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Primary and Secondary Source of Hindu Law

 Primary and secondary source of Hindu law


Hindu law is a historical term refers to the code of law applied to Hindus. Hindu law in modern scholarship also refers to the legal theory and philosophical reflection.on the nature of law found in ancient and medieval era.The Source of Hindu law are divided into two parts they are Primary and Secondary source of Hindu law.

According to Maine,''Hindu law is the law of 'smriti' as expounded in the Sanskrit commentaries and Digest which as modified and supplemented by custom is administered by the courts.

Primary- and- secondary-source-of-Hindu-law

The primary and secondary source of Hindu law are discussed below:

Primary source of Hindu law

1. Srutis
It literally means that which has been heard.the word is derived from root of shru which means to hear.in theory it is the primary and paramount source of Hindu law.The srutis consist of four Veda and the Upanishads.

2. Smriti
Another importance Source of hindu law are Smriti. The word is derived from the root of 'smri' means to remember traditionally smritis contain those portion of sruti which sages forget in their original form and where by they wrote in their own language with help of memory.There are two kinds of smritis Dharmasutras and Dharmashastra.

3. Customs
Custom is regarded as the third Source of Hindu law. from the earliest period custom is regarded as the highest Dharma as defined by judicial committee.Custom signifies a rule which a particular family or class has from long usage and obtained the Source of law.

4. Commentaries and Digest
Commentaries and digest are also the record of traditionally customs recorded in smritis. Commentaries and digest cover a period of about 1000
years from 700 AD to 1700 AD.

Secondary source of Hindu law

5. Judicial Decisions
The judicial decisions constitute an important source of Hindu law.A large number of judicial decision have now pilled up almost every point of law. Judicial decision have supplemented and modified the pure Hindu law.

6. Legislation
Another Secondary Source of Hindu law are Legislation.Legislation are act of parliament which have been playing a major role in the formation of Hindu law.Most of them are in the direction of reforming Hindu law and some of them supersedes Hindu law.

7. Equity, Justice and Good conscience
Equity, justice and good conscience are the another Source of Hindu law. The supreme court has declares equity, justice and good conscience as the source of Hindu law.

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