General

Sources of Hindu law

BY IQBAL

New Delhi :- Sources of Hindu law

Hindu law was found in the form of Puranas, Vedas, scriptures, Hindu method was completely engaged to religion.

The source of Hindu law can be divided into two parts.

  1. Primary sources
  2. Secondary source

 

  1. Primary sources

Shruti

Smirti

Tika

Stereotypes and custom

2. Secondary source

Equitable law

Legislation

Prior decision

 Primary sources

The meaning of Shruti in common language is heard or happened. It is believed to be the source and provided by God or sages.

There are four Vedas and Upanishads in Shruti.

RIGVEDA
RIGVEDA
  1. Rigveda
  2. Yajurved
  3. Samved
  4. Atharvaveda
  • The Rigveda 10 Mandal and 1028 Sukta are considered to be the oldest.
  • Yajurveda Yaghy rules and rituals are its two parts Krishna Yajurveda and Shukul Veda
  • Samved
  • The Atharvaveda is considered to be the last veda.

Vedanta comes after Vedas

Vedanta divided in part.

  1. Kalp [Aeon]
  2. Vayakaran [ Grammer]
  3. Chhand [The verses]
  4. Shiksha [education]
  5. Jiyotshi [Astrologer]
  6. Nirukt [Free]

Smirti

Smriti means memory that is memorized or memorized. after shruti smirti is authenticated part of Hindu law.

Now we talk about Dharma Sutra and Dharma Shastra Dharmasutra

 According to the Dharmasutra

The beginning of this era is believed to be from 800 to 200 A.C.

Composition pores or belles letters

Discussion of duties of human beings

  •  Vishnu

Vishnu Smriti

 Composition  porse and  verse

Vishnu Smriti [ Main subjects ]

  1. Civil
  2. Punisher
  3. Adoption
  4. Marriage
  5. Succession

 Bodhayan [ Main subjects ]

It belongs to Krishna Yajurveda branch

  1. Marriage
  2. Succession

Gautam [ Main subjects ]

Oldest religion

  •  Donor
  •  division
  • Stridhan
  • Succession

 Core theology

 Manu

There are many differences about the creator of Manu, the quintessential Smriti Manu.

  • It is believed to be composed by 200 A.C.
  • It contains 2694 verses divided into 12 chapters.
  • Manu Tika is a commentary of this

 Yagyavalkaya

  • Yagyavalkaya is based on this Manusmriti
  • It is said to have been composed in the first century.
  • In this, the law is placed at the highest position. President of state also comes subordinate to the law.

The following Tika [hinges] have been composed on this memory.

By Vighyanveshvar  

 By Auppark

 By shulpani

 Main commentary [ tika]

 Mitakshara

The creator of Mitakshara, Vigyaneshwar was originally a resident of Andhra Pradesh. This commentary is popular and famous in the whole country. It is famous all over the country except West Bengal.

Many commentaries have also been written on Mitakshara such as

Subodhini – (composed by Visvesvara)

Pramitakshara – (composed by Nand Pandit)

Dayabhaga

Dayabhaga is the creator of Jeemut vahan .It is the most authentic commentary in Bengal in which the main topics are described in Right and Succession.

 Narada

It is based on Manu and Yagyavalkaya . It is complete in itself.

Tika [ commentary]

In a general sense, it is a ammended form of smirti that last . The smirti required a change of circumtances over time so tika were composed .

Tika [ commentary] and those who established smirti

Manusmriti

  Manu Tika (Govindaraj)

  Manubhasha (Meghatithi)

 Muktalvi (Kulook Bhatt)

 

 

 Yagyavalkaya

 Balikij  (by Vishwaroop)

 Mitakshara (by Vigyaneshwar)

 Veer Mitrodaya (by Mitra Mishra)

 Dayabhag (by Gmut Vahan)

 Behavior Maymukh (by Neelkanth)

 Stereotypes and custom

Stereotypes and custom continued to exist and became a source of Hindu law.

Stereotypes

 Stereotypes feature

  Antiquity – The antiquity of the stereotypes Such oldies are so old that they are considered to be fairy from human memory. The court considers the stereotypes to be 100 years old, but it is not necessary to adopt this rule.

 Continuity – It is considered necessary to adopt the conventions continuously. If there is no tradition in continuity, then it becomes futile to be ancient.

Being skeptical – Stereotypes must be beyond doubt that stereotypes must be beyond doubt because and those who follow that stereotype have followed it again and again in the same way that they have already been following.

 Rational

It is considered necessary to be rational of rational stereotypes which are based on human conscience.

Unethical

It is not necessary to be immoral that stereotypes should not be immoral. If a stereotype is immoral, it ends prematurely. Such stereotypes are considered void.

 Not against the law –

The conservancy is such that it is not against the law, if any of the stereotypes are against the law, then by the constitution such stereotypes are declared void.

Custom

Local custom – Practices that are specific to a place are local custom.

 Collective custom– Custom that are adopted in a group of communities.

  Cotombic custom – The practices that apply in a particular family .

 2. Secondary source

  • Equity of law
  • Legislation
  • Prior decision

Equity of law – Equality of law are considered to be the source of Hindu law. For the conscience, it is considered the discretion of the judge here. If the law does not provide for a case, then it is based on the discretion of the judge to look after morality on a key point  Reach and give a good decision,

 Legislation- The Act passed by the Legislature has become a major source of law. The following important Act passed in this regard is:-

  • Cast Disability Removal Act 1850
  • Indian adulthood act 1875
  • Hindu Succession Act 1956
  • Hindu Marriage Act 1955
  • Maintenance of Hindu Adoption Act 1956
  • Hindu Minorities and Protection Act 1956
  • Hindu Widow Remarriage Act 1956
  • Special Marriage Act 1872
  • Property transfer act 1882
  • Indian Succession Act 1925
  • Arya Marriage Tribunal Act 1937
  • Child Marriage Restraint Act 1978
  • Guardianship and Guardianship Act 1890
  • Special Marriage Act 1954

 

  • Supreme Legislative Parliament is considered.

  Prior decision

Prior judgment is considered to be the main source of law. Various decisions play the main role in deciding from one court to another court .

Judicial decisions The decisions of the Privy Council and the Supreme Court have binding effects on all courts of India even if one High Court does not accept the decision of another High Court.

  • The Supreme Court is considered to be a Court of Record under Article 29 of the Constitution of India, while the Privy Council was repealed in 1949.
  • Under Article 141 of the Constitution of India, all judicial decisions have to be accepted.