Journal articles: 'Law (Hindu law)'

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Sandria, Arinita. "Pancasila Values In Tradition On The Bali Hindu Community Reviewed From Bali Adat Law And Hindu's Law." Vidyottama Sanatana: International Journal of Hindu Science and Religious Studies 2, no. 2 (November 2, 2018): 226. http://dx.doi.org/10.25078/ijhsrs.v2i2.622.

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Adat law is an unwritten law that applies to a particular society. One of adat law that is still valid in Indonesia is Balinese Adat Law which is strongly influenced by Hindu religious law. Adat Law Society of Bali has many traditions related to various religious activities, one of which is ngayah. The development of the times influenced the existence of the ngayah tradition in the Balinese Hindu community. Many Balinese Hindus, especially those outside Bali, currently do not carry out ngayah. This will certainly have a negative impact on the continuation of the ngayah tradition. This is what prompted researchers to conduct research on cultivation in the Balinese Hindu community. The problems raised by researchers in this regard are: 1) How the implementation of Pancasila values contained in ngayah in the Balinese Hindu community; and 2) How is the application of sanctions for Balinese Hindus who do not implement ngayah in terms of Adat Law and Hindu LawThis research was carried out in a descriptive analytical way, which provides a careful description of the facts that are related to the research. This study uses a juridical empirical approach. This research was conducted in two stages, namely library research (library research) and field data. Data collection techniques in this study were conducted in two ways, namely doku men and interview studies Data analysis was performed using qualitative juridical analysis methods. The location of the study to obtain data in this writing is the library and institutions related to research. The conclusions that can be drawn are: 1) Ngayah as a tradition in the Balinese Hindu community is very full of the values of Pancasila; and 2) Application of sanctions for Balinese Hindus who do not carry out ngayah in terms of Adat Law and Religious Law in general are customary sanctions in the form of danda

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Nemec. "Hindu Law and Society." Journal of the American Oriental Society 140, no. 1 (2020): 205. http://dx.doi.org/10.7817/jameroriesoci.140.1.0205.

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Davis, Donald R. "Law and “Law Books” in the Hindu Tradition." German Law Journal 9, no. 3 (March 1, 2008): 309–25. http://dx.doi.org/10.1017/s2071832200006441.

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It is by now common knowledge that British colonialism in India transformed or invented many Indian institutions and traditions. Questions of how the transformation occurred, of the extent of Indians’ participation in the changes, and of how to measure the scope of the transformation are all still very much in scholarly debate. The area of law has recently become a productive intellectual site for historians interested in describing the transformative effects of colonial governance. Few of these studies, however, are informed by more than a superficial knowledge of classical and medieval legal traditions in India.

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Overbey, Ryan Richard. "The Spirit of Hindu Law." Numen 58, no. 2-3 (2011): 424–28. http://dx.doi.org/10.1163/156852711x562948.

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Rajeev Kumar Singh and Jivesh Jha. "Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation." QURU’: Journal of Family Law and Culture 2, no. 2 (April 25, 2024): 145–68. http://dx.doi.org/10.59698/quru.v2i2.198.

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Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.

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Kastama, I. Made. "PENDIDIKAN HUKUM HINDU MEMBENTUK MORALITAS MANUSIA HINDU DALAM INTERAKSI SOSIAL." Maha Widya Bhuwana: Jurnal Pendidikan, Agama dan Budaya 5, no. 1 (July 21, 2022): 17. http://dx.doi.org/10.55115/bhuwana.v5i1.1422.

