Classical Hindu law
Encyclopedia
Classical Hindu law is a category of Hindu law
found in ancient India that traditionally begins with the transmittance of the Vedas
and ends in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal
government. Law during the classical period was theologically based on the dharmasastra
, and dharma which was traditionally delineated by "learned people" or scholars of the Vedas. However, in reality, classical Hindu law was diverse in practice, varying between locations, vocational groups, and castes. Thus, the common source of classical Hindu law was the community and, therefore, laws on a whole were highly decentralized and diverse. These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place. Records of classical Hindu law can be found in the Manu Smriti
and other smṛti literature; although, actual court records during this time period are rare.
However, ācāra was the law that was conveyed in actual practice.
is a section of texts that are learned through hearing and are synonymous with the Vedas. Originally transmitted to ancient Rishis by way of cosmic vibration, the texts are considered the highest form of revelation. Because of their divine origin, the texts were passed orally through the generations by a select group of people who were granted the power to interpret the texts into more tangible laws. Although the texts themselves contain no specific law codes or rules, they are the claimed source for all classical Hindu Laws. These texts contain the four Vedas and the supplementary commentary associated with them.
, defined as tradition, is the second source of dharma and specifically refers to the written texts which cite the traditions of lawful virtuous people. These texts include the Dharmasastras. Smriti refers to the collections of acara or customary law wherein learning takes place. Smriti is the testimony of people who know the Vedas and is considered as the secondary Veda. Unlike Sruti, revelation, Smriti is based on memory; specifically those of sages who transmit their memories of traditions onto men as a means of passing down their wisdom. Smriti also represents the complete set of sacred literature: the six Vedangas, the epics (the Mahabharata and the Ramayana) and the Puranas.
is the third source of dharma and refers to the community norms and standards of a particular social group. Traditionally, according to the dharmasastras, these standards are derived from the actions of those so fully learned in the Vedas that all their actions are aligned with Vedic teaching. Such actions are looked towards for example in times when information regarding a particular instance is not found within śruti and smṛti literature. Although theologically the Vedas or śruti literature should be the primary source for information regarding Hindu law, in reality, ācāra provided the basis for the working system of law during the classical period. Along with this shift away from laws directly resulting from the Vedas came the normalization of leaders whose actions are considered ācāra yet are not Vedic scholars. Overtime, merchant leaders, heads of caste, and community leaders became the true sources of ācāra and therefore, also became the primary source for rulings within the Hindu law tradition.
is defined as being what is pleasing to oneself and is considered by some to be the fourth source of dharma. However, only the law codes of Manu and Yājñavalkya cite atmatusti as the fourth source of law. Most scholars do not recognize atmatusti as a source of dharma within Hindu Law because it does not have the same authority as sruti, smriti, and acara. Atmatusti is used as a last resort where a person may only use it if the first three legitimate sources do not address the issue in question.
Hindu law
Hindu law in its current usage refers to the system of personal laws applied to Hindus, especially in India...
found in ancient India that traditionally begins with the transmittance of the Vedas
Vedas
The Vedas are a large body of texts originating in ancient India. Composed in Vedic Sanskrit, the texts constitute the oldest layer of Sanskrit literature and the oldest scriptures of Hinduism....
and ends in 1772 with the adoption of "A Plan for the Administration of Justice in Bengal" by the Bengal
Bengal
Bengal is a historical and geographical region in the northeast region of the Indian Subcontinent at the apex of the Bay of Bengal. Today, it is mainly divided between the sovereign land of People's Republic of Bangladesh and the Indian state of West Bengal, although some regions of the previous...
government. Law during the classical period was theologically based on the dharmasastra
Dharmasastra
Dharmaśāstra is a genre of Sanskrit texts and refers to the śāstra, or Indic branch of learning, pertaining to Hindu dharma, religious and legal duty. The voluminous textual corpus of Dharmaśāstra is primarily a product of the Brahmanical tradition in India and represents the elaborate scholastic...
