Law245

Topics: Death, Cremation, Death customs Pages: 6 (2128 words) Published: August 9, 2013
DEFITION OF CUSTOM.
Custom is a pattern of social behavior which has been accepted by a bulk of a given society as binding upon its members because such behavior has been found to be beneficial to them. Customs are derived from social norms, which are those rules or standards that guide, control, or regulate proper and acceptable behavior of a group. These norms define the shared expectations of a group and enable people to anticipate how others will interpret and respond to their words and actions if there is deviation from a custom. For example, if one has an infectious disease, typically the custom within the general community is to act in a manner to prevent infecting others. Failing that, the customary responses from others may range from ignoring the individual's behavior, verbally reprimanding, or even ostracizing him or her for threatening the health of other members.

DEFINITION OF CUSTOMARY LAW.

Customs are another important source of unwritten law. Every race has its own customs. Hindu and Chinese customary law applied to the Hindus and Chinese respectively. Besides that, natives in Sabah and Sarawak have their own customary law which relates to the land and family matters. In Malaysia, there are two types of Adat which is the Adat Perpateh and Adat Temenggung. Adat Perpateh is practiced among the Malays in Negeri Sembilan and Nanning in Malacca. It uses the matrilineal system which belongs to mother's lineage, meaning to say it involves the inheritance of property, names or titles from mother to daughters. It also concerns with matters such as land tenure, lineage, inheritance and election of members of lembaga and Yang di-Pertuan Besar. As for Adat Temenggung, it is practiced in other states and it uses the patrilineal system which belongs to father's lineage.

CUSTOM OF INDIAN FUNERAL.

Hindus believe in reincarnation and view death as the soul moving from one body to the next on its path to reach Nirvana, heaven. Death is a sad occasion, but Hindu priests emphasise the route ahead for the departed soul and a funeral is as much a celebration as a remembrance service. Hindus cremate their dead, believing that the burning of a dead body signifies the release of the spirit and that the flames represent Brahma, the creator. Family members will pray around the body as soon as possible after death. People will try to avoid touching the corpse as it is considered polluting. The corpse is usually bathed and dressed in white, traditional Indian clothes. If a wife dies before her husband she is dressed in red bridal clothes. If a woman is a widow she will be dressed in white or pale colours.

The funeral procession may pass places of significance to the deceased, such as a building or street. Prayers are said here and at the entrance to the crematorium. The body is decorated with sandalwood, flowers and garlands. Scriptures are read from the Vedas or Bhagavad Gita. The chief mourner, usually the eldest son or male, will light some kindling and circle the body, praying for the well being of the departing soul. After the cremation, the family may have a meal and offer prayers in their home. Mourners wash and change completely before entering the house after the funeral. A priest will visit and purify the house with spices and incense. This is the beginning of the 13-day mourning period when friends will visit and offer their condolences.

'Shradh' is practiced one year after the death of the person. This can either be an annual event or a large one-off event. This is the Hindu practice of giving food to the poor in memory of the deceased. A priest will say prayers for the deceased and during this time, usually lasting one month, the family will not buy any new clothes or attend any parties. Sons are responsible for carrying out Shradh.

PROCESS OF INDIAN FUNERAL.

Traditionally, a Hindu dies at home. Nowadays the dying are increasingly kept in hospitals, even when recovery is clearly...


References: http://www.lawteacher.net/free-law-essays/2-2-essays/legal-system-of-malaysia.php#ixzz2MYdvSdkJ
 http://www.answers.com/topic/customs#ixzz2MYkDef8a
 Roy, Amit (2010). "UK funeral rights for Hindus". The Telegraph.
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