In this article you will learn about the Origin of Hindu Law.
Introduction to Hindu law
Hindu law is regarded as the world's oldest and most prevalent legal system. It has existed during every stage. It is roughly six millennia old. Hindu law was created by the people, not to eradicate crime or wrongdoing from society, but rather so that the people would adhere to it in order to find salvation. Hindu law was initially created to ensure that people's needs were met. The idea was started with the welfare of the populace in mind.
Origin of Hindu Law
Dharmasastra does not contain the term "Hindu." Its origin is overseas. Greeks gave the name "Hindu" to the people who lived in the Indus Valley; they called them "Indoi." It later turned into a "Hindu." The people who lived here were referred to as Hindus, and the country as Hindustan. Throughout history, the term "Hindu" has basically denoted both a nation and a religion. Hindu law, which has been in place for the last 5000 years and has undergone numerous modifications throughout that time, has also continued to regulate Hindu society's morals and social structures by adhering to various aspects of Hindu culture.
Concept of Dharma
We are aware that Hindu law is connected to the term Dharma. Allow me to clarify: in Hindu mythology, the word "Dharma" refers to "duty." When considering the religious allusions and contexts, dharma can mean different things. Similar to how Buddhists define Dharma as merely a universal law that is absolutely necessary, Jains and Sikhs define it as merely a religious path leading to the triumph of the truth. Dharma, in Hindu Jurisprudence, refers to the duties in various senses. Similar to one's legal, spiritual, or sociological duties. It is in this context that we can say that Dharma is the idea of justice.
Sources of Dharma
According to the "Bhagwat Geeta," God uses the precepts of Dharma to create life. They are self-control, sanctity (cleanliness of the mind, body, and soul), forgiveness, self-control, honesty, knowledge, truthfulness, and the absence of anger. Consequently, Hinduism holds that the eternal Dharma for humans is "Moksha," or salvation.
Dharma is mentioned in Hindu epics such as the Ramayana and the Mahabharata. It is said that every person should strive to fulfil their own Dharma. Additionally, the monarch at that time went by the name Dharmaraj since adhering to Dharma was his primary goal.
Nature of Dharma
In contrast to other legal systems, Hindu law places greater emphasis on obligations than rights. The character of these Dharma varies from individual to individual. Many people in this world have many responsibilities. For example, a king's duty was to enforce religious law; on the other hand, a farmer's duty is to produce food; a doctor's duty is to treat patients; and a lawyer's duty is to fight for justice. Dharma is a complex religious concept with many facets. It includes numerous laws and customs covering a wide range of topics that are necessary for everyone to abide by.
Conclusion
Hindu law remains a diverse and evolving field. While traditional texts continue to hold significance, legal reforms and judicial decisions continue to shape and redefine the application of Hindu law in the context of modern India. The origin of Hindu law reflects its adaptability and resilience, rooted in ancient philosophical and religious traditions while responding to the changing needs of society.
This article on Origin of Hindu Law is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.