Sources of hindu law ancient and modern pdf

Those persons who are not mussalman, chistain, parsi or jew. A remarkable similarity has also been demonstrated between the religion and mythology of the ancient scandinavian people and that of the people of india. All these sources of law fall under two important heads, namely. Thus it was clear that the hindu law is divine law. Download the pdf from the orange download button below. Hindus are, what are the sources and schools of hindu law, and on whom does the. By looking to how ancient hindu religious concepts.

This is the latest and vital source of modern hindu law. Studies on ancient societies show that the lives of the primitives were dictated by the customs which developed. 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 hindu law ancient and modern indian news. Classroom live lectures edited, enlarged and updated. The british adopted the modern law or the english legal system and replaced the existing indian laws except for family or personal laws in matters such as marriage, inheritance and succession of property.

The primary sources, accepted universally by all muslims, are the quran and sunnah. It is believed that god has preached the law to the common man through vedas. Vasista dharma sfitras, x 30 t introduction he practice of law is the pursuit of truth and justice in interpersonal relationships. The root texts of ancient hindu jurisprudence and law are the dharmasutras. But in a secular point of view it is a manmade institution of control. These two sources are considered as fundamental source of hindu law.

Hindu law is a set of personal laws governing the social conditions of hindus such as marriage and divorce, adoption, inheritance, minority and. Ancient sources before the codification of hindu law, the ancient literature was the only source of the law. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. In other words, what has been the source of law for the hindus, whether in. 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. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. A law in the present sense would mean an act framed by the legislature of a state.

Ancient sources under this would come the following. The rules laid down by them formed the basis on which the society was organised. Mulla for his part lists custom as the third source. This chapter briefly describes the evolution of ancient indian law. Judicial decisions pronounced by the courts upon the various points have also developed as sources of law. Sources of hindu law can be divided into two parts ancient and modern 1. The role of management accounting in ancient india. The sources of hindu law can be kept under two headings.

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. Far from being wholly academic, however, comparative law is a practical approach in the service of 1 legal education 2 the. It is essential so as to have the law, its explanation and its right interpretation. Modern sources of hindu law hindu law has been greatly influenced by british rule. As the inevitability of law in life of state is wellknown, the question automatically crops up as to how law originate. Origins of hindu law it is believed that hindu law is a divine law. It was seen that the british came up with the concept of equality and justice but these sources existed even in the shastric hindu law, though in a different form. It is one of the oldest known jurisprudence theories in the world. Ancient india represented a distinct tradition of law, and had a historically independent school of legal theory and practice. By sources of law we mean its beginning as law and the point from which it springs or emanates. Sources of muslim law primary secondary 1 the sources that the prophet mohammad directed will be the primary sources. Hindu law ancient and modern sources of hindu law by. According to hindu jurisprudence, the veda, smriti, and approved usage, as sources of hindu law are derived from matters which are agreeable to good conscience.

The sources of hindu law can be classified under the following two heads. Hindu law is one of the oldest systems of personal 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. Hindu law has not been made by legislature but it is the law made by the divine being and which has been rebuilt in the vedas. Hindu law so understand in modern times s surely an heir of the bifurcated system. Ancient indian jurisprudence banaras hindu university.

The custom must have evolved from time immemorial i. Further, it is argued here that comparative law itself may most usefully be seen as part of the tradition of legal philosophy. Sources of hindu law the hindu law is credited to be the most ancient law system which is approximately 6000 years old. These sources can be divided into four categories a. Since the laws propounded by the courts have the effect of superseding the.

The modern law that is used in courts has originated from various sources. There is the twofold classification of the sources of the hindu law. Pdf the idea of hindu law purushottama bilimoria academia. Sources of hindu law sources of hindu law can be divided into two parts ancient and modern. The sources of hindu law are ancient as well as modern. A source of law refers to the original materials where the contents of law are found. In wider sense hindu law applies to all those who are not mussalman, christain, parsi or jew.

The quran is the holy scripture of islam, believed by muslims to be the direct and unaltered word of allah. Hindu law is not a law as understood in modern times. Expression hindu law has been questioned by modern jurists as being wanting in the. In ancient times, the hindu had a fairly perfected system of administration of justice and both the peoples courts and the kings courts used to. This hindu personal law or modern hindu law is an extension of the anglohindu law developed during the british colonial period in india, which is in turn related to the less welldefined tradition of classical hindu law. Hindu law explained nature, scope and sources of hindu law. There is a custom in families of ancient india that the eldest male member of the family shall inherit the estates. There are four ancient sources of muslim law namely.

In ancient society the hindu sages were the leaders of the community and they were revered both for their holiness and their profound learning. 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. There is hardly any importance left of the ancient sources since the time the modern sources have emerged and been followed. Following are the modern sources of hindu law such. 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. Principle sources of law customs, types of customs and. Founder of mitakshara school vijaneshwar said, sources are the means of knowing law.

Family law or the personal law applicable to hindus is the modern. There are also several areas where hindu law is silent. Sources and schools of hindu lawand muslim law vedas. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in the vedas. In this chapter, we will learn about the personal laws of hindu, muslims and the christain community. 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. All you want to know about sources and schools of hindu law.

Following are the modern sources of hindu law such as equity. For the purpose of this article, and for ease of reference, we shall consider the sources of law under the following headings. The concept was initiated in for the welfare of the people. Various sources of islamic law are used by islamic jurisprudence to elucidate the sharia, the body of islamic law. The sources are classified into orthodox and modern sources.

As in china with confucianism, hinduism in india is an ancient system of thought, with religious, philosophical, and social underpinnings, that has served as a guiding force in society to control human conduct. Modern hindu law refers to one of the personal law systems of india along with similar systems for muslims, sikhs, parsis, and christians. Different sages and ascetics life have expounded and refined the unique ideas of life clarified in the vedas. Dharma, custom, the legal system in classical india. Classroom live lectures edited, enlarged and updated msrlawbooks. So the sources of dharma are 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. In ancient society the hindu sages were the leaders of the. Justice markandey katju, judge, supreme court of india speech delivered on 27. Hindu law explained nature, scope and sources of hindu law hindu law is a personal. According to manu there are four sources of hindu law as per following details. It was revealed to the people by god through vedas. Seshagiri rao practice dharma, not adharma speak the truth, not untruth, look far ahead, not near look at what is the highest, not what is not highest.

Hindu law is based on tradition and analytical in nature. Sources of hindu law modern sources law notes for you. Sources of hindu law can be divided into two parts ancient and modern. 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.