Since the laws propounded by the courts have the effect of superseding the. Judicial decisions pronounced by the courts upon the various points have also developed as sources of law. 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. The ultimate aim of life, according to hindu law is to achieve salvation or moksha from the physical world. 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. 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. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in. According to manu there are four sources of hindu law as per following details, in addition to these four there was also that what. All the above sources can be enumerated as hindu widow remarriage act 1856. In support of this premise, it is emphasized that manu, the first. However, islamic law is based on a mans duties or obligations rather than his rights. Jun 16, 2017 the sources of hindu law can be kept under two headings. Ancient indian jurisprudence banaras hindu university.
Classroom live lectures edited, enlarged and updated. 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. It was said that persons becoming hindu by conversion are also hindu and the hindu law applies over them too. All you want to know about sources and schools of hindu law. 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. The concept was initiated in for the welfare of the people. According to manu there are four sources of hindu law as per following. As the inevitability of law in life of state is wellknown, the question automatically crops up as to how law originate. The government of the state is basically machinery for making and enforcing laws. Evam chalurvidam prahuhu sakshat dharmasya lakshanam. Doc hindu law college notes for exames naveen kumar.
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. 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 are also several areas where hindu law is silent. Hindu law is one of the oldest systems of personal law. The hindus believe that their law is of divine origin and to them this is positive law emanated from thedeity. It is one of the most ancient system of law known to the world. Source of law is a basis, which enables the court to interpret law. Religious law in this guide is seen as a branch of comparative law and legal study. The ancient hindu law mentioned about the following kinds of son i. Manusmriti the laws of manu the real hindu website. The sources of hindu law are ancient as well as modern.
Hindu law explained nature, scope and sources of hindu law. 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. 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. It had structured a new idea or new political, social and cultural ideas. Introduction the hindu law is credited to be the most ancient law system which is approximately 6000 years old. Codification of hindu law 1 general hindu law has the. Hindu law ancient and modern sources of hindu law by. There is the twofold classification of the sources of the hindu law. The word shruti has been derived from the verb shru which means to hear. Sources of family law hindu, islamic and christian law. Sep 16, 2012 impact of hindu law enactments in fundamental rights.
Manusmriti the laws of manu introduction the real hindu. 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. For example, the rule of damdupat is hit by article 151 of the constitution and as such would be void under article 1. These schools have widened the scope of hindu law and explicitly contributed in its development.
The oldest sources of hindu law are the vedas 1500800 b. Sovereignty is its exclusive and most important element. There is hardly any importance left of the ancient sources since the time the modern sources have emerged and been followed. 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. In this chapter, we will learn about the personal laws of hindu, muslims and the christain community. Chapter1st sources of islamic law and sources of law in. Hindu law is considered to be the most ancient and prolific law in the world. 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.
Muslim law is a religious law, and it applies to a person, who is muslim either by birth or by proselytization. Principle sources of law customs, types of customs and. 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. Class notes on family lawhindu law 1 adv gr rajesh kumar. Sources of hindu law 1 free download as powerpoint presentation. Hindu women s right to separate residence and maintenance act 1946. The sources of hindu law can be kept under two headings. Ancient sources before the codification of hindu law, the ancient literature was the only source of the law. For about 2,500 years it was based on the same primary sources, sanskrit texts. 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. 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. Dharma was not only justification for state but its ultimate cause and support. Sources of hindu law ancient and modern indian news. The hindu law were bound by the divine laws contained in the smritis, and these were applicableto kings and subjects a like.
Today most of the subjects of hindu law has been codified. Adoption under hindu law legal bites law and beyond. Until the modern times, it was the standard reference for adjudicating civil and criminal. 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. Far from being wholly academic, however, comparative law is a practical approach in the service of 1 legal education 2 the. It was revealed to the people by god through vedas. For more contextual information, for instance about western imperialism, the islamic world, or the history of a given period, check out these web sites. Sources of hindu law ancient and modern indian news, law. Several principles of hindu law have been held invalid on the ground that they infringe the fundamental rights. 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.
When a certain activity is performed in a certain way, many many times, it becomes a custom. Paul halsall this page is a subset of texts derived from the three major online sourcebooks listed below, along with added texts and web site indicators. The last important source of hindu law is the legislation. Ancient sources are the source that developed the concept of hindu law in ancient times. According to manu there are four sources of hindu law as per following details. Sources of hindu law sources of hindu law can be divided into two parts ancient and modern. This tutorial is centred around the fundamentals of hindu law in the indian penal code. The anglo hindu law was evolved from the classical hindu law during the british rule in india from 1772 to 1947. Laws were enacted in accordance to the state, time and circumstances, there were amended too. 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. Source of law is a method by which the rules have been discovered or created.
Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. Their source has originated after the establishment of english state in india, when english rulers started enacting several laws. The ancient hindu social structure and its continuance in modern times is, to a great extent, outcome of the hindu philosophy and religion. This chapter briefly describes the evolution of ancient indian law. Origins of hindu law it is believed that hindu law is a divine law. The hindu law, of which srutis and smritis are the two important sources, as a matter of fact, reflect the contemporary customs of the society, great importance is attributed to the customs, because the king was expected to adjudge the disputes according to custom, and custom could predominate or outweigh the law made by the king. It is the supreme power of the state over all its people and territories. There is hardly any importance left of the ancient sources since the time the. Chapter1st sources of islamic law and sources of law in pre.
India is a country in south asia whose name comes from the indus river. The concept of hindu law is deeply rooted in the hindu philosophy and hindu religion. Justice markandey katju, judge, supreme court of india speech delivered on 27. Sources of hindu law the hindu law is credited to be the most ancient law system which is approximately 6000 years old. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Hindu law explained nature, scope and sources of hindu law hindu law is a. 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. Manu has defined sruti as follows by sruti or what was heard from above from god is meant the veda. Hindu law claims one of the longest continuous histories of any legal system in the world. May 16, 2017 the concept of hindu law is deeply rooted in the hindu philosophy and hindu religion. Sources and schools of hindu lawand muslim law vedas.
The custom must have evolved from time immemorial i. Hindu philosophytheology influenced the ancient greeks since the time alexander the great conquered parts of north india. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in the vedas. Aug 30, 2017 this tutorial is centred around the fundamentals of hindu law in the indian penal code.
The hindu law is credited to be the most ancient law system which is approximately 6000 years old. The anglohindu law was evolved from the classical hindu law during the british rule in india from 1772 to 1947. It may be the authority which issues rules of conduct which are recognized by courts as. Another case morarji vs administrator general1929 madras. 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. Further, it is argued here that comparative law itself may most usefully be seen as part of the tradition of legal philosophy. A remarkable similarity has also been demonstrated between the religion and mythology of the ancient scandinavian people and that of the people of india. In india, the islamic laws also played very significant role in structuring the indian. 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.
According to manu there are four sources of hindu law as per following details, in addition to these four there was. Chapter 2 property rights of hindu women under uncodified law. The state exercises its sovereign power through its laws. All creature grown on the growth of righteousness and decay with its decay. Ancient sources i shruti it literally means that which has been heard. It is also known as the commentaries and the digestives of the smritis. Ancient sources include religious text such as shrutis and the smritis, apart from that there are various upanishads which also were a part of. Ancient india represented a distinct tradition of law, and had a historically independent school of legal theory and practice.
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