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Topic: Hindu law


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In the News (Wed 23 Dec 09)

  
  Religious law - Wikipedia, the free encyclopedia
Law, in the religious sense, also includes codes of ethics and morality which are upheld and required by God.
In Christianity, law is often contrasted with grace (see also Law and Gospel): the contrast here speaks to attempts to gain salvation by obedience to a code of laws as opposed to seeking salvation through faith in the atonement made by Jesus on the cross.
Hindu law is largely based on the Manu Smriti or 'Institutions of Manu.' It was recognized by the British after their occupation of India, but its influenced has largely waned in 20th century India with its general policies of secularization.
en.wikipedia.org /wiki/Religious_law   (608 words)

  
 Hindu law - Wikipedia, the free encyclopedia
One final definition of Hindu law, or classical Hindu law, brings the realm of legal practice together with the scholastic tradition of Dharmaśāstra by defining Hindu law as a usable label for myriad localized legal systems of classical and medieval India that were influenced by and in turn influenced the Dharmaśāstra tradition.
From this period on, the codification of Anglo-Hindu law by parliamentary action and the continued growth of case law on questions of Anglo-Hindu law diminished the relevance of and interest in Dharmaśāstra as the putative source of Anglo-Hindu law.
Law was generally not among the colonial legacies that the nationalist movement in India wanted to remove or overturn.
en.wikipedia.org /wiki/Hindu_law   (1737 words)

  
 Questions about Hinduism - Hindu American Foundation [HAF]
Hindus believe in one, all-pervasive supreme God, though He or She may be worshipped in different forms and by different names.
Hindus believe that the soul is immortal and evolves by experiencing many varied lives through the process wherein the soul reincarnates into different physical bodies through cycles of birth and death.
The ultimate aim of Hindus is for the soul to attain freedom from this continuous cycle of birth and rebirth and return to its divine origin.
www.hinduamericanfoundation.org /hintro_questions.htm   (762 words)

  
 Women And Hindu Marriage Law
The term "Hindu" in post-independence Hindu law governing marriage, divorce, adoption, maintenance, guardianship and succession, describes not only persons who are Hindu by religion, but also those who are Sikh, Buddhist, and Jain.
For example, the law makes it very clear that in a Hindu marriage, where the ceremony includes the saptpadi, the ritual of circling the sacred fire seven times, the ceremony becomes complete and the marriage binding when the seventh round is completed.
A Hindu marriage register is found in the Office of the Registrar of Marriages, usually located in District or Divisional court compounds.
www.countercurrents.org /gender-marriage031103.htm   (1549 words)

  
 OurKarnataka.com : Know your Law: Indian and Karnataka Laws
In a leading case, the claimant was a Hindu woman; she was not legally wedded wife of Christian married man. They were living together for years.
Hence it is not enforceable in a court of law.
Law is one of the oldest institutions of the society.
www.ourkarnataka.com /Articles/law.htm   (2083 words)

  
 Seasons India :: Hindu Marriage Act - Hindu Weddings
It governs Hindu marriages and has brought about important changes to the law on this subject prevailing earlier.
It provides that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto and where such rites include the Saptapadi, the marriage becomes complete when the seventh step is taken.
Registration of marriages: For the purpose of facilitating proof of Hindu marriage provision for registration may be made by the State Government, under the Hind Marriage act of 1955.
www.seasonsindia.com /marriage/hindu_sea.htm   (648 words)

  
 Hinduism - The Smritis
Hindu society is founded on, and governed by, the laws made by these three great sages.
The laws of Manu are intended for the Satya Yuga; those of Yajnavalkya are for the Treta Yuga; those of Sankha and Likhita are for the Dvapara Yuga; and those of Parasara are for the Kali Yuga.
The laws and rules which are based entirely upon our social positions, time and clime, must change with the changes in society and changing conditions of time and clime.
www.hinduism.8k.com /smritis.html   (1036 words)

  
 The Hindu Business Line : Daughters better off than sons
The law, by excluding the daughter from participating in the coparcenary ownership, not only discriminated against her on the grounds of gender but also led to oppression and negation of her fundamental right of equality guaranteed by the Constitution.
The new law omits Section 23 of the Hindu Succession Act, 1956 and enables the daughter to demand a partition of a joint family dwelling house occupied by members of the coparcenary.
The old law laid down that a female member of the HUF cannot convert her individual property into joint family property by the device of throwing into the hotchpotch.
www.thehindubusinessline.com /2005/10/01/stories/2005100100241100.htm   (867 words)

  
 Kenya   (Site not responding. Last check: 2007-11-03)
For the moment, marriage and divorce laws continue to be customary, statutory, Islamic and Hindu laws, though discussions continue on proposed uniform marriage law.
The marriage and divorce laws commission produced a draft code that was as uniform as the commission deemed feasible, but since the 1970s efforts to enact a uniform marriage law have been unsuccessful.
Marriage law continues to be governed by several regimes: civil, Christian, Hindu and Muslim marriages are governed by separate legislation and communal laws and customary law marriages are also afforded official recognition.
www.law.emory.edu /IFL/legal/kenya.htm   (1466 words)

