Introduction the hindu law is credited to be the most ancient law system which is approximately 6000 years old. The word shruti has been derived from the verb shru which means to hear. Several principles of hindu law have been held invalid on the ground that they infringe the fundamental rights. Manusmriti, translated as the laws of manu or the institutions of manu, is the most important and authoritative hindu law book dharmashastra, which served as a foundational work on hindu law and jurisprudence in ancient india at least 1500 years. The government of the state is basically machinery for making and enforcing laws. In comparison with modern law, the classical hindu law was a peculiar legal system as it followed a unique arrangement of law and polity with a unique scheme of values. Their source has originated after the establishment of english state in india, when english rulers started enacting several laws. Hindu law explained nature, scope and sources of hindu law hindu law is a. The concept of hindu law is deeply rooted in the hindu philosophy and hindu religion. May 31, 2011 by way of explanation, davis says that the need to know the details of hindu law for the sake of a nonintrusive colonial administration has put us in the habit of only learning about hindu. Source of law is a basis, which enables the court to interpret law.
Hindu law from thousands of years people living in the indian subcontinent have been leading their lives by following the guidelines and concepts given in the vedas. However, islamic law is based on a mans duties or obligations rather than his rights. According to manu there are four sources of hindu law as per following details, in addition to these four there was also that what is agreeable to ones conscience such as shruti, smriti, digest and commentaries, custom and usages. The ancient hindu law mentioned about the following kinds of son i. Religious law in this guide is seen as a branch of comparative law and legal study. Judicial decisions pronounced by the courts upon the various points have also developed as sources of law. The sources of hindu law can be kept under two headings. India is a country in south asia whose name comes from the indus river. The hindu law were bound by the divine laws contained in the smritis, and these were applicableto kings and subjects a like. It was revealed to the people by god through vedas. Hindu law ancient and modern sources of hindu law by. Sources and schools of hindu lawand muslim law free download as powerpoint presentation.
The hindus believe that their law is of divine origin and to them this is positive law emanated from thedeity. Sources and schools of hindu lawand muslim law vedas. Studies on ancient societies show that the lives of the primitives were dictated by the customs which developed during that time period because of the circumstances. There is the twofold classification of the sources of the hindu law. All the above sources can be enumerated as hindu widow remarriage act 1856. There are also several areas where hindu law is silent. For more contextual information, for instance about western imperialism, the islamic world, or the history of a given period, check out these web sites.
Until the modern times, it was the standard reference for adjudicating civil and criminal. Doc hindu law college notes for exames naveen kumar. 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. Personal law is defined as a law that applies to a certain class or group of people or a particular person, based on the religions, faith, and culture. As the inevitability of law in life of state is wellknown, the question automatically crops up as to how law originate. Sources of islamic law and sources of law in pre mugbal period and mugbal period muslim law or islamic law was one of the major important legal systems of the medieval world. For example, the rule of damdupat is hit by article 151 of the constitution and as such would be void under article 1. Sources of hindu law ancient and modern indian news, law. Hinduism is a compilation of many traditions and philosophies and is considered by many scholars to be the worlds oldest religion, dating back more than 4,000 years. The ancient hindu social structure and its continuance in modern times is, to a great extent, outcome of the hindu philosophy and religion. Mayne in his hindu law and usage recognised this fact when he says, hindu law has the oldest pedigree of any known system of jurispudence and even now it shows no sign of decrepitude. The hindu law of inheritance amendment act, 1929 the hindu marriage disabilities removal act, 1946 the hindu married womens right to separate residence and maintenance act, 1946 the hindu widows remarriage act, 1856 the hindu womens rights to property extension to agricultural land act, 1943.
This tutorial is centred around the fundamentals of hindu law in the indian penal code. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. It was said that persons becoming hindu by conversion are also hindu and the hindu law applies over them too. Read important articles on hindu law only at legal bites hindu law legal bites the sources of hindu law can be kept under two headings. According to manu there are four sources of hindu law as per following details, in addition to these four there was also that what. The blog post explains how these sources helped in the development of muslim law. Hindu law is considered to be the most ancient and prolific law in the world. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. Chapter 2 property rights of hindu women under uncodified law. Muslim law is a religious law, and it applies to a person, who is muslim either by birth or by proselytization.
Chapter1st sources of islamic law and sources of law in. Sources of hindu law the hindu law is credited to be the most ancient law system which is approximately 6000 years old. Chapter1st sources of islamic law and sources of law in pre. Aug 05, 2014 in hindi in hindi in hindi in hindi in hindi in hindi most of the hindu law is based on customs and practices followed by the people all across the country. May 16, 2017 the concept of hindu law is deeply rooted in the hindu philosophy and hindu religion. Ancient india represented a distinct tradition of law, and had a historically independent school of legal theory and practice.
Hindu philosophytheology influenced the ancient greeks since the time alexander the great conquered parts of north india. Sep 16, 2012 impact of hindu law enactments in fundamental rights. For about 2,500 years it was based on the same primary sources, sanskrit texts. The sources of hindu law are ancient as well as modern. Ancient sources i shruti it literally means that which has been heard.
