SOURCES OF HINDU LAW

SOURCES OF HINDU LAW :
Hindu Law is mainly a law governing the Hindus. It is based on immemorial custom, and secular law which was called Dharma.
ANCIENT SOURCES :
Ancient sources are Sruti, Smrits, Commentaries and digests, Sadachara or Custom and Doctrine of factum valet.
SRUTI:
The Srutis are regarded as of divine origin from Vedas. Sruti literally means "What was heard" by the sages in a revelation by God which include the four vedas (by sage Vyas) namely Rig, Yajur, Sama and Atharvana Vedas, the six vedangas and the Upanishads. The period of Vedas is estimated to be 4000-1000 B.C. The Vedas are revelations of the Almighty. These vedas contained practically no law; they dealt with different forms of marriage, adoption, partition and the exclusion of women from inheritance.
SMRITIS :
It means "What was remembered". These are what were recorded by the sages in their own words of what they had heard from God. The smritis are classified as Primary Smirities and Dharmastras which constitute important sources of law. Among the Smritis, the Naradha Smritis and the Manu Smriti are very important. All these Smritis deal with the civil and criminal law, the laws of marriage and the rules of procedural law.
Next to the Vedas, Smritis are the most important source of Hindu law. The early smritis were termed as dharma sutras which were mostly in prose form. The later smritis were termed as dharma shastras, which are more systematic expostions than dharma sutras. The oldest smriti is the manu smriti. The manu smriti deals with 18 titles relating to civil and criminal law, marriage, and procedural law. The Yagnavalkya smriti (containing1010 slokas) provides that king was subordinate of Law. The other smrities are the Narada smriti and Brihaspati smriti which deal with legal subjects. Narada smriti recognised the power of the kings to make laws.
COMMENTARIES AND DIGESTS :
Since the Smritis did not agree with each other, they gave rise to commentaries which are otherwise called 'Nibandhas'. They were writen during the period between 700 A.D. to 1700 A.D. The Yagnavalkia smriti is commented upon by Vigneswara which has later become the 'Mitakshara School of Hindu Law'. The same Smriti was also commented by Jimutuvahana which later became the 'Dayabhaga School of Hindu law'.

SADACHARAS OR CUSTOMS :
Custom is a rule of action uniformly and continuously followed by the bulk of the people for a long time. Custom is recognised as an important source of all civil laws. According to 'Manu', the King must inquire into the particular laws of custom of traders.