  
 The Hindu : Business : Hindu Law: can women be coparceners?
A daughter has been given partition right in the Hindu Undivided Family (HUF) with effect from September 2005 by an amendment to Hindu law by the Government.
I believe that it is possible for her to claim a separate status for property inherited from joint family under the new law.
What is amended is Hindu Succession Law and not the Hindu law in all other respects.
www.hindu.com /2006/10/16/stories/2006101600601700.htm   (374 words)

  
 Lohana Online
Dr Menski is a German indologist (PhD in Hindu Law; MA in Sanskrit and Hindi) who is now a leading legal scholar of Hindu law, covering the entire spectrum from Vedic beginnings to the latest Hindu law cases both in Britain and in India.
Law as the job of the lawyers and its place in courtrooms and the smallprint of books, journals and contracts is the image we are fed through television and other media.
However, in a typically Hindu law manner, not only did the pandits disagree, but the precedent from a previously established case was not being applied to new cases, that is to say that the pandits were giving different advice in every case.
www.lohanaonline.com /events/showevents.asp?uid=54   (1875 words)

  
 PLD
Hindu law is based on the religious, moral, social and legal duties, dharmas, given by the Great Power.
Hinduism accepts these beings as part of the Hindu pantheon of gods, revealing different paths to the truth.
The aim was to have matrimonial law administered by the High Courts in India in the exercise of original jurisdiction, on the same footing as the matrimonial law administered by the court for Divorce and Matrimonial Causes in England.
www.saijwanilaw.com /pld_6.html   (842 words)

  
 Supreme Court directs govt to enact Uniform Civil Code   (Site not responding. Last check: 2007-11-03)
The traditional Hindu law - personal law of the Hindus- governing inheritance, succession and marriage was given go-by way back in 1955, the court noted.
Hindu laws relating to marriage were of "sacramental origin" in the same manner as in the case of the Muslims or Christians, it held.
Hindus, Sikhs, Buddhists and Jains have "forsaken their sentiments in the cause of national unity and integration, some other communities would not, though the Constitution enjoins the establishement of a common civil code for the country", the judges observed.
www.hindunet.org /alt_hindu/1995_May_2/msg00074.html   (731 words)

  
 3. Legal definition of "Hindu"
The Buddhists, Jains and Sikhs are explicitly included in the “Hindus by law” but separated from the “Hindus by religion”: at this point, the law follows the usage established by Western scholars, contrary to the original usage.
An interference in Hindu Law by a national legislative body only makes sense in an avowedly Hindu state; in a sense, therefore, the Hindu Marriage Act constitutes an admission by Jawaharlal Nehru that ultimately India is a Hindu state.
The Indian laws make a distinction between what we may call the “Hindu in the broad sense”, to whom Hindu Law applies, and who is coterminous with the Hindu of Persian-Islamic usage, viz.
koenraadelst.bharatvani.org /books/wiah/ch3.htm   (1861 words)

  
 Law & Our Rights   (Site not responding. Last check: 2007-11-03)
So, when the Hindu women want to come out of bad marriages they are in trouble because there is no marriage registration system in the Hindu society in Bangladesh.
There are Hindu men who leave their first wives and take second ones, but the same people resist changes for the better.
Hindu religionist and Professor of Culture and Pali Department of Dhaka University Dr Niranjan Odhikari says, "Marriage registration is as necessary as the babies' birth registration.
www.thedailystar.net /law/2004/06/04/index.htm   (883 words)

  
 GlobaLex - Guide to Indian Laws
A lawyer must pass a degree in law from a recognised university and has to be enrolled as an advocate with the Bar Council of the State in which he intends to practice.
The primary source of law is in the enactments passed by the Parliament or the State Legislatures.
These laws are later published in the Official Gazette (The Gazette of India or the State Gazette) Most enactments delegate powers to the executive to make rules and regulations for the purposes of the Acts.
www.nyulawglobal.org /globalex/India.htm   (3189 words)

  
 THE HINDU SUCCESSION ACT, 1956
Explanation 1.--For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.
Explanation 2.--Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.
Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time bing in force and applicable to Hindus.
www.sudhirlaw.com /HSA56F.htm   (2468 words)

  
 [No title]
Muslim conquest of northern India undermined the twin pillars of Hindu rule—the role of Kshatriya kingship and Brahmins as advisers to the king.
While thus a community of believers does exist within Hinduism at the level of mat or doctrine, the divide between the schools of thought is so great that it is simply not possible to construe the essential pillars of faith by identifying the common thread that runs through all of the doctrines.
If 'Hindu' as an added attribute of the state may have been functional for legitimising the hold of its rulers at some earlier period in history, that very prefix is proving to be dysfunctional today.
www.south-asia.com /himal/May/howhindu.htm   (1977 words)

