Hindu legal system. General characteristic of Hindu legal system

1.

Hindu legal system
General characteristic of Hindu legal system
Name –Vandana Tiwari
Darshil M. Shah
Group-20LL11a

2.

INTRODUCTION
Hindu law is a personal law. In addition to India, it is also
applied to Hindus in other countries such as Burma, Malaya,
Kenya and Tanzania. The word “Hindu used to refer to the
ethnic group of people or Indians and, in the thirteenth century,
the word “Hindu” was more widely used to distinguish them
from the Islamic kingdoms within India.

3.

RELIGIOUS CONCEPTS
The word dharma is derived from the root dhr, which means to uphold, sustain,
and nourish. "Dharma" is a comprehensive term, that encompasses notions of
duty, morality, ritual, law, order, and justice. Law embraced all of life and was
synonymous with virtue. The Hindu word for law- "dharma"-shows this
derivation
Shruti means "what is heard". Smriti means "what is remembered smritis can be
divided into two - Early smritis (Dharmasutras) and Later smritis (Dharma
shastras). Dharma sutras were mostly written in prose form but also contain
verses. It is clear that they were meant to be training manuals of sages for
teaching students. Important are- Gautama-inheritance, partition, and stridhan
Baudhayan- marriage, sonship, and inheritance .Apastamba- rejected prajapatya
marriage Vashistha- remarriage of virgin widows.

4.

5.

Dharma shastras were mostly in metrical verses and were based of
Dharmasutras. However, they were a lot more systematic and clear. They dealt
with the subject matter in three parts- Aachara : This includes the theories of
religious observances, Vyavahar : This includes the civil law. Prayaschitta : This
deals with penance and expiation.
Manu smriti compiles all the laws that were scattered in pre-smriti sutras and
Gathas. Commentaries (bhasya) take the form of linguistic exegeses, hypothetical
examples, and theoretical disquisitions on a single Dharmasastra text. Caste
system- 4 types- 1. Brahmanas 2. Kshatriyas 3. Vaisyas 4. Sudras

6.

7.

The Hindu law, as we all know, got divided into two branches --- the
Mitakshara and the Dayabagha. The Mitakshara prevailed over the whole of
India except Bengal and Assam, while the Dayabhaga prevailed in Bengal
and Assam. The difference arose because two different interpretations were
given by the commentators to one word `pinda’
Hindu law can primarily be divided into three categories: 1. the 'Classical
Hindu Law', 2. the 'Anglo Hindu Law', and 3. the 'Modern Hindu Law'.
The Classical Hindu Law includes the diverse legal practices connected
with the Vedic Traditions in some ways and existing from the Vedic times
until 1772.

8.

ROLE OF CUSTOMS
Customs means a traditional and widely accepted way of behaving or doing
something that is specific to a particular society, place, or time. Customs are of
three types: Local Customs- The peculiar law of a country prevailing from time
immemorial without conflicting with the Vedas is called Desachar or local or
territorial custom.
Family Customs
Kulachar is the usage confined to a particular family Caste and Community
Customs – A caste custom binds all the members of a caste residing in a
particular area. It varies with localities even among the members of the same
caste. Custom and usage are not synonymous terms. A usage is a repetition of
acts whereas custom is the law or general rule.

9.

CONCLUSION
The principles of Hindu law constitute an unusual
unmatched in the history of the world. Unlike other religion
Hinduism does not require its members to accept particular
religious doctrines about God, and soul, the creation,
redemption, and so on. It is open to every Hindu to believe
in one God or another.

10.

THANK YOU