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The purpose of this paper is to explain Hindu law education to shape Hindu human morality, where Hindu law is a rule of law that is mostly contained in the Manawadharmasastra and a tradition passed down from generation to generation known as Sadacara. This writing use normative legal method, namely library research to obtain the secondary data. The data collected through studies literature with study and analyze data in accordance with the problem. The study results show Hindu law education made guidelines in social interactions neither for religious ceremony nor social activity committed by members of Hindu community by studying Hindu law books through non-formal education. Hindu community members become more discipline in thinking, speaking and acting (Tri Kaya Parisuda). The obedience against the rules of Hindu law becomes an obligation that must be carried out voluntarily, to maintain social order and avoid conflicts that exist in society.Keywords: Hindu Law Education, Social Interaction

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Krishnaleela, S. "Comparative Study of Personal Law in India." Shanlax International Journal of Arts, Science and Humanities 7, no. 4 (April 1, 2020): 121–27. http://dx.doi.org/10.34293/sijash.v7i4.2374.

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A woman was considered less than a full human, an object to be transferred by her male guardian. Though the turn in rights and behavior hasn’t quite corrected itself, women, possibly in a better place today than ever before -women are uniformly discriminated in India concerning all religions. Poly gamy forms a key basis for discrimination among Muslim women. In Christians, a wife can claim separation only on the adultery of the husband and his change of profession of Christianity to some other religion and marrying other women -There are different inheritance rules among the male and female Hindus. All this discrimination among the Indian women have to without any distinction be they Christian, Hindu, Muslim, Parsi, Sikh or Buddhist take what is best in all laws and frame a Uniform Civil Code - This article critically examines the uniform discrimination of women in India among Hindu, Muslim and Christian female marriage, Divorce and succession.

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Shah, Prakash. "Transnational Hindu law adoptions: recognition and treatment in Britain." International Journal of Law in Context 5, no. 2 (June 2009): 107–30. http://dx.doi.org/10.1017/s1744552309990036.

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This article examines how the adoption of children under Hindu law in India is regarded by British private international law and immigration law. Through an analysis of case-law, it focuses particularly on how British judges regard the legitimacy of exclusion by the British immigration control system of children who have been adopted under a ‘foreign’ legal system which essentially permits private adoption arrangements. Examining the background to the regime of Indian Hindu law adoptions (which applies to Sikhs as well as Hindus), and the private international law and immigration rules which apply to such adoptees in the UK, the article finds some evidence in the judicial decisions of a more activist, human-rights-based, plurality-conscious position being taken. However, tracking the case-law further, the article concludes that such activism has not been followed through in more recent decisions leaving the conflictual position between transnational adopters and British legal systems largely unresolved.

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Agnes, Flavia. "Has the Codified Hindu Law Changed Gender Relationships?" Social Change 46, no. 4 (December 2016): 611–23. http://dx.doi.org/10.1177/0049085716666635.

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In the context of the current debate around enactment of a Uniform Civil Code (UCC), there seems to be a tacit acceptance that the codified Hindu family law will form the base of such a code. In this context, it has become necessary to examine whether the codified Hindu law, applicable to around 80 per cent of our population, has helped to bring about social transformation and change gender relationships. 1 At times, the continuation of the Hindu Undivided Family property is perceived as its main lacunae, but the discriminatory aspects of the Hindu cultural ethos which dominate the Hindu law of marriage are seldom held up for scrutiny. The ritual of kanyadaan; the notion that girls are paraya dhan; the pious obligation of a Hindu father to marry off his daughter which then gives boost to dowry; the view that Hindu marriages are sacramental and the accompanying pati-parameshwar concept; the premium placed on virgin brides which pressurises parents to perform child marriages and so on still dominate our social ethos and judicial discourse.

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DAVIS, DONALD R. "A Realist View of Hindu Law." Ratio Juris 19, no. 3 (August 15, 2006): 287–313. http://dx.doi.org/10.1111/j.1467-9337.2006.00332.x.

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Brick, David. "The Widow-Ascetic under Hindu Law." Indo-Iranian Journal 57, no. 4 (2014): 353–83. http://dx.doi.org/10.1163/15728536-20140035.

