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( 11 ) matter and perhaps the opposite si de were not so situated as to procure rare hand-written manuscripts of Shastras for production in Coui t. Alas ! the Modern Judge does not, unlike the despised
Qazi of old, himself feel called upon to collect the material for decisi on; he is perhaps some times more critical, but the material has to be placed before him. Those who follow have the light of his ruling to guide them in their decision, and to secure dissent from a pre-existing precedent is by no means an easy task, as every lawyer knows full well.
As for the Jainas themselves, they shut up shop, virtually removing the sign-board, when the Mohammedans came. The invaders showed such marked animosity to Jaina religion that they destroyed Jaina temples and scriptures wherever they came across them. The Jainas were generally understood (in reality misunderstood) to be atheists and this probably was the reason why they suffered so much from the hands of the Muslim invaders, Be that as it may, the fact is that the Jainas buried their libraries underground to preserve them, and there the scriptures remained untill they were devcured by rats and white-ants and crumbled away into dust. Bitter experience in the past made the Jainas look askance at the great foreign power which succeeded the Moghul rule, and it is only within the last 20 years that the Jaina Scriptures have begun to be published in any language. I doubt if a Jaina would even to-day hand over a hand written shastra from a Jaina temple to an official in the Court, so imbued is he with the spirit of veneration for the Scripture and apprehensive of contamination and disrespect for the Word of Law.
AMONGST THE JAINA LAW BOOKS RE:(1) Bhadrabahu Samhita which is about 2300 years old ( see Rhys Davids' Buddhist India p. 164 as to the age of the author, also the Heart of Jainism p. 70). This has now been translated into English by Mr. J. L. Jaini barrister-at-law and for some time a Judge of the Indore High Court. Dr. Gour himself quotes shlokas 39 to 49 of this work in para 759 00 P. 360 of the Hindu Code.
(2) Vardhman Niti (probably the same as described as Vardhmana on p. 255 of the Bombay ruling noted above). This was written about 1011 A. D. (see Jaini's Jaina Law p. 105 and the authorities cited there),
(3) Arhana Niti which is about 800 years old (see p. 108 of the Jaina Law).
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