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Shruti (Śruti) differs from other sources of Hindu philosophy, particularly smṛti "which is remembered" or textual material. These works span much of the history of Hinduism, beginning with the earliest known texts and ending in the early historical period with the later Upanishads. [11]
These express that Shruti, Smṛti and Acara are sources of jurisprudence and law. [30] The precedence of these sources is declared in the opening verses of each of the known, surviving Dharma-sūtras. For example, [30] The source of Dharma is the Veda, as well as the tradition [Smriti], and practice of those who know the Veda.
The [British] colonial administration began the codification of Hindu and Muslim laws in 1772 and continued through the next century, with emphasis on certain texts as the authentic "sources" of the law and custom of Hindus and Muslims, which in fact devalued and retarded those dynamic social systems.
Only Manu and Yājñavalkya refer to Ātmatuṣṭi as the fourth source of dharma within the Hindu Law tradition. Textual accounts of Manu's and Yajnavalkya's placement of Ātmatuṣṭi as a fourth source of dharma can be found in The Law Code of Manu 2.6 and The Law Code of Yajnavalkya 1.7.
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. [4]
The Classical Law of India (Translated by J Duncan M Derrett). University of California Press. ISBN 978-0-520-01898-3. Timothy Lubin; Donald R. Davis Jr; Jayanth K. Krishnan (2010). Hinduism and Law: An Introduction. Cambridge University Press. ISBN 978-1-139-49358-1. John Mayne (1991). A treatise on Hindu law and usage. Stevens and Haynes ...
Dharmaśāstra became influential in modern colonial India history, when they were formulated by early British colonial administrators to be the law of the land for all non-Muslims (Hindus, Jains, Buddhists, Sikhs) in the Indian subcontinent, after Sharia set by Emperor Aurangzeb, was already accepted as the law for Muslims in colonial India.
Because of the social implication revolving around the importance of the household and the community in the creation and administration of law, Hindu law jurisprudentially subordinated state law to the law of castes and life-stages (varnasramadharma). [3] In this manner, each caste and life-stage was responsible for highly localized occupations.