The HINDU Law

Hindu Law is a living system of rules that describes the right procedure and behaviour of living in a society. The Hindu religious tradition itself is a vast confederation of religions, which has no founder, no defining creed, and no centralized authority. Nevertheless, it has maintained overall coherence, vitality, and far-reaching influence for many centuries, mainly because it is based on a dynamic philosophy of life known as Vedanta. Vedanta has a unique culture. Another unique feature of Indian culture is the spirit of religious toleration and freedom

Applicability of Hindu Law

Who is Hindu: The term Hindu is a general term it denotes all those persons, who are profess Hindu religion either by birth or by conversion to Hindu faith.

Sources of Hindu Law

I- Ancient Sources

• Shruti (Vedas)
• Smritis
• Commentaries and Digests
• Customs

II – Modern Sources

• Precedents
• Legislation

Law as under shod by the Hindus is a branch of Dharma an expression which signifies duty.

I- Ancient Sources

1 – SHRUTIES:

Shruti is a Sanskrit word. In Vedic era Shruti means “What is heard” & it is the synonym used for Veda. Vedas are considered paramount source of Hindu Law or Hindu Religion. Vedas are four in number:

                      -Rigveda

                      -Yajurveda

                      -Samaveda and

                      -Atha Veda

The Wole Vedas is the first and paramount source of Hindu Law. Veda do not contain positive precepts (Vidhi) on matters of dharma in a connected form. Veda contains incidental references to various topics that fall under the domain of dharma shastra.

Some examples: -marriage adoption in heritance and partition

2 – SMRITIS:

Smritis means “what has been remembered” and is believed to contain the percept of God but not in language they had been delivered. Many sages from time to time have written down the concept given in Vedas.

Smritis which are written in verse (Shloka) are knows:

• Dharam-Shastra
  • Manu Smriti,
  • Yajnavalkya,
  • Narada
  • Katyayana
  • Brihaspati

Smritis which are written in prose or prose and verse are known as:-

• Dharma-Sutra
  • Gautama,
  • Vashistha
  • Baudhyana

3 – Commentaries and Digests:

Commentaries and Digestives have expanded the scope of Hindu Law. It helped in the interpretation of smritis. Single interpretations of smritis is known as commentary while different interpretations of smritis’ is known as digestive. Dayabhaga and Mitakshara are the two most important commentaries.

4 – Customs:

Customs is tradition that has been practiced in society since ancient times. It is type of practice. The custom to be applicable should have following essentials:-

• The custom must be ancient
• It must be certain and uniform
• It must be continuous
• It should not be immoral
• It should not be unreasonable
• It should not be opposed to statutory Law

The codified Hindu Law has nullified customs in most of the matters except in those matters where the customs have been saved in express words.

II- Modern Source of Hindu Law

1- Precedent:

Precedent / Previous judicial decisions are the most important modern source of Hindu Law. Judicial decisions are binding on subordinate courts e.g., if the decision is given by supreme court of India or by the privy council it is bending on all courts.

2- Legislation:

The parliament in accordance with need of society constitutes new laws. No longer need we look to the smritis and Commentaries.

About Post Author

theinfosagar

We, at theinfosagar.com, share the information and it is a platforms for sharing of knowledge amongst human being. It a site meant for knowledge sharing among people. Ca Aryendra Kumar Gangwar

[email protected]

https://www.theinfosagar.com