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This article constitutes a fairly comprehensive, largely diachronic analysis of the restrictions placed upon the non-sexual behavior of widows by works of the classical Hindu legal tradition known as Dharmaśāstra. As such, it systematically examines an array of texts belonging to virtually all periods of Dharmaśāstra, beginning with the earliest surviving Dharmaśāstric works and proceeding chronologically forward. This article, therefore, provides a more detailed and reliable account of the rise of widow-asceticism within the orthodox Brahmanical communities that produced these texts than is hitherto available. In this way, it significantly contributes to our broader understanding of how Brahmanical attitudes toward women changed between roughly 300bce and 1500ce.

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Manik Wedanti, I. Gusti Ayu Jatiana, Ulio Ulio, and I. Made Sugita. "Inheritance in Balinese Customary Law: Dynamics and Its Linkage With Hindu Law." Jurnal Indonesia Sosial Teknologi 5, no. 01 (January 22, 2024): 2568–83. http://dx.doi.org/10.59141/jist.v5i1.860.

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The inheritance system in Balinese customary inheritance law is known as the kapurusa system. This kapurusa system is patrilineal and is inspired by Hinduism. The issuance of the Decree of Pasamuhan Agung MUDP Bali Province in 2010 was an initial milestone in the change in the mindset of granting inheritance rights to girls and boys who married nyentana or married out with their wives. Therefore, it is necessary to research the dynamics of inheritance according to Balinese customary inheritance law and its relationship with Hindu law regarding inheritance. Using empirical-normative legal research methods, the findings in this research are the development of a shift in thinking that only sons have the right to inherit the gunakaya or wealth of their parents, which has begun to be seen from the existence of financial gifts or bequests which were previously not done by many people. Parents to their daughters or sons who are getting married is illegal, but now it is common practice. The connection between Hindu law and Balinese customary inheritance law in the field of inheritance can be seen from adopting the kapurusa or patrilineal system in Hindu law. However, it still allows daughters to be the principal heirs by being confirmed as sentana jeg or elevated to equal status with sons.

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Iwanek, Krzysztof. "‘Secularism’ as understood and interpreted by Hindu nationalists." Journal of Language and Politics 17, no. 4 (July 25, 2018): 533–51. http://dx.doi.org/10.1075/jlp.14020.iwa.

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Abstract This article focuses on how Hindu nationalists interpret the term ‘secularism’ in Hindi. I will refer to two Hindi translations of ‘secularism’: dharmnirpekṣtā and panthnirpekṣtā. The first one means indifference towards religion and the second indifference towards communities. My main point is that the Hindu nationalists’ strategy of referring to old, Sanskrit meanings of dharm (which means ‘law’ and ‘order’ aside ‘religion’ and other concepts) make it possible for them to criticise dharmnirpekṣtā and choose panthnirpekṣtā instead. Their position is that the state can only be indifferent to communities and not to dharm, as the latter would also mean being indifferent to ‘law’ and ‘order’. Such an approach helps the Hindu nationalists to claim to be in agreement with the idea of secular Indian state on one hand and promote their religion-linked ideology on the other.

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Srikantan, Geetanjali. "Secularisation and Theologisation." Journal of Law, Religion and State 4, no. 1 (December 12, 2015): 49–95. http://dx.doi.org/10.1163/22124810-00401002.

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The formation of Hindu law has been chronicled by historians and others as a complex process involving the negation of customary law and the upholding of sacred texts, upon which codes of law were formulated. This paper seeks to interrogate the truth behind this narrative by examining the category of Hindu law and the processes that allowed it to emerge within the British colonial legal imagination. It argues that the making of Hindu law was a process of theologisation within an outer framework of secularisation i.e. the Christian theological framework embedded in the secular framework of Western legal epistemology was the background by which “Hindu law” emerged in the eyes of the colonisers. It examines Western legal notions of divine law, natural law, and human law and the role of historical jurisprudence in this process. It finally concludes by examining the implications of the argument for the formation of secular legal systems.

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Newbigin, Eleanor. "The codification of personal law and secular citizenship." Indian Economic & Social History Review 46, no. 1 (January 2009): 83–104. http://dx.doi.org/10.1177/001946460804600105.

