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Religious Legal Systems

A guide to research on religious legal systems through the Dalhousie Libraries

Introduction to Hindu Law

“The Laws of Manu, a mythical author, of circa 200 B.C. shows the beginnings of the legal tradition of great variety although his focus was family, property, and succession law. This early Sanskrit literature was replaced gradually in the colonial period when the British substituted their own translations and understanding in place of what came before; Anglo-Indian law preserved family law areas (five elements of family law-marriage, child marriage, polygamy, divorce, and maintenance) as Hindu personal law and replaced the rest with colonial British law. It was a judge made law. The Hindu Code of independence became one among other personal codes and preserved much of the British innovation. Custom and local tradition could prevail over sacred texts even in the time of classical Indian law. According to the Laws of Manu, there are four sources of dharma: 1) the Vedas, 2) tradition, especially as set forth in treatises like Dharmasastras, 3) customary laws created by local or regional communities, and 4) personal preference.”

The important post-colonial acts of Parliament for the Hindu Code include: the Hindu Marriage Act No. XXV of 1955, Hindu Code (1955); the Hindu Adoptions and Maintenance Act 78 of 1956, Hindu Code (1956); the Hindu Minority and Guardianship Act No. 32 of 1956, Hindu Code (1956); the Hindu Succession Act No. XXX of 1956, Hindu Code (1956); and the Hindu Succession (Amendment) Act No. XXXIX of 2005.

Marylin Johnson Raisch, “Hindu Law” Religious Legal Systems in Comparative Law – A Guide to Introductory Research (2022), online: Globalex, https://www.nyulawglobal.org/globalex/Religious_Legal_Systems1.html#_Hindu_Law

Research Guides to Hindu Law

Primary Sources to Hindu Law

Introduction and Commentary on Hindu Law