Sources of modern Hindu law. Sources of Classical Hindu law arose from the religious texts of the Dharmaśāstra, as well as sadachar or customs, and commentaries or digests that translated and interpreted the laws.
What are the modern sources of law?
Modern sources of Hindu law refers to those sources which are comparatively new sources that emerged over time and evolved in the present form. Following are the main source of Hindu law: Equity justice and good conscience. Legislation.
What is the sources of Hindu law?
The primary and important source of Hindu law is Vedas. According to tradition the Vedas also called Shruti. Shruti means what is heard by the Sages (Rishis). The Vedas are the fountain-head of Hindu religion and law.
Why smritis are called a golden era of Hindu law?
It is the second important source of Hindu Law. Smritis is known as golden era, because it is era when well organised dependant on the remembrance of saints and the era of creation of and serial wise development of Hindu Law started. … So it can be said that Smrutis are a written memoir of the knowledge of the sages.
What is commentaries and digests in Hindu law?
Commentaries and digestives have expanded the scope of Hindu law. It played a very major role in developing the very concept of Hindu law. It helped in the interpretation of the smritis. Single interpretation of the smritis is called as a commentary while different interpretations of the smritis are known as digestive.
What are 5 sources of law?
The primary sources of law in the United States are the United States Constitution, state constitutions, federal and state statutes, common law, case law, and administrative law.
What are the 4 sources of law?
The four primary sources are constitutions, statutes, cases, and regulations. These laws and rules are issued by official bodies from the three branches of government.
What are the two main schools of Hindu law?
The two major schools of Hindu law are as follows:
Mitakshara and Dayabhaga are the two important schools of Hindu Law which have given us the required information about the present legislated laws.
Who is a Hindu as per law?
Any person who is born of Hindu Parents; 3. Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law. practising it or by professing it is a Hindu. An attempt to define Hindu in terms of religion was made by the Supreme Court in Shastri v.
What are the old sources of Hindu law?
The Shrutis mainly vedas, the smritis and the sadachara are considered as the three sources of Dharma and the Hindu law. Vedas describe societies as an advanced society with well-established norms and customs.
- Shrutis. The word shru means to hear and the term refers to the four Vedas. …
- Smritis. …
- Commentaries. …
What are the 6 Vedangas?
The six Vedangas are Siksha, Chhanda, Vyakarana, Nirukta, Jyotisha and Kalpa. Shiksha = phonetics, Vyakarana = grammar, Chandas = metre, Nirukta = etymology, Kalpa = ritual, Jyotishya = astronomy.
What are the schools of Hindu law?
There are two Schools of Hindu Law:- a) Mitakshara b) Dayabhaga. Mitakshara School prevails throughout India except in Bengal. It is a running commentary on the code of Yajnavalkya (Yajnavalkya Smriti).
How do I become a Hindu?
There is no official conversion process or ceremony for converting to the Hindu faith. To become a follower, one needs only to have the will and the commitment to study the scriptures and abide by the proper practices.
Is Lex loci A Hindu law?
Hindu law is a personal law. It is not lex loci it means law of the land. The laws which are applicable in a territory to all persons irrespective of their caste creed or race and religion are lex loci. Hindu law is not applicable to all persons living in India.
Who is a Hindu and to whom Hindu law applies?
(I) Follower of Hinduism: The Hindu law applies to the person who is a follower of the Hindu religion. This includes the followers of Virashaiva, Lingayat, Brahmo, Prarthana or Arya Samaj. Apart from these it also applies to the persons who are the followers of Buddhism, Jainism or Sikhism.
Who wrote Vedas?
According to tradition, Vyasa is the compiler of the Vedas, who arranged the four kinds of mantras into four Samhitas (Collections).