Hindu Law

Hindu law is traditionally derived from the Smritis, which were composed by various seers and sages (Rishis) in ancient India.

Sources of classical Hindu law arose from the religious texts of the Dharmashastra and codified by Dharmashastra writers.

The social structure is based on the varna and jati systems. Varna system categorises society into four sections based on personality characteristics and activities:

1. Brahmin
2. Kshatriya
3. Vaishya
4. Sudra

Lex Loci means law of the land. There was no lex loci or law of the land for non-Hindus and non-Muslims.

The First Ashrama - "Brahmacharya" or the Student Stage
The Second Ashrama - "Grihastha" or the Householder Stage
The Third Ashrama - "Vanaprastha" or the Hermit Stage
The Fourth Ashrama - "Sannyasa" or the Wandering Ascetic Stage

In Hinduism, human life is believed to comprise four stages.
These are called "ashramas" and every man should ideally go through each of these stages:
The First Ashrama - "Brahmacharya" or the Student Stage
The Second Ashrama - "Grihastha" or the Householder Stage
The Third Ashrama - "Vanaprastha" or the Hermit Stage
The Fourth Ashrama - "Sannyasa" or the Wandering Ascetic Stage

According to the Privy Council, Hindus are those born as Hindus and also those who converts to Hinduism.
The case on this is Abraham V. Abraham.

The four goals of human life are:

1. Dharma (righteousness, moral values)
2. Artha (prosperity, economic values)
3. Kama (pleasure, love, psychological values)
4. Mokṣa (liberation, spiritual values)

Varna system categorises society into four sections based on personality characteristics and activities:

1. Brahmin
2. Kshatriya
3. Vaishya
4. Sudra

The Hindu law applies:
(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

The primary or ancient sources of Hindu law are as follows:
(i) Shruti
(ii) Smriti
(iii) Digests and Commentaries 
(iv) Custom

Hindu law applies to all the following categories:

1. Hindus by birth and also Hindus by conversion
2. Illegitimate children where father is a Christian and mother is a Hindu and children are brought up as Hindu
3. Nambudri and Bharma Samaj

The sruits consists of four Vedas and six Vedangas.

The secondary and modern sources of Hindu law are as follows:
(i) Justice, equity and good conscience
(ii) Precedent
(iii) Legislation

Commentaries are categorised under the primary or ancient source of Hindu law.

The Rig Veda is an ancient Indian collection of Vedic Sanskrit hymns. It is one of the four canonical sacred texts of Hinduism known as the Vedas.

The Dharmasutras are the first four texts of the Dharmashastra tradition and they focus on the idea of dharma, the principal guide by which Hindus strive to live their lives. The Dharmasutras are written in concise prose, leaving much up to the educated reader to interpret.

The Vedas are four and are listed as follows:

1. The Rig Veda
2. The Yajur Veda
3. The Sama Veda
4. The Atharva Veda

Shiksha: phonetics, phonology and morphophonology
Kalpa: ritual
Vyakarana: grammar
Nirukta: etymology
Chandas: metre
Jyotisha: time measurement, forecasting movement of Sun, Moon and planetary movement, astronomy 

The Mitākṣarā is a legal commentary on the Yajnavalkya Smriti, best known for its theory of "inheritance by birth". It was written by Vijñāneśvara, a scholar in the Western Chalukya court, in the late eleventh and early twelfth century.

Legislation comes under the secondary and modern sources of Hindu law.

The Yajurveda is divided into two main samhitas: the Shukla (White) Yajurveda and the Krishna (Black) Yajurveda.

Smritis have two kinds: Dharma Sutras and Dharma Shastras. 

Vedangas are six and are listed as follows:
Shiksha: phonetics, phonology and morphophonology
Kalpa: ritual
Vyakarana: grammar
Nirukta: etymology
Chandas: metre
Jyotisha: time measurement, forecasting movement of Sun, Moon and planetary movement, astronomy

The Mitākṣarā is a legal commentary on the Yajnavalkya Smriti, best known for its theory of "inheritance by birth".