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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.
The substance of Hindu law, was derived by the British colonial officials from Manusmriti, and it became the first Dharmasastra that was translated in 1794. [ 87 ] [ 10 ] The British colonial officials, for practice, attempted to extract from the Dharmaśāstra, the English categories of law and religion for the purposes of colonial administration.
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 Hindu Personal Laws beginning with the creation of the Anglo-Hindu Law lead to widespread changes, controversies and civil suits in Hindu society across all strata and in monastic orders. Between 1860 and 1940, the issue of succession in the Anglo-Hindu Law led to legal issues of ownership and distribution of property in ascetic-run ...
Introduction to Modern Hindu Law (1963) Studies in the Laws of Succession in Nigeria (1965) Oriental Lawyer Looks at the Trial of Jesus and the Doctrine of the Redemption (Inaugural Lectures) (1966) An introduction to legal systems (1968) Religion, Law and the State in India (Law in India) (1968, 1999) Law in the New Testament (1970)
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.
Modern law in India dictates only laws that have been conceived and are written down may be enforced whereas in ancient Indian law, a person could be prosecuted for a crime that has not been written down if a Sishta, a Brahmin who had studied the Veda, declared the act to be a crime.
Hindu code bills; Hindu Inheritance (Removal of Disabilities) Act, 1928; Hindu joint family; Hindu Marriage Act, 1955; Hindu marriage laws in Pakistan; Hindu Minority and Guardianship Act, 1956; Hindu personal law; Hindu titles of law; Hindu wedding; History of Anglo-Hindu law; History of Dharmaśāstra; History of Indian law