, and dharma which was traditionally delineated by "learned people" or scholars of the Vedas. However, in reality, classical Hindu law was diverse in practice, varying between locations, vocational groups, and castes. Thus, the common source of classical Hindu law was the community and, therefore, laws on a whole were highly decentralized and diverse. These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place. Records of classical Hindu law can be found in the Manu Smriti
Manu Smriti
' , also known as Mānava-Dharmaśāstra , is the most important and earliest metrical work of the Dharmaśāstra textual tradition of Hinduism...
and other smṛti literature; although, actual court records during this time period are rare.
Sources
Classical Hindu law was theologically based on the Dharmasastras. Traditionally these texts established the rules of dharma which could be found through three sources. Theologically the most important source for dharma was from the śruti or Veda because it was acknowledged to be of divine origin. If one could not find a particular idea in the Vedas, the Dharmasutras instructed him or her to consult the next source of authority: smṛti followed then by ācāra and in some cases ātmatuṣṭi.- The Law is set forth in the Vedas and the Traditional Texts. When these do not address an issue, the practice of cultured people becomes authoritative. (VaDh 1.4-5)
However, ācāra was the law that was conveyed in actual practice.
Śruti
ŚrutiSruti
' , often spelled shruti or shruthi, is a term that describes the sacred texts comprising the central canon of Hinduism and is one of the three main sources of dharma and therefore is also influential within Hindu Law...
is a section of texts that are learned through hearing and are synonymous with the Vedas. Originally transmitted to ancient Rishis by way of cosmic vibration, the texts are considered the highest form of revelation. Because of their divine origin, the texts were passed orally through the generations by a select group of people who were granted the power to interpret the texts into more tangible laws. Although the texts themselves contain no specific law codes or rules, they are the claimed source for all classical Hindu Laws. These texts contain the four Vedas and the supplementary commentary associated with them.
Smṛti
SmritiSmriti
Smriti literally "that which is remembered," refers to a specific body of Hindu religious scripture, and is a codified component of Hindu customary law. Smṛti also denotes non-Śruti texts and is generally seen as secondary in authority to Śruti. The literature which comprises the Smrti was...
, defined as tradition, is the second source of dharma and specifically refers to the written texts which cite the traditions of lawful virtuous people. These texts include the Dharmasastras. Smriti refers to the collections of acara or customary law wherein learning takes place. Smriti is the testimony of people who know the Vedas and is considered as the secondary Veda. Unlike Sruti, revelation, Smriti is based on memory; specifically those of sages who transmit their memories of traditions onto men as a means of passing down their wisdom. Smriti also represents the complete set of sacred literature: the six Vedangas, the epics (the Mahabharata and the Ramayana) and the Puranas.
Ācāra
ĀcāraAcara
Acara may refer to:* Acara , a former region of the Ottoman Empire in present-day Georgia* Blue acara, a colorful freshwater fish* Zebra acara, a tropical freshwater fish...
is the third source of dharma and refers to the community norms and standards of a particular social group. Traditionally, according to the dharmasastras, these standards are derived from the actions of those so fully learned in the Vedas that all their actions are aligned with Vedic teaching. Such actions are looked towards for example in times when information regarding a particular instance is not found within śruti and smṛti literature. Although theologically the Vedas or śruti literature should be the primary source for information regarding Hindu law, in reality, ācāra provided the basis for the working system of law during the classical period. Along with this shift away from laws directly resulting from the Vedas came the normalization of leaders whose actions are considered ācāra yet are not Vedic scholars. Overtime, merchant leaders, heads of caste, and community leaders became the true sources of ācāra and therefore, also became the primary source for rulings within the Hindu law tradition.
Ātmatuṣṭi
AtmatustiAtmatusti
Atmatusti is translated into English as being “what is pleasing to oneself”. Other scholars have also used different terms to describe atmatusti. For example, Derrett’s translation from French to English of Lingat’s ‘‘The Classical Law of India’’ has coined the term “inner contentment” in...
is defined as being what is pleasing to oneself and is considered by some to be the fourth source of dharma. However, only the law codes of Manu and Yājñavalkya cite atmatusti as the fourth source of law. Most scholars do not recognize atmatusti as a source of dharma within Hindu Law because it does not have the same authority as sruti, smriti, and acara. Atmatusti is used as a last resort where a person may only use it if the first three legitimate sources do not address the issue in question.