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Concepts and Sources of Hindu Law – Family Law

Concepts and Sources of Hindu Law

 The main sources of Hindu law are as follows’

  • i) Shrutiyas,
  • ii) Smrities
  • iii) Bhashya (commentaries),
  • iv) Judicial decisions,
  • v) Legislation,
  • vi) Justice, equality , good conscience
  • vii) Practices.
  • (i) Shrutis – Shruti refers to the Vedas.
  • There are four Vedas- Rigveda, Yajurveda , Samaveda, Atharvaveda.
  • The Rigveda is the oldest Veda. It contains praises of the Vedic deities.
  • The Samaveda is the Gitaveda. It contains mantras sung during worship.
  •  Yajurveda is the Yajna Veda. It contains mantras for performing sacrifices and offering sacrifices.
  • Atharva Veda is the science Veda. There are mantras of the subjects of science.
  •  Upanishads- Upanishads are also called Vedanta. These are the last parts of the Vedas. The Upanishads describe the highest principles of religion and philosophy.
  • ii) Smrities – Smriti means what was remembered.
  • iii) Commentaries- The Mitaakshara and Daya part are prominent in the commentaries
  • Mitaakshara is an important commentary on the Yajnavalkya Smriti. The author of Mitaakshara is Vijnaneswar. Mitakshari is in force all over India except Bengal. The liability portion is applicable in Bengal. The author of Dayabhaga is Jimutavahana.
  • iv) Vidhana- The present source of Hindu law is Vidhana.

Some of the major Hindu rituals are as follows:

  • (1) Hindu Widows Remarriage Act, 1956
  • (2) The Indian Adulthood Act,
  • (3) The Hindu Property Expenditure Act,
  • (4) Indian Succession Act ,1925
  • (5) Liability Disqualification Prevention Act
  • (6) Special Marriages Act,
  • (7) The Child Marriage Prevention (Amendment) Act, 1978. (8) The Hindu Marriage Act,
  • (9) The Hindu Succession Act,
  • (10) The Hindu Minority and Protection Act,
  • (11) Hindu Adoption and Maintenance Act,

Applicability of Hindu Law

 According to Article 372 of the Constitution of India, the laws in force before the commencement of the Constitution on 26th January 1950 shall continue unless altered or amended by the competent Legislature or other competent authority

 Branches of Hindu Law

There are two branches of Hindu law – the Mitaakshara branch and the Daya Bhag branch

 Mitaakshara was introduced in all parts except Bengal and Dayabhaag was introduced in Bengal.

 Mitaakshara is a high-quality commentary on the Yajnavalkya Smriti written by Vijnaneishvara –

It has 5 sub-branches-

  • Benares Branch
  •  Mithila Branch
  • Dravin or Madras Branch
  • Maharashtra or Mumbai Branch
  • Punjab Branch

Concepts and Sources of Hindu Law

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