Sources and Schools of Hindu Law
• Hinduism is one of the oldest religions of the world; the Indian civilization is one
of the oldest civilizations.
• Hindu law is said to be of divine origin. One theory suggests that it is derived
from Vedas while western jurists believe that Hindu law is based on ancient
custom and usages.
• According to our Dharmshastras Hindu law is sacrosanct, inviolable and
immutable.
• According to Mayne Hindu law is the law of Smritis as expounded in the
commentaries and dig which are modified and supplemented by customs.
• “Hindu law has the oldest pedigree of any known system of jurisprudence, and
even now it shows no sign of decrepitude.”- Henry Mayne.
• Hinduism in the ancient period did not differentiate between religion, law and
morality. They were all the same back then which was called ‘Dharma’ at that
time
✓ Shruti (basically the Vedas)
✓ Smriti (which means the memorized word)
✓ Sadachara-which means the standards of morality and justice.
• Modern Hindu Law
The codified law and uncodified law are two types of Modern Hindu Law.
Codified law administers every Hindu. The concepts of schools of Hindu Law
does not exist in codified law, however, it exists in uncodified Hindu Law. Vedas
and Smritis were the form of sources in which, many scholars all around India,
wrote the commentaries which formed the basis for schools of Hindu Law.
, Sources of Hindu law
Sources of Hindu Law
Commentaries Justice,
Judicial equity and
Shrutis Smritis And decision Legislation Custom
good
Digest s conscience
• There is the two-fold classification of the sources of the Hindu law
1. Ancient sources 2. Modern sources
➢ Shrutis ➢ Judicial Decisions
➢ Smritis ➢ Legislative Enactments
➢ Commentaries and Digests ➢ Rules of Equity, Justice
➢ Customs and Good Conscience
1. Shrutis (Shruti means ‘to hear’)
• The term 'shruti' is derived from the word 'shru' which means 'to hear'. It is
considered to be primary and paramount source of Hindu Law. It is believed that
words of deity were revealed to sages. Shruti’s are the sacred pure utterance that
has been enshrined in the Vedas and the Upanishads. No written material was
available at that time so the primary way to communicate the knowledge was
• Hinduism is one of the oldest religions of the world; the Indian civilization is one
of the oldest civilizations.
• Hindu law is said to be of divine origin. One theory suggests that it is derived
from Vedas while western jurists believe that Hindu law is based on ancient
custom and usages.
• According to our Dharmshastras Hindu law is sacrosanct, inviolable and
immutable.
• According to Mayne Hindu law is the law of Smritis as expounded in the
commentaries and dig which are modified and supplemented by customs.
• “Hindu law has the oldest pedigree of any known system of jurisprudence, and
even now it shows no sign of decrepitude.”- Henry Mayne.
• Hinduism in the ancient period did not differentiate between religion, law and
morality. They were all the same back then which was called ‘Dharma’ at that
time
✓ Shruti (basically the Vedas)
✓ Smriti (which means the memorized word)
✓ Sadachara-which means the standards of morality and justice.
• Modern Hindu Law
The codified law and uncodified law are two types of Modern Hindu Law.
Codified law administers every Hindu. The concepts of schools of Hindu Law
does not exist in codified law, however, it exists in uncodified Hindu Law. Vedas
and Smritis were the form of sources in which, many scholars all around India,
wrote the commentaries which formed the basis for schools of Hindu Law.
, Sources of Hindu law
Sources of Hindu Law
Commentaries Justice,
Judicial equity and
Shrutis Smritis And decision Legislation Custom
good
Digest s conscience
• There is the two-fold classification of the sources of the Hindu law
1. Ancient sources 2. Modern sources
➢ Shrutis ➢ Judicial Decisions
➢ Smritis ➢ Legislative Enactments
➢ Commentaries and Digests ➢ Rules of Equity, Justice
➢ Customs and Good Conscience
1. Shrutis (Shruti means ‘to hear’)
• The term 'shruti' is derived from the word 'shru' which means 'to hear'. It is
considered to be primary and paramount source of Hindu Law. It is believed that
words of deity were revealed to sages. Shruti’s are the sacred pure utterance that
has been enshrined in the Vedas and the Upanishads. No written material was
available at that time so the primary way to communicate the knowledge was
