Hindu Law

Hindu law
The sources of Hindu law

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.
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 Hindu law is believed to have a divine origin from God Almighty and not from the legislature.
Persons who are not Muslim, Christian, Jew, or Parsee by religion.
Persons who are not governed by any other religious law will be governed by Hindu Law.

and emerged after the colonial rule arrived in South Asia, and when in 1772 it was decided by British colonial officials, that European common law system would not be implemented in India, that Hindus of India would be ruled under their "Hindu law"

Law'
3. the 'Modern Hindu Law'.

Hindu law (dharma) in traditional Hinduism, taken to begin with the transmittance of the Vedas and ending in 1772.
Classical Hindu law was diverse in practice, varying between locations, vocational groups, and castes.
These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place.

British colonial era, which applied to the Hindus, Buddhists, Jains and Sikhs of British India.
The first phase of Anglo-Hindu law started in 1772, and lasted till 1864.
The second phase of Anglo-Hindu law started in 1864, and ended in 1947.
Anglo-Hindu law was expanded with a series of British parliament Acts between 1828 and 1947, that was based on political consensus rather than religious texts.

personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians.
This Hindu Personal Law or modern Hindu law is an extension of the Anglo- Hindu Law developed during the British colonial period in India, which is in turn related to the less well-defined tradition of Classical Hindu Law.
The time frame of this period of Hindu law begins with the formal independence of India from Great Britain on August 14, 1947, and extends up until the present.
There are no religious courts in India, as it is a secular nation. Rather religious personal laws are adjudicated by the state on a case by case basis.

into 2 types:
Ancient sources
Ancient sources are the source that developed the concept of Hindu law in ancient times. It is further classified into four categories-
Shruti
Smriti
Customs
Digest and commentaries
2. Modern sources
Judicial decisions
legislation
Precedent

enshrined in the Vedas and the Upanishads. 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.
2. Smriti
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
Dharma Sutra (Prose)
Dharmashastras (Poetry).

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.
Further, the customs have been classified into two categories-
Legal customs- Legal custom is those customs which are enforceable or sanctioned by law.
Conventional customs- Conventional customs are customs that are related to the incorporation of an agreement and it is conditional.
4. Digest and commentaries
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.

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.
2. Precedent
After the establishment of British rule the hierarchy of court was establsihed. the doctrine of precedent based on the principles of treating like cases alike was established.
3. Legislation
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.