Hindu legal system. General characteristic of Hindu legal system

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INTRODUCTION Hindu law is a personal law. In addition to India,

INTRODUCTION

Hindu law is a personal law. In addition to India, it

is also applied to Hindus in other countries such as Burma, Malaya, Kenya and Tanzania. The word “Hindu used to refer to the ethnic group of people or Indians and, in the thirteenth century, the word “Hindu” was more widely used to distinguish them from the Islamic kingdoms within India.
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RELIGIOUS CONCEPTS The word dharma is derived from the root dhr,

RELIGIOUS CONCEPTS

The word dharma is derived from the root dhr, which

means to uphold, sustain, and nourish. "Dharma" is a comprehensive term, that encompasses notions of duty, morality, ritual, law, order, and justice. Law embraced all of life and was synonymous with virtue. The Hindu word for law- "dharma"-shows this derivation

Shruti means "what is heard". Smriti means "what is remembered smritis can be divided into two - Early smritis (Dharmasutras) and Later smritis (Dharma shastras). Dharma sutras were mostly written in prose form but also contain verses. It is clear that they were meant to be training manuals of sages for teaching students. Important are- Gautama-inheritance, partition, and stridhan Baudhayan- marriage, sonship, and inheritance .Apastamba- rejected prajapatya marriage Vashistha- remarriage of virgin widows.

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Dharma shastras were mostly in metrical verses and were based of

Dharma shastras were mostly in metrical verses and were based of

Dharmasutras. However, they were a lot more systematic and clear. They dealt with the subject matter in three parts- Aachara : This includes the theories of religious observances, Vyavahar : This includes the civil law. Prayaschitta : This deals with penance and expiation.

Manu smriti compiles all the laws that were scattered in pre-smriti sutras and Gathas. Commentaries (bhasya) take the form of linguistic exegeses, hypothetical examples, and theoretical disquisitions on a single Dharmasastra text. Caste system- 4 types- 1. Brahmanas 2. Kshatriyas 3. Vaisyas 4. Sudras

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The Hindu law, as we all know, got divided into two

The Hindu law, as we all know, got divided into two

branches --- the Mitakshara and the Dayabagha. The Mitakshara prevailed over the whole of India except Bengal and Assam, while the Dayabhaga prevailed in Bengal and Assam. The difference arose because two different interpretations were given by the commentators to one word `pinda’

Hindu law can primarily be divided into three categories: 1. the 'Classical Hindu Law', 2. the 'Anglo Hindu Law', and 3. the 'Modern Hindu Law'.  The Classical Hindu Law includes the diverse legal practices connected with the Vedic Traditions in some ways and existing from the Vedic times until 1772. 

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ROLE OF CUSTOMS Customs means a traditional and widely accepted way

ROLE OF CUSTOMS

Customs means a traditional and widely accepted way of

behaving or doing something that is specific to a particular society, place, or time. Customs are of three types: Local Customs- The peculiar law of a country prevailing from time immemorial without conflicting with the Vedas is called Desachar or local or territorial custom.

Family Customs

Kulachar is the usage confined to a particular family Caste and Community Customs – A caste custom binds all the members of a caste residing in a particular area. It varies with localities even among the members of the same caste. Custom and usage are not synonymous terms. A usage is a repetition of acts whereas custom is the law or general rule.

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CONCLUSION The principles of Hindu law constitute an unusual unmatched in

CONCLUSION

The principles of Hindu law constitute an unusual unmatched in the

history of the world. Unlike other religion Hinduism does not require its members to accept particular religious doctrines about God, and soul, the creation, redemption, and so on. It is open to every Hindu to believe in one God or another.