Hindu women s right to separate residence and maintenance act 1946. According to manu there are four sources of hindu law as per following details. It was held in this case that the hindu law applies not only to those who are hindu by birth but also applies to those persons who have become hindu by conversion. Source of law is a method by which the rules have been discovered or created. Origins of hindu law it is believed that hindu law is a divine law. Aug 24, 2015 an introduction to ancient indian laws law in india has primarily evolved from customs and religious prescription to the current constitutional and legal system we have today, thereby traversing through secular legal systems and the common law. The son under the hindu law has been assigned utmost importance in the hindu dharamshastras, male issue was treated as necessary for protecting the deceased parents from the sufferings of the hell and to perform their funeral obligations. Ancient sources before the codification of hindu law, the ancient literature was the only source of the law. It is one of the most ancient system of law known to the world. Evam chalurvidam prahuhu sakshat dharmasya lakshanam. Now all the important points of hindu law are found in the law reports. Dharma was not only justification for state but its ultimate cause and support. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in the vedas. All you want to know about sources and schools of hindu law.
The last important source of hindu law is the legislation. Sources of hindu law 1 free download as powerpoint presentation. In india, the islamic laws also played very significant role in structuring the indian. It is the storehouse of ancient wisdom, inherited from holy, sages, saints, philosophers and thinkers whose ideas were derived from imperishable vedas and who can literally be described as the torchbearers of learning and knowledge to the rest of the world as it then existed. All creature grown on the growth of righteousness and decay with its decay.
It is the supreme power of the state over all its people and territories. In this chapter, we will learn about the personal laws of hindu, muslims and the christain community. By sources of law we mean its beginning as law and the point from which it springs or emanates. Far from being wholly academic, however, comparative law is a practical approach in the service of 1 legal education 2 the. Class notes on family lawhindu law 1 adv gr rajesh kumar. According to manu there are four sources of hindu law as per following details, in addition to these four there was. There is hardly any importance left of the ancient sources since the time the modern sources have emerged and been followed. Hindu law explained nature, scope and sources of hindu law.
The oldest sources of hindu law are the vedas 1500800 b. Jun 16, 2017 the sources of hindu law can be kept under two headings. It is also known as the commentaries and the digestives of the smritis. Most of the ancient sources of hindu law is written in sanskrit and it is well known that in the present times there is a dearth of sanskrit scholars.
Sources of hindu law sources of hindu law can be divided into two parts ancient and modern. An introduction to ancient indian laws law in india has primarily evolved from customs and religious prescription to the current constitutional and legal system we have today, thereby traversing through secular legal systems and the common law. Ancient sources include religious text such as shrutis and the smritis, apart from that there are various upanishads which also were a part of. Hindu law is one of the oldest systems of personal law. These schools have widened the scope of hindu law and explicitly contributed in its development. Further, it is argued here that comparative law itself may most usefully be seen as part of the tradition of legal philosophy. Modern sources schools of hindu law are considered to be the basic source of hindu law which constituted in the development of the hindu law from its roots. Nov 24, 2016 sources of hindu law the hindu law is credited to be the most ancient law system which is approximately 6000 years old.
Sources of family law hindu, islamic and christian law. This chapter briefly describes the evolution of ancient indian law. Laws were enacted in accordance to the state, time and circumstances, there were amended too. The ultimate aim of life, according to hindu law is to achieve salvation or moksha from the physical world. Ancient sources are the source that developed the concept of hindu law in ancient times. The hindu law is credited to be the most ancient law system which is approximately 6000 years old. Ancient indian jurisprudence banaras hindu university. A remarkable similarity has also been demonstrated between the religion and mythology of the ancient scandinavian people and that of the people of india. Adoption under hindu law legal bites law and beyond. Justice markandey katju, judge, supreme court of india speech delivered on 27. Since the laws propounded by the courts have the effect of superseding the. Hindu law claims one of the longest continuous histories of any legal system in the world. The anglo hindu law was evolved from the classical hindu law during the british rule in india from 1772 to 1947.
Manusmriti the laws of manu introduction the real hindu. Aug 30, 2017 this tutorial is centred around the fundamentals of hindu law in the indian penal code. Sources of hindu law ancient and modern indian news. It had structured a new idea or new political, social and cultural ideas. Another case morarji vs administrator general1929 madras. The state exercises its sovereign power through its laws. The anglohindu law was evolved from the classical hindu law during the british rule in india from 1772 to 1947.
Manusmriti the laws of manu the real hindu website. Sovereignty is its exclusive and most important element. Manu has defined sruti as follows by sruti or what was heard from above from god is meant the veda. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era indian texts.
Today most of the subjects of hindu law has been codified. The concept was initiated in for the welfare of the people. There is hardly any importance left of the ancient sources since the time the. Codification of hindu law 1 general hindu law has the.
Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in. The classical hindu law includes the diverse legal practices connected with the vedic traditionsin some ways and existing from the vedic times until 1772 when the british adopted rules for administration of justice in bengal. The custom must have evolved from time immemorial i. In other words, it can be said that all persons different from mussalman, christain,parsi or jew are hindu and the hindu law applies over them, who are i atheist or ii believes in all religion, or iii believes in religion which is maximum of all. Principle sources of law customs, types of customs and. It may be the authority which issues rules of conduct which are recognized by courts as. When a certain activity is performed in a certain way, many many times, it becomes a custom.
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