Tibet is distinct within the Buddhist regions of Asia for its claims to have developed religious laws. The rulers of its early empire civilized their people by creating laws on the basis of Buddhist principles—or so it is claimed by the writers of Tibetan historical narratives. In fact, the earliest Tibetan laws were not linked in any significant way with Buddhist principles, even after the religion had been firmly established in the region. In this article I explore why and how the idea of Buddhist law first emerged, examining its development through a number of texts from the empire (sixth to ninth centuries) and the immediate postimperial period (tenth to twelfth centuries). It turns out that more ideological accounts of Buddhist law were developed only as the structures of the empire were collapsing. Nevertheless, they do seem to have resonated with at least one, tenth-century ruler. These narratives set the scene for a long series of historical accounts in which the idea that Tibetan law was based on Buddhist principles took hold—an idea that was maintained well into the twentieth century.

Myanmar is the only Buddhism-majority country in the world that has developed and maintained a system of family law for Buddhists enforced by the courts. This article considers the construction of Burmese Buddhist law by lawyers, judges, and legislators, and the changes made through legislative intervention in 2015. It begins by addressing the creation and contestation of Burmese Buddhist law to demonstrate that it has largely been defined by men and by its perceived opposites, Hinduism and Islam. Three aspects of Burmese Buddhist law that affect women are then examined more closely. First, Burmese Buddhist law carries no penalties for men who commit adultery, although women may risk divorce and the loss of her property. Second, a man can take more than one wife under Burmese Buddhist law; a woman cannot. Third, restrictions on Buddhist women who marry non-Buddhist men operate to ensure the primacy of Burmese Buddhist law over the potential application of Islamic law. This article deconstructs the popular claim that women are better off under Burmese Buddhist law than under Hindu law or Islamic law by showing how Burmese Buddhist law has been preoccupied with regulating the position of women. The 2015 laws build on this history of Burmese Buddhist law, creating new problems, but also potentially operating as a new source of revenge.