Introduction
Hindu law is one of the oldest legal systems in the world, maintaining its significance and relevance even after thousands of years. To understand Hindu law comprehensively, it is essential to study its sources, which are deeply rooted in ancient religious texts. These sources illustrate the historical and spiritual origins of Hindu law. In this article, we explore the primary and secondary sources that have shaped Hindu law into its current form, emphasizing the role of foundational texts like Shruti and Smriti.
Primary Sources of Hindu Law
The primary sources of Hindu law have been pivotal in its formulation and evolution. These include Shruti, Smriti, Commentaries, and Digests.
1. Shruti (Vedas)
The term Shruti means “what is heard.” Shruti forms the foundation of Hindu law and represents knowledge revealed by God to ancient sages. These texts were transmitted orally and are considered eternal and divine. Shruti consists of the four Vedas:
- Rigveda
- Yajurveda
- Samaveda
- Atharvaveda
While primarily religious, the Vedas also offer insights into the social and legal values of ancient Indian society. The principles derived from these texts form the basic structure of Hindu law.
2. Smriti (Ancient Texts)
The term Smriti means “to remember.” Unlike Shruti, Smriti texts are composed by humans and are based on the principles outlined in the Vedas. The major Smritis are:
- Manu Smriti
- Yajnavalkya Smriti
- Narada Smriti
Manu Smriti, the oldest and most influential Smriti, predominantly allocated rights to Brahmins while denying women and Shudras significant privileges. Over time, Yajnavalkya Smriti offered a more systematic and concise approach, showing a liberal perspective compared to Manu Smriti. Finally, Narada Smriti recognized the rights of women and provided them with legal acknowledgment, marking an evolution in societal norms.
3. Commentries and Digest
These were based on the smriti and their principles . But later they were on the form of all smriti