In this article you will learn about the Sources of Hindu Law.
Who are Hindus?
A person qualifies as a Hindu if a person :
- is, in any case, a Hindu by religion.
- is religiously a Buddhist, Jaina, or Sikh.
- is the child of Hindu parents.
- is not subject to Hindu law and is not a Muslim, Parsi, Christian, or Jew.
- Lodge in India.
What are Sources of Hindu law?
Two classifications exist for the sources of Hindu law.
- Ancient sources
- Modern sources
- Ancient source
The idea of Hindu law originated in antiquity and was derived from ancient texts. It is divided into an additional four categories.
- Shruti
- Smriti
- Customs
- Digest and commentaries
Shruti
Shruti translates to "what has been heard." It has the god's holy words in it. This source is regarded as the most significant and vital of all of them. The Vedas and the Upanishads contain references to shrutis, which are pure and sacred expressions. They are connected to a person through religion and assist them in learning about incarnation and salvation. It is regarded as the rudimentary source that contains legal knowledge.
Smritis
Smritis are texts that have been passed down through the generations and are then interpreted by rishis. The term "Smrities" is further classified into the following categories.
- Dharma Sutra (Prose)
- Dharmashastras (Poetry).
Commentaries and digest
Commentaries and digests are the third ancient source of Hindu law. The purview of Hindu law has been enlarged by commentaries and digests. It was extremely important in shaping the idea of Hindu law itself. It aided in the smritis' interpretation. A commentary refers to a single interpretation of the Smritis, whereas various interpretations are referred to as digestive. Mitakshara and Dayabhaga are regarded as the two most significant commentaries.
Customs
Customs are the traditions that people have followed in their communities since prehistoric times. This is the kind of practice that people have been following and are constantly observing.
Further, the customs have been classified into two categories :
- Legal customs
- Conventional customs
Legal customs
Customs that are authorised or enforced by law are considered legal customs. It cannot be considered void until the law itself says so. There are two types of legal customs.
Local customs: The customs that are followed in a particular area are known as local customs. This kind of tradition is not very well known.
General customs: The traditions or customs that are followed over a wide region are referred to as general customs. The general public is quite familiar with this kind of custom.
Conventional customs
Customs that pertain to the inclusion of an agreement and are conditional are known as conventional customs.
What are the essentials of a custom?
These are the key components that make up a custom :
- A custom needs to be constant in its application.
- A custom ought to be clear-cut and unambiguous.
- A custom needs to date back a long way.
- The custom must be strictly adhered to 5. It must be unambiguous and certain.
- A custom cannot conflict with a public policy that impacts the interests of the broader public.
Modern sources
Judicial Decisions
It is widely acknowledged that the most crucial component of contemporary sources is judicial decisions. A judge's decision is regarded as final and authoritative. The precedent doctrine was developed and applied to cases with similar facts and circumstances to a case that had already been decided.
Legislation
The laws are regarded as the codification of customs, and they are crucial in extending the meaning of Hindu law. Enacted by the parliament, laws are made. The primary source of Hindu law is regarded as the legislation. It is regarded as the foundation upon which Hindu law has grown in the contemporary era. It has been said that codifying the law became essential to adapting to the new social conditions.
This article on Sources of Hindu Law is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.