now Myanmar).[1] It is a key example of the dhammathat genre, which comprised collections of customary rules, judicial decisions, and legal principles that served as a major source of law alongside royal decrees (yazathat).

Origins and compilation

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The Manugye Dhammathat was likely compiled in the 1750s around 1756 during the reign of King Alaungpaya, the founder of the Konbaung dynasty.[2] The treatise was likely compiled by Bhummazeya, the minister of moats, to restore law and order in the Konbaung kingdom.[1] This period marked a significant revival and popularization of traditional Burmese law.[1] In 1753, King Alaungpaya commissioned a monk named Zonta Hsayadaw to prepare an earlier version, the Manuyin Dhammathat, in Pali.[1] This was then translated into Burmese by another monk, Tezothara, in 1755, which paved the way for the more comprehensive Manugye Dhammathat.[1] The term "Manugye" itself means an "elaborated version of the Manuyin."[1]

Extra chapters were likely added to the treatise during the reign of King Bodawpaya.[1]

Content

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The Manugye Dhammathat is not a codified law in the modern sense but rather an encyclopedic record of existing laws, customs, and rulings from earlier dhammathats. It is written in vernacular Burmese prose, with some Pali intermixed, making it more accessible to the general populace than previous, more scholarly legal texts.[1] Unlike some earlier, more academic legal texts, the Manugye Dhammathat aimed to explain Burmese laws in a popular and understandable manner, enabling more efficient governance and public comprehension of legal norms.[1]

The Manugye is deeply influenced by Buddhist principles and often references Buddhist canons, Jataka tales (tales of the Buddha's previous lives), and the Vinaya Pitaka (monastic rules) to support its legal rules.[1] This reflects the pervasive role of Buddhism in Burmese society and its legal thought.[1] It covers a wide range of legal matters, including criminal law, family law (marriage, divorce, inheritance), property law, contract law, legal procedure, and even aspects of kingship and governance.[1]

Like other dhammathats, the Manugye draws its authority from the legendary figure of Manu, a revered ancient lawgiver often linked to the Hindu Manusmriti. While the exact relationship between the Burmese Manu and the Hindu Manu is a subject of scholarly debate, the invocation of Manu provided a sense of antiquity, legitimacy, and universal applicability to the laws. The legend often entwines Manu with Mahāsammata, the first king in Buddhist cosmology, further legitimizing the legal tradition within a Buddhist framework.

Legacy

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The Manugye Dhammathat gained immense popularity and became the most well-known and widely used dhammathat in pre-colonial Burma.[1] It was seen as a foundational guide for judges and kings, embodying the cultural and legal traditions of the Burmese people.[1]

During the British colonial period, efforts were made to identify and compile a "definitive" set of dhammathats, and the Manugye often played a central role in these endeavors, with an English translation first published in 1847 by David Richardson, a British colonial administrator.[3][1] Subsequent editions in English were published in 1874, 1891, and 1896.[1] While British colonial law eventually supplanted much of traditional Burmese law, the principles and influence of the Manugye Dhammathat continued to resonate, particularly in areas of personal law like marriage and inheritance, often referred to as "Burmese Buddhist law." The Manugye continued to be referenced in colonial law courts as the pre-eminent source of Burmese Buddhist law.[4][1]

In the 1920s, Burmese nationalists and jurists advocated to codify Burmese customary law, especially for inheritance, and convened a committee. A second committee was established in 1938 but did not yield an outcome.[3]

Even today, the Manugye Dhammathat remains a crucial historical document for understanding the legal, social, and cultural landscape of pre-modern Myanmar, demonstrating the unique synthesis of indigenous customs, Buddhist ethics, and external legal traditions that shaped Burmese jurisprudence.

References

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  1. ^ a b c d e f g h i j k l m n o p q OKUDAIRA, Ryuji (2000-03-31), A Comparative Study on Two Different Versions of the Manugye Dhammathat : A Leading Law Book in Eighteenth Century Burma (Myanmar), 東京外国語大学アジア・アフリカ言語文化研究所, doi:10.15026/24446, retrieved 2025-05-21
  2. ^ Okudaira, Ryuji; Huxley, Andrew (June 2001). "A Burmese tract on kingship: political theory in the 1782 manuscript of Manugye". Bulletin of SOAS. 64 (2): 248–259. doi:10.1017/S0041977X01000143. ISSN 1474-0699.
  3. ^ a b "Enacting a civil code could open many doors for Myanmar". CCI France Myanmar. Retrieved 2025-05-21.
  4. ^ Crouch, Melissa (May 2016). "Promiscuity, Polygyny, and the Power of Revenge: The Past and Future of Burmese Buddhist Law in Myanmar". Asian Journal of Law and Society. 3 (1): 85–104. doi:10.1017/als.2016.5. ISSN 2052-9015.