What do you mean by Hindu Jurisprudence as distinguished from Hindu Law?
Find the answer to Hindu Law only on Legal Bites.
Question: What do you mean by Hindu Jurisprudence as distinguished from Hindu Law?
Find the answer to Hindu Law only on Legal Bites. [What do you mean by Hindu Jurisprudence as distinguished from Hindu Law?]
Answer
“Hindu Law is the oldest pedigree of any known system of Jurisprudence, and even now it shows no sign of decrepitude.”- John D. Mayne
The word Jurisprudence originates from the Latin term ‘Jurisprudentia’, which means the knowledge of the law. In simple terms, jurisprudence means the study of law or the theory of law. It gives us an understanding of the law and its role in society. It deals in legal reasoning, systems, and institutions related to the same.
Hindu jurisprudence is the oldest jurisprudence in the history of law. It is like European Jurisprudence, a product of religion, but it is far different from that. Hindu Jurisprudence belongs to the concept of Dharma before religion, it is based on the principle of morality, not on fear.
Hindu jurisprudence is the knowledge of Hindu Laws for the followers of Hinduism and the study and interpretation of the structure of this system. Dharmashastras are the basis of justice and laws under this system of jurisprudence.
Concept and Nature of Hindu Jurisprudence
Hindu Jurisprudence is highly affected by the concept of Dharmashastra. It was used as the guiding light for all in Hinduism. Most of the teachings, problems, issues, lifestyles, and laws under Hindu Jurisprudence are based on this concept. Under Hindu Jurisprudence, the duties of an individual have a very important role, and the dominance of this concept is reflected in various texts. The various sources of Hindu Law also indicate this dominance under Hindu Jurisprudence.
Hindu jurisprudence is based upon the concrete principle of Hinduism, but it has evolved over time and per society’s requirements. The graceful development of Hindu Laws is mentioned in the texts of Hindu Jurisprudence.
Principles of Hindu Jurisprudence
Hindu Jurisprudence is based on a few important principles, they are:
- Hindu jurisprudence is the study of law reflected from the perspective of Hinduism and its practices.
- The concept of Dharma prevails over the religion under the Hindu Jurisprudence.
- The doctrine of Karma and its chakra plays an important role in understanding Hindu Law.
- The concept of Moksha and its attainment has been the basis of many customary laws under Hindu Jurisprudence.
Hindu Jurisprudence and Hindu Law
Hindu Law is considered the most ancient law in the world. It is believed to be a divine law that was delivered by God to sages and scholars who have attained the stages of high wisdom. Hindu Law is a body of rules and regulations which originates from Dharmashastras, customs, and usages.
Hindu Law is a combined form of all the regulations, practices, and rules that are given for the purpose of regulating an individual or a society at large. This law governs its followers and provides laws for religious affairs, personal matters, inheritance, etc.
Hindu law is the code of laws and regulations governing the people professing the religion. Whereas Hindu Jurisprudence is the study of these laws and regulations of Hindu Law. Hindu Jurisprudence is that branch of knowledge that is applicable to various branches of Hindu Laws.
On the other hand, Hindu jurisprudence is the study of Hindu Laws, Smritis, shastras, and other religious texts. Hindu law from the standpoint of jurisprudence can be considered Hindu Jurisprudence. Instead of reference to any national law, it is jurisprudence reflected from customs, practices from sculptures, and religious texts on the Hindu Law.
The true character of Hindu Jurisprudence is different from that of the European system. Hindu jurisprudence does not deal with positive law, it is rather regarded as a reflection through the medium of Hindu understanding of laws preserved in the ancient sculptures. It is an understanding of the practices that prevailed over all the others and were followed consistently.
Hindu jurisprudence is based on the studies of Dharma, which is mentioned in Puranas, Vedas, Smritis, and Shrutis. The concept of Dharma has played an important role in the formation of Hindu Law. Hindu Jurisprudence is guided by the Hindu Dharmashastras.
