Sources of hindu law

The sources of hindu law can be kept under two headings. 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 welldefined tradition of classical 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. Mention the sources of hindu law and point out the relative importance of each. Sources of hindu law defination, kinds and essentials of hindu law sandeep garg is a professor of law with teaching experiences in royal college of law, global college of law in ghaziabad. Judicial decisions pronounced by the courts upon the various points have also developed as sources of law. Doc sources and schools of hindu law sonali sardana. All important points of hindu law are nowadays clarified by decisions of law supreme court and high courts. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. It was revealed to the people by god through vedas. Now all the important points of hindu law are found in the law reports. Mention the sources of hindu law and point out the. It would be convenient to classify the various sources of hindu law under the following two heads.

Sources and schools of hindu lawand muslim law vedas. It is also known as the commentaries and the digestives of the smritis. Sources of hindu law ancient and modern indian news. 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. Modern hindu law refers to one of the personal law systems of india along with similar systems for muslims, sikhs, parsis, and christians. A critique hindu law has the oldest pedigree of any known system of jurisprudence, and even now it shows no sign of decrepitude. These schools have widened the scope of hindu law and explicitly contributed in its development. The tutorial covers the following topics about hundu law.

Ancient sources under this would come the following. Secondly, precedent is a source of law in the sense that by the purpose of judicial interpretation, doctrines, principles and rules of law stand modified or altogether new principles, doctrines and rules have been introduced in the body of hindu law. Hindu law is based on tradition and analytical in nature. The sources of hindu law can be classified under the following two heads. Hindu law studies have, by and large, been confined to listing the differences and striving to establish that hindu law is just as. It may be the authority which issues rules of conduct which are recognized by. Since the laws propounded by the courts have the effect of superseding the. But in a secular point of view it is a manmade institution of control.

They are binding in nature and are published in law. For these principle doctrines and rules, the sources of authority is precedent. Nature and origin of hindu law lax loci law application of hindu law person to whom hindu law is applicable sources of. Sources of family law hindu, islamic and christian law. Hindu law explained nature, scope and sources of hindu law. It is one of the oldest known jurisprudence theories in the world. These express that the shruti, smriti and achara are sources. Various sages and ascetics have elaborated and refined the abstract concepts of life explained in the vedas. It may be the authority which issues rules of conduct which are recognized by courts as binding. All you want to know about sources and schools of hindu 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, 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.