Dr.

Tabossum Cltaudhary
Dept.of Law
AMU
Study Material
HINDIJIAW-1
8 A LL B <HONS) Y SEMESTER
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SOURCES OF HINDU LAW
Hindu law is considered to be the most ancient and prolific law in the world. It has been around
every phase. It is about 6000 years old. Hindu law has been established by the people, not for
the purpose of removing any crime or transgression from soc iety bul it was established so that
the people will follow ii in order to attain salvation. Originally Hindu law was es1ablished so
that the need of the people gets fulfilled. The concepl was initiated for the welfare of the people.

Sources of Hindu Law

Ancient Sources
Modem[ ou,ces
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S!.YJj_ Smriti
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Cu s tom s
1
Digest s & Principles of Precedent Legislation
equity
~ me"W<s Justice & Good
-Conscience

Early Smriti later Smrities

There is the lwo-fold classification of the sources of the Hindu law

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tk. Tabassum Choudhary
Dept. of Law
AMU
• Digest and commentaries
Sbruti
The term Shruti means what has been heard. It contains the sacred words of the god. This
source is considered to be the most important and essential source of all. Shruti's are the sacred
pure utterance that has been enshrined in the Vedas and the Upanishads. They have religious
nexus with a person and helps him in a way to attain the knowledge of salvation and
incarnation It is considered to be the primitive source containing the knowledge of the law.
It literally means that which has been heard. The word is derived from the root ..shru" which
means 'to hear'. In theory, it is the primary and paramount source of Hindu law and is believed
to be the language of the divine revelation through the sages.
The synonym ofshruti is Veda. It is derived from the root "vid.. meaning 'to know' The term
Veda is based on the tradition that they are the repository of all knowledge. There are four
Vedas namely, Rig Veda (containing hymns in Sanskrit to be recited by the chief priest),
Yajurva Veda (containing formu las to be recited by the officiating priest), Sama Veda
(containing verses to be chanted by seers) and Atharva Veda (containing a collection of spells
and incantations, stories, predictions, apotropaic charms and some speculative hymns).
Each Veda has three parts viz. Sanhita (which consists mainly of the hymns), Brahmin (tells
us our duties arxl means of performing them) and Upanishad (containing the essence of these
duties). The shrutis include the Vedas along with their components.
Smritis
The word Smriti is derived from the root ··smri" meaning 'to remember'. Traditionally, Smritis
contain those portions of the Shrutis which the sages forgot in their original form and the idea
whereby they wrote in their own language with the help of their memory. Thus, the basis of
the Smritis is Shrutis but they are human works.
There are two kinds ofSmritis viz. Dharmasutras and Dharmashastras. Their subject matter is
almost the same. The difference is that the Dharmasutras are written in prose, in short maxims
(Sutras) and the Dharmashastras are COl11)0sed in poetry (Shlokas). However, occasionally, we
find Shlokas in Dharmasutras and Sutras in the Dharmashastras. In a narrow sense, the word
Smriti is used to denote the poetical Dhannashastras.
The number ofSmriti writers is almost impossible to determine but some of the noted Smriti
writers enumerated by Yajnavalkya (sage from Mithila arxl a major figure in the Upanishads)
are Manu, Atri, Vishnu, Harita, Yajnavalkya, Yama, Katyayana, Brihaspati, Parashar, Vyas,
Shankh, Daksha, Gautama, Shatatapa, Vasishtha, etc.

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Dr. Tabas.sum Choudhary
~pt.of Law
AMIJ
The rules laid down in Smritis can be divided into three categories viz. Achar (relating to
morality), Vyavahar (signifying procedural and substantive rules which the King or the State
applied for settling disputes in the adjudication of justice) and Prayaschit (signifying the penal
provision for commission of a wrong).
Smritis are considered as text which has been remembered and then interpreted by the rishis
throughout the generation. There is a further classification of the term Smritis which are as
follows
• Dharma Sutra (Prose)
• Dharma Shastras (Poetry).
Commentaries and digest
The third ancient source of Hindu law is commentaries and digestives. Commentaries and
digestives have expanded the scope of Hindu law. It played a very major role in developing the
very concept of Hindu law. It helped in the interpretation of the smritis. Single interpretation
of the smritis is called as a commentary while different interpretations of the smritis is known
as digestive. Dayabhaga and Mitakshara are considered to be the two most important
commentaries.
Customs
Customs is the tradition that has been practiced in society since ancient times. It is the type of
practice which is under the continuous observation of the people has been followed by the
people.
Further, the customs have been classified into two categories•
• Legal customs
• Conventional customs
Legal customs
Legal custom is those customs which are enforceable or sanctioned by law. It can' t be deemed
invalid until the law itself declares it invalid. There are two types of legal customs.
Local customs
Local customs are the customs that are practiced in a local area. This type of custom is not
highly recognized.
General customs
General customs are the customs or traditions which are practiced in a large area. This type of
custom is highly recognized by people.
C onventional customs

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