  
 Hinduism Today | Jan/Feb 2001
They assumed, for example, that just as the European marriage laws were based in part on systematic constructions derived from church interpretations of Biblical tenets, so must the personal laws of various Indian communities similarly draw their legitimacy from some priestly interpretations of fundamental religious texts.
Though it was the first serious attempt at codification of Hindu law, the text was far from accurate in its references to the original sources, or to their varied traditional interpretations.
The very idea of "Hindu" law, in fact, was as much a novelty as the idea of a pan-Indian Hindu community.
www.hinduismtoday.com /archives/2001/1-2/2001-1-22.shtml   (2934 words)

  
 Hindu Marriage Act - Introduction
Marriage among the Hindus was considered a sacramental union and it continued to be so throughout the entire Hindu period.
Hindus conceived of marriage as a union primarily meant for the performance of religious and spiritual duties.
However with changes in the society marriage among the Hindus which was essentially a sacrament partook the nature of a contract.
www.helplinelaw.com /docs/main.php3?id=HIMA1   (413 words)

  
 Hindu Scriptures
The laws of Smritis and the principles of the Vedas are stamped firmly on the minds of the Hindus through the noble and marvelous deeds of their great national heroes.
The story of the birth of Rama and his brothers, their education and marriages, the exile of Sri Rama, the carrying off and recovery of Sita, his wife, the destruction of Ravana, the Rakshasa King of Lanka, and the reign of Sri Rama, are described in detail in Ramayana.
The more you know of India and Hinduism, the more you will honour and love it and the more thankful to the Lord you will be that you were born in India as a Hindu.
www.hinduism.co.za /vedas-.htm   (10847 words)

  
 The Case of India   (Site not responding. Last check: 2007-11-03)
The Hindu Code Bill of 1948 was the first of such endeavors to codify the vast array of Hindu customs and rules (revised in 1957, 1976), followed by several others dealing with succession, adoption, guardianship of minors, maintenance and so on.
Incidentally, although called ‘Hindu this-and-that laws’ these govern all Indians who are not Muslims, or Christians, and in that respect are more or less fairly common civil codes across all sects of Hindu community (even though their intent was to reform older Hindu laws and acts to bring them in line with civil code).
Hence codification of personal law as the first step, and that too at the initiative of the concerned community; i.e, the affected community has to ask for legislation; or as  S S Nigam had put it, “the respective areas in which religious influence is still strong have to be demarcated with sympathy, understanding and vision”.
www.law.emory.edu /IFL/cases/India.htm   (11882 words)

  
 [No title]
It extends to the whole of India excepts the State of Jammu and Kashmir and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.
– (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar or payment to him of the prescribed fee.
www.keral.com /matri/law2.htm   (1168 words)

  
 Sacred-Texts: Hinduism
This is a primary text of the Vaishnava branch of Hinduism, and one of the canonical Puranas of the Vishnu category.
These are Hindu law books written by the sages Âpastamba and Gautama, in the first millenium B.C. The Sacred Laws of the Âryas, Part II (SBE 14) George Bühler translator [1879] (Sacred Books of the East, Vol.
These are Hindu law books written by the sages Vasishtha and Baudhâyana, in the first millenium B.C. The Institutes of Vishnu (SBE 7) Julius Jolly, translator [1880] (Sacred Books of the East, Vol.
www.sacred-texts.com /hin/index.htm   (1551 words)

  
 Know Your Law: Divorce under Hindu Law: Adultery:
And every Hindu Wife used to say that in the next "janama" if both got the same sex (female and male) they should marry again and again and always live as husband and wife.
But slowly and steadily this concept did not find favour with social reformers, who wanted that a woman must not be chained with a man who is completely devoid of all the virtues that a reasonable husband should have.
In the literal sense "divorce" means a legal separation of two persons of the opposite sex who desire to respect and honour each other.
www.ourkarnataka.com /Articles/law/divorce1.htm   (543 words)

  
 EBC Catalogue - Modern Hindu Law   (Site not responding. Last check: 2007-11-03)
The reason for looking into the historical and sociological aspects of Law is, that the days are long past when the Courts and lawyers were concerned exclusively with the bare analysis of law as it exists.
This approach is all the more necessary because a treatise of law is of interest to the legislators and sociologists too, who have to deal with the making of law.
The codified branches of Hindu Law are studied here in commentary style.
www.ebc-india.com /cgi-bin/store/agora.cgi?page=a-186.htm   (476 words)

  
 [No title]
Provided that illegitimate children shall be deemed to be related to their mother and to one another, and their legitimate descendants shall be deemed to be related to them and to one another; and any word expressing relationship or denoting a relative shall be construed accordingly.
When a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this Act;
– For the purposes of this section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.
www.keral.com /matri/law3.htm   (1517 words)

  
 Hindu Succession Act   (Site not responding. Last check: 2007-11-03)
Explanation 2: Nothing contained in the proviso to this section shall be construed as enabling a person who has separated himself from the coparcenary before the death of the deceased or any of his heirs to claim on intestacy a share in the interest referred to therein.
Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.
If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the government; and the government shall take the property subject to all the obligations and liabilities to which an heir would have been subjected.
www.indialawinfo.com /bareacts/hsa.html   (2793 words)

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