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Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] 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. [4]
The decision of a case in ancient India was based on eight sources according to brahmanical law givers. These sources are the three Pramanas (possession, documents, and witnesses) logical inference, the usages of the country, sapatha s (oaths and ordeals), the king's edict and admission of the litigants. [11]
The Constitution of India is the longest written constitution for a country, containing 395 articles, 12 schedules, 105 amendments and 117,369 words.. Law in India primarily evolved from customary practices and religious prescriptions in the Indian subcontinent, to the modern well-codified acts and laws based on a constitution in the Republic of India.
Thus, the common source of classical Hindu law was the community and, therefore, laws on a whole were highly decentralized and diverse. [3] These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place. [ 4 ]
Anglo-Hindu law is the case law that developed in British India, through the interpretation of the Hindu scriptures and customary law in the British courts. [1]The first phase of Anglo-Hindu law started in 1772, [2] and lasted till 1864, during which translations of ancient Indian texts along with textual interpretations provided by court-appointed Hindu Pandits were the basis of jurisprudence ...
The root texts of ancient Hindu jurisprudence and law are the Dharma-sūtras. These express that Shruti, Smṛti and Acara are sources of jurisprudence and law. [30] The precedence of these sources is declared in the opening verses of each of the known, surviving Dharma-sūtras. For example, [30]
Modern Hindu law is one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians. This Hindu Personal Law or modern Hindu law is an extension of the Anglo-Hindu Law developed during the British colonial period in India, which is in turn related to the less well-defined tradition of Classical Hindu Law.
Dharmaśāstra became influential in modern colonial India history, when they were formulated by early British colonial administrators to be the law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs) in the Indian subcontinent, after Sharia set by Emperor Aurangzeb, was already accepted as the law for Muslims in colonial India.