Sources Of Hindu Law Ancient And Modern Pdf
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Hindu law is considered to be the most ancient and prolific law in the world. It has been around every phase. It is about years old.
- Sources of Hindu Law
- Sources of Hindu Law
- Ancient and Modern Sources of Hindu Law: A Concise Overview
- Schools And Sources Of Hindu Law
Sources of Hindu Law
Hindu law is considered to be the most ancient and prolific law in the world. It has been around every phase. It is about years old. Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation.
Originally Hindu law was established so that the need of the people gets fulfilled. The concept was initiated for the welfare of the people. It is a foreign origin. The Hindu law has been modified through centuries and has been existing since the last years and has also continued to govern the social and moral figure of Hindu life by following the different elements of Hindu cultural life. We know that the word Dharma is related to Hindu law. Looking at the contexts and the religious references Dharma has different meanings just like, the Buddhists believe that the word Dharma means only a universal law which is very much essential, and the Jains and the Sikhs believe that it is only a religious path for the victory of the truth.
According to the Hindu Jurisprudence, Dharma means the duties in many ways. Just like the sociological duties, legal duties or spiritual duties. Through this context, we can say that Dharma can be referred to as the concept of justice. They are patience, forgiveness, self-control, honesty, sanctity cleanliness in the mind, body and soul , control of senses, reasons, knowledge, truthfulness and absence of anger.
Hindu epics like the Ramayana and Mahabharata also refers to Dharma. And also at that time, the king was known as Dharmaraj because the main motive of the king was to follow the path of Dharma.
Despite the other schools of Jurisprudence, the Hindu Jurisprudence takes more care over the duties more than the rights. The nature of these Dharma changes from person to person. Being a highly religious concept in nature, Dharma is multi-faceted. It contains many laws and customs in a large range of subjects which is essential and needed to be followed by each and every person.
For example, Manusmriti deals with religion, administration, economics, civil and criminal law, marriage, succession, etc. These we study mainly in our law books. This case is related to the Swami Narayan temple in Ahmedabad. There is a group of people called the Satsangi who were managing the temple and they restricted non-Satsangi Harijans from entering the temple. They argued that Satsangi is a different religion and they are not bound by Hindu Law. In this case, Perumal was the father of Poonuswami who got married to an Indian Christian.
In the future due to certain differences, they were living separately. In the future, the mother of Poonuswami asked Perumal for the share of his properties. The Supreme Court of India held that a real intention is sufficient evidence of conversion and no formal ceremony of purification is needed Conversion of Hinduism.
So it is not void and Poonuswami would get a share. Ancient sources are the source that developed the concept of Hindu law in ancient times. It is further classified into four categories. The term Shruti means what has been heard. It contains the sacred words of the god.
This source is considered to be the most important and essential source of all. They have religious nexus with a person and help him in a way to attain the knowledge of salvation and incarnation. It is considered to be the primitive source containing the knowledge of the law.
Smritis are considered as text which has been remembered and then interpreted by the rishis throughout the generation. There is a further classification of the term Smrities which are as follows. The third ancient source of Hindu law is commentaries and digestives.
Commentaries and digestives have expanded the scope of Hindu law. It played a very major role in developing the very concept of Hindu law. It helped in the interpretation of the smritis. Single interpretation of the smritis is called as a commentary while different interpretations of the smritis are known as digestive. Dayabhaga and Mitakshara are considered to be the two most important commentaries. Customs is the tradition that has been practiced in society since ancient times.
It is the type of practice that is under the continuous observation of the people and has been followed by the people.
Legal custom is those customs which are enforceable or sanctioned by law. There are two types of legal customs. Conventional customs are customs that are related to the incorporation of an agreement and it is conditional. Deivanai Achi v. In the instant case it was held that in order to become legally sanctioned by law and binding on the people a custom must be continuous in practice, it should not be vague and ambiguous and should not oppose the well established public policy.
A customary rule must be in the complete observation of society. Laxmi v. In the instant case, the supreme court stated that a custom becomes legally enforceable when the majority of people make the continuous use of such practice. Generally when a custom attains judicial recognition no further proof is required, however in certain cases where the customary practices do not attain the judicial recognition, the burden of proving lies on the person who alleges its existence.
In the instant case the supreme court stated that a custom brought before a court several times, the court might hold that such custom has been enforced by the law with the necessity of its proof. Judicial decisions are considered to be the most important ingredient of modern sources.
Judicial decision is considered to be authoritative and binding. The doctrine of precedent was established and it was applied in the cases resembling the same facts and circumstances of a case already decided. The legislation is considered to be the codification of customs which plays an essential role in expanding the concept of Hindu law.
Legislations are enacted by the parliament. Justice equity and good conscience is the basic rule of law. In Gurunath v Kamlabai the supreme court held that in the absence of any existing law the rule of justice equity and good conscience was applied. In the instant case, the privy council barred the murderer from inheriting the property of the victim. The legislation is considered to be the most important source of Hindu law.
It is considered as a base for the growth of Hindu law in the modern world. It has been stated that in order to meet the new conditions of society it became a necessity to codify the law. Schools of Hindu law are considered to be the commentaries and the digestives of the smritis. These schools have widened the scope of Hindu law and explicitly contributed to its development. Mitakshara School: Mitakshara is one of the most important schools of Hindu law.
It is a running commentary of the Smriti written by Yajnvalkya. This school is applicable in the whole part of India except in West Bengal and Assam. The Mitakshara has a very wide jurisdiction. However different parts of the country practice law differently because of the different customary rules followed by them. These law schools come under the ambit of Mitakshara law school. They enjoy the same fundamental principle but differ in certain circumstances.
Viramitrodaya Nirnaya Sindhu vivada are some of its major commentaries. This law school exercises its authority in the territorial parts of tirhoot and north Bihar. The principles of the law school prevail in the north. The major commentaries of this school are Vivadaratnakar, Vivadachintamani, smritsara. The Maharashtra law school has the authority to exercise its jurisdiction over the territorial parts including Gujarat Karana and the parts where the Marathi language is proficiently spoken.
The main authorities of these schools are Vyavahara Mayukha, Virmitrodaya, etc. This law school tends to cover the whole southern part of India. It also exercises its authority under Mitakshara law school. The main authorities of this school are Smriti Chandrika, Vaijayanti, etc. This law school was predominantly established in east Punjab. It had established its own customs and traditions. The main commentaries of this school are viramitrodaya and its established customs. Dayabhaga school predominantly prevailed in Assam and West Bengal.
This is also one of the most important schools of hindu laws. It is considered to be a digest for the leading smritis. Its primary focus was to deal with partition, inheritance and joint family.
According to Kane, it was incorporated in between A. Dayabhaga school was formulated with a view to eradicating all the other absurd and artificial principles of inheritance. All prohibited relationships are Sapinda but all Sapinda relationships are not prohibited relationships.
Hindu Marriage refers to kanyadan which means gifting a girl to the boy by the father with all the tradition and rites or custom. Hindu marriage is an ancient tradition which is prevailing from the Vedic periods to the modern world with different modifications that have occurred until now. There are 16 sacraments in the Shastri Hinduism in which marriage is one of the important sacraments of Hinduism.
Sources of Hindu Law
This article discusses the ancient and modern sources of Hindu Law through a concise overview and depiction of the various origins of such laws. It also talks about the pattern of lineage in carrying these laws and the continuous time frame, culture and customs that have been essential factors in promoting and abolishing the inherent causes of it. A Hindu is an adherent of Hinduism. The personal laws which governed and are even now governing the social life of Hindus such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc. It is believed that Hindu law is a divine law. It was revealed to the people by God through Vedas. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in the Vedas.
Hindu Law is believed to be divine law. It had been revealed by God through Vedas to the people. The abstract principles of life outlined in the Vedas had been expanded and refined by various sages and ascetics. People living on the Indian subcontinent have led their lives by following the guidelines and concepts provided in the Vedas for thousands of years. Such guidelines developed into laws that were followed by the people and implemented by the rulers, and thus became the law of truth.
Sometimes, the family lawyers act as counselors, mediators, conciliators, negotiators, etc. The courts that adjudicate on family law matters sometimes also act mediators as they try to reconcile members of the same family to solve their issues is amicably so as to preserve their relationship. Family Law Marketing. That is the excellent mindset, nonetheless is just not help to make every sence whatsoever preaching about that mather. Virtually any method many thanks in addition to i had endeavor to promote your own article in to delicius nevertheless it is apparently a dilemma using your information sites can you please recheck the idea.
Ancient and Modern Sources of Hindu Law: A Concise Overview
A Hindu is an adherent of Hinduism. It is believed that Hindu law is a divine law. It was revealed to the people by God through Vedas. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in the Vedas.
India is a country that has abundant personal laws, each community has its own personal law. The Hindu, the majority community have separate family law, so have Muslims, Christians, Jains, Sikhs. Hindus and Muslims have since time immemorial maintained that their laws are of divine origin. However, no such claim is made by other communities. The modern Hindu law, by judicial interpretation and legislative modification, has undergone a dramatic change, so much that any claim of divinity can hardly prevail.
Hindu law is a very old law which is about years old, Hindu are the people who follow the religion of Hindu according to section 2 of the Hindu marriage act Hindu includes Buddhism, Jain, Sikhs or does not include Muslims, Jews, Parsis etch are called Hindus.
Schools And Sources Of Hindu Law
Address proof of the witnesses. With Lead India law associates. For more information.
It may be the authority which issues rules of conduct which are recognized by Courts as binding. It may mean the social conditions which inspires the making of law for the governance of the conditions Sources of Hindu Law: A critique.