It is important to study the sources of law because in every personal legal system only that rule is law which has place in its sources. A rule not laid down or not recognized in the sources is not a rule in that legal system.
What is the importance of Hindu law?
It regulates areas such as marriage, family matters, inheritance, and other social factors affecting the social well-being of members of this religion. However, it is interesting to note that the law is not restricted only to members of the Hindu religion.
Which is considered to be the most important and essential source 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.
What are the important sources of Hindu law?
Shrutis are considered to be the major source of Hindu law. Another term for Shruti is Veda. according to Hindu law, there are four Vedas namely, Rigveda, Samveda, Yajurveda, Atharveda. The brahmins used to pronounce what is written in these Vedas to the people.
What do you mean by Hindu law?
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. 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.
Who is a Hindu for the purpose of Hindu 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 is modern source of Hindu law?
In the end, a series of four major pieces of personal law legislation were passed in 1955-56 and these laws form the first point of reference for modern Hindu law: Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), and Hindu Adoptions and Maintenance Act (1956).
Which of the following played a significant role in the evolution of 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 is the significance of the Dharmashastras in the making of ancient Hindu law?
Dharmasastra is a genus of Sanskrit texts, and refers to the treatises (shastras) of Hinduism on Dharma. The Dharmashastras are the ancient law books of Hindus, which advocate moral laws and principles for devout duty and righteous conduct for the followers of the faith.
Who is a Hindu and explain the essentials for the applicability of Hindu law and to whom its apply?
(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.
Why custom is an important source of law?
Customs is a very authentic and binding source of law, because of the historic value they have. Custom is a significant wellspring of law and it is attractive to characterize the equivalent. Custom has been characterized by different legal advisers according to their idea, getting, theories, views and beliefs.
What is Bangladesh Hindu law?
Hindu law is the personal law of the Hindu citizens and is applicable in the matter of marriage, adoption, inheritance, gift, will etc. The Hindu community of Bangladesh is mainly governed by the Dayabhaga or Bengal School of Hindu law.
What are the schools of Hindu law?
The two major schools of Hindu law are as follows:
Mitakshara. Daya Bhaga.