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Recent debates about personal law and a uniform civil code in India have seen both Hindu and Muslim leaders insist on the ‘religious’ status of Muslim law vis-à-vis a more secular or ‘civil’ Hindu legal system. This article argues that such claims obscure very important similarities in the development and functioning of these legal systems. Tracing the origins of the current debate to late nineteenth and early twentieth-century debates about law reform, it argues that the systems of personal law in operation in India today are the outcome of late colonial attempts by Hindu and Muslim male reformers to alter their legal systems in ways that served their own interests. The ways in which they succeeded in securing these ends were very different; colonial constructions of Hindu and Muslim religious practices, and later partition, shaped the context within which male reformers sought to assert their claims, before the state and their own religious communities. Thus, far from marking an inherent difference between Hindu and Muslim law, claims about the ‘civil’ or ‘religious’ status of the legal systems serve in both cases to underpin particular forms of patriarchal authority and gender inequality.

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Hooker, M. B. "The “Chinese Confucian” and the “Chinese Buddhist” in British Burma, 1881–1947." Journal of Southeast Asian Studies 21, no. 2 (September 1990): 384–401. http://dx.doi.org/10.1017/s0022463400003295.

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By the late nineteenth century British control over Burma had been firmly established and by 1893 a comprehensive legal system for its population put in place. The guiding principle of the judicial and legislative system was that each racial or religious group had the right to its own law in matters of religion and custom. Thus, Burmese “Buddhist law” for the Burmese, “Mohammadan law” for Muslims and Hindu law for the Hindus. In addition, the customary laws of other ethnic groups were also recognized.

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Davis, Donald R. "Pratiloma Paranoia: Class Hierarchy, Conservatism, and Ethics in Classical Hindu Law." Religions 15, no. 7 (July 7, 2024): 820. http://dx.doi.org/10.3390/rel15070820.

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The Hindu law tradition grounds its social ethics on an ideological hierarchy of class or caste known as varṇa. The positive inculcation of this hierarchy is bolstered by a fear of social inversion, known as pratiloma, in every area of law and society. Through an examination of the concept of pratiloma, this article contends first that the central Hindu law principle of dharma, religious and legal duty, depends upon knowing and abiding by one’s place in society. From this Hindu articulation of social rank as the foundation of ethics, the article then draws a comparison between classical Anglo-American conservatism and Hindu law to suggest that conservative traditions in general base moral action on social station and the fear of breaking social rank. Ethics in Hindu law, therefore, are derived from an acceptance of social station within the varṇa hierarchy and the constant cultivation of local expectations of proper behavior according to social position.

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Padayachy, Shri Kesu. "Law and religion - a Hindu Tamil perspective." Nederduitse Gereformeerde Teologiese Tydskrif 54 (July 29, 2013): 1. http://dx.doi.org/10.5952/54-0-302.

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Aditi, I. Gusti Ayu, Lalu Husni, Lalu Muhammad Hayyanul Haq, and Lalu Sabardi. "Reexamination of the Concept of Justice in the Inheritance System: A Study on Women's Inheritance in the Traditional Society of Bali in Lombok, West Nusa Tenggara, Indonesia." Jurnal IUS Kajian Hukum dan Keadilan 11, no. 3 (December 26, 2023): 602–22. http://dx.doi.org/10.29303/ius.v11i3.1322.

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The Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework.

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Bhat, M. Mohsin Alam, Mayur Suresh, and Deepa Das Acevedo. "Authoritarianism in Indian State, Law, and Society." Verfassung in Recht und Übersee 55, no. 4 (2022): 459–77. http://dx.doi.org/10.5771/0506-7286-2022-4-459.

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While India possesses features conventionally associated with liberal democracies, it has lately been understood to suffer from “democratic backsliding”. Commentators have used descriptions like “authoritarianism”, “electoral autocracy”, “ethnic democracy” and “totalitarianism” to understand the current moment in Indian history. The framework of “autocratic legalism” illuminates the dynamics of centralization of power but there are also elements in the Indian experience that complicate this framework and reflect potentially unique features of the country’s democratic decline. These features can be attributed to the political rise and entrenchment of the Hindu nationalist ideology, profoundly facilitated by the electoral dominance of the Hindu right-wing Bharatiya Janata Party and Prime Minister Narendra Modi since 2014. This article argues that India’s spiral towards authoritarianism is also characterized by a range of disturbing and insidious developments beyond the centralization of state power, which are more concerned with majoritarian power seeping into everyday legality. The article considers three examples of such majoritarianism in everyday legality: the use of “anti-terror” laws against minorities and political opponents, policies driving towards the dispossession of minority citizenship, and the mobilization of the mob in ways that blur the lines separating the state from Hindu nationalist actors. These examples demonstrate how in India, autocratic forces are not merely interested in undermining (meaningful) democracy—all in the name of democracy. Instead, autocracy flourishes as a diverse and relatively disaggregated set of actors undermine democracy in the name of an ostensibly truer, Hindu, Indian nationhood.

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Wisnawa, Dewa Ketut. "Hindu Legal Philosophy in Ngelinggihang Dewa Hyang Tradition: A Case Study in Jero Kuta Customary Village." Udayana Journal of Law and Culture 5, no. 1 (January 31, 2021): 1. http://dx.doi.org/10.24843/ujlc.2021.v05.i01.p01.

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This article discusses Ngelinggihang Dewa Hyang ceremony in Gianyar Regency which is different from the traditions in other regions in Bali. This tradition originates from Hindu law but is implemented differently by each customary village. This study aims to assess the position of Hindu law in Indonesian legislation, discuss Hindu law as the basis for implementing Ngelinggihang Dewa Hyang ceremony, identify the autonomy of customary village in Ngelinggihang Dewa Hyang process, and reveal the public perceptions of this ceremony in Jero Kuta Customary Village, Batubulan Village, Sukawati District, Gianyar Regency. This paper is a socio-religious research that is combined with a legal research. The research suggested that Hindu law does not have an explicit position in national law, but is used as the guideline for Balinese customary law. Sources of Hindu law used in this ceremony are Lontar Purwa Bhumi Kamulan and Manawa Dharmasastra that have been derivated into customary law. The autonomy of the customary village in the process of Ngelinggihang Dewa Hyang can be seen from the dresta (customary law) adopted by the villagers of Jero Kuta Customary Village who carry out this procession on a different day from other rituals. The public perception of this ceremony can be seen from the interaction in family and community scope. It has been revealed that the society does not fully understand the meaning of this religious procession due to the following factors; differences in community understanding of the existence of the Ngelinggihang Dewa Hyang ceremony; ignorance of the community, education Level, and the development of globalization in people's life.

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Gelgel, I. Putu, and I. Putu Sastra Wibawa. "Penyuluhan Hukum Perkawinan Hindu Sebagai Strategi Menuju Desa Sadar Hukum." JURNAL SEWAKA BHAKTI 1, no. 1 (October 3, 2018): 1–7. http://dx.doi.org/10.32795/jsb.v1i1.16.

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Legal awareness of Hindu marriage law that has not been maximal is a problem for the community in Tista Village, Busung Biu Subdistrict, Buleleng Regency. One of the strategies to increase the legal awareness of Tista Village community especially in understanding Hindu marriage law through legal education is done to achieve maximal legal awareness of the community. The Community Service Team succeeded in providing an understanding to the public about the importance of knowing the law of Hindu marriage. Hindu marriage counseling activities by combining lecture and case-case models can be a model of future counseling by no longer doing legal counseling with lecture models only.

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Artika, Gusti Putu, Dhanurseto Hadiprashada, and Neneng Cucu Marlina. "Analisis Makna Pesan Yang Terkandung Di Dalam Relief Ukiran Bangunan Pura Umat Hindu." JURNAL MEDIA INFOTAMA 19, no. 2 (October 2, 2023): 230–36. http://dx.doi.org/10.37676/jmi.v19i2.3885.

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This research was conducted to analyze the meaning of the message contained in the carved reliefs of the Hindu temple building at the Dharma Yatra temple, Rama Agung village. The research method uses qualitative research methods to analyze the meaning of the messages contained in the relief carvings of Hindu temple buildings in the village of Rama Agung using hermeneutic theory. The results of the study show that the meaning of the messages contained in the relief carvings of Hindu temples at the Dharma Yatra temple have meanings that mostly contain religious meanings and social messages and norms that apply in society in the village of Rama Agung. The religious meaning is in the form of the meaning of religious values and religious teachings, especially Hinduism, the meaning of social messages, namely social rules and regulations that apply in the community in the village of Rama Agung and norms or rules have the meaning of traditional law or customary law of Hindus in the Rama Agung village.

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Sharma, R. K., and Chanchal Bhattacharya. "The Concept of Theft in Classical Hindu Law." Journal of the American Oriental Society 112, no. 1 (January 1992): 168. http://dx.doi.org/10.2307/604629.

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Syed Nadeem Farhat. "Hindu Marriage Law: Need, Impediments and Policy Guidelines." Policy Perspectives 12, no. 2 (2015): 131. http://dx.doi.org/10.13169/polipers.12.2.0131.

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Bates, Karine. "The Hindu Succession act: One Law, Plural Identities." Journal of Legal Pluralism and Unofficial Law 36, no. 50 (January 2004): 119–44. http://dx.doi.org/10.1080/07329113.2004.10756581.

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Subramanian, Narendra. "Making Family and Nation: Hindu Marriage Law in Early Postcolonial India." Journal of Asian Studies 69, no. 3 (August 2010): 771–98. http://dx.doi.org/10.1017/s0021911810001476.

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Postcolonial states responded differently to the group-specific personal laws that were recognized in many colonial societies. While some retained most colonial personal laws (e.g., Lebanon) and others introduced major changes (e.g., Tunisia), most introduced modest yet significant changes (e.g., Egypt, India, Indonesia). Indian policy makers retained personal laws specific to religious groups, and did not change the minority laws, although minority recognition did not rule out culturally grounded reform. They changed Hindu law alone based on their values, as they saw Hindu social reform as the key to making nation and citizen. Reform proposals drew from the modern Western valuation of the nuclear family, and from Hindu traditions that were reformed to meet standards of modernity. As Hindu nationalists and other conservatives defended lineage authority, legislators retained much of the lineage control over ancestral property. But they provided limited divorce rights, reduced restrictions on mate choice, and banned bigamy. The visions driving the initial proposals influenced many later changes in India's family laws.

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Ekasana, I. Made Suastika. "PENCURIAN PRATIMA DALAM KAJIAN HUKUM PIDANA HINDU." VYAVAHARA DUTA 16, no. 1 (March 31, 2021): 37. http://dx.doi.org/10.25078/vd.v16i1.2200.

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Pratima Theft Crime is part of the crime of theft or crimes against property or objects that are sacred and sacred or sacred and sanctified which are related to symbols of God, Goddesses, Bhatara-Bhatari and their manifestations. Pratima theft is part of a crime against property as regulated in Book II of the Criminal Code and is also regulated in Hindu Law as Corah or Asteya in Article 6 in conjunction with Articles 336 - 343 Astamo dhyayah Weda Smrti (Manawa Dharmasastra) in conjunction with Articles 51 - 70 Ekodaco dhyayah Weda Smrti (Manawa Dharmasastra). Corah or Asteya is part of Hindu legal norms in the field of Criminal Law or Kantaka Sodhana. The problems studied in the writing are, Are Hindu law norms in the field of Criminal Law included in the national legal system in the Unitary State of the Republic of Indonesia? What are the factors causing the rampant theft of pratima in Bali Province ?. Using the normative legal research method, the conclusion obtained is that the legal norms of Pratima Theft are regulated in the legal system of the Unitary State of the Republic of Indonesia. support each other in the administration of the State. The Pratima Theft legal norms are part of the Criminal Law Norms including one of the Areas of Hindu Law which is one of the recognized religious laws in Indonesia, therefore the Pratima Theft legal norms as one of the religious laws (Hinduism) are automatically included as part of and regulated in the legal system in the Republic of Indonesia. Factors causing pratima theft include human factors, environmental factors, educational factors, social interaction factors and opportunity factors.Keywords: Crime, Theft, Pratima, Hindu Law, Criminal Law.

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Chatterjee, Moyukh. "Against the Witness: Hindu Nationalism and the Law in India." Law, Culture and the Humanities 15, no. 1 (April 8, 2016): 172–89. http://dx.doi.org/10.1177/1743872116643693.

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In the aftermath of anti-Muslim violence in Gujarat, India, in 2002, NGOs and activists encouraged survivors to testify against Hindu perpetrators in court. Through an ethnographic analysis of a criminal trial in the lower courts of Ahmedabad, I show how state officials and perpetrators used legal procedures to transform Muslim survivors into unreliable witnesses in the courtroom. These formal and informal techniques to destabilize Muslim witnesses are best understood not as byproducts of the law’s failure to address mass violence, but as a legal performance of Hindu supremacy. Procedural and positivistic approaches to the rule of law failed to address the law as a performance embedded in the context of Hindu nationalism in Gujarat. Not only do such trials discredit witnesses of mass violence, but they also give a legal form to the subordinate status of religious minorities within a majoritarian political regime.

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Singh, Anantdeep. "Women, Wealth and Law: Anglo-Hindu and Anglo-Islamic Inheritance Law in British India." South Asia: Journal of South Asian Studies 40, no. 1 (January 2, 2017): 40–53. http://dx.doi.org/10.1080/00856401.2017.1258612.

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Davis, Donald. "Intermediate Realms of Law: Corporate Groups and Rulers in Medieval India." Journal of the Economic and Social History of the Orient 48, no. 1 (2005): 92–117. http://dx.doi.org/10.1163/1568520053450709.

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AbstractThe laws of corporate groups such as merchants, traders, religious specialists, soldiers, etc. are examined on the basis of both the normative Hindu legal texts and epigraphical sources from various parts of India. Other recent studies arguing that medieval India experienced an increasing integration of polity and society over larger core areas are corroborated from the perspective of law and legal institutions. Methodological and theoretical propositions are also raised to argue that Hindu legal texts, known as Dharmaśastra, are essential to any history of law and society in medieval India, but only when their nature and purpose are properly understood. Les lois des corps sociaux, comme les marchands, les négociants, les experts religieux, ou les soldats, sont examinées d'après les textes normatifs du droit hindou ancien, et aussi selon des sources épigraphiques venant des diverses régions de l'Inde. D'autres études récentes qui affirment que l'Inde médiévale a connu une intégration croissante entre régime et société dans des domaines centralisés plus étendus sont ici con firmées par le biais du droit et des institutions légales. Des arguments méthodologiques et théoriques sont aussi soulevés pour soutenir que les textes légals hindous, connus sous le nom de Dharmaśastra, sont fondamentals à toute histoire du droit et de la société dans l'Inde médiévale, mais seulement quand leur nature et leur objet sont bien compris.

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Sarkar, Dr Badal. "The First Law Minister’s Hindu Code Bill and Empowerment of Indian Women." Global Journal For Research Analysis 3, no. 2 (June 15, 2012): 1–2. http://dx.doi.org/10.15373/22778160/february2014/72.

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Ulya, Zakiyatul. "Analisis Kedudukan Adat dalam Hukum Waris Islam dan Hindu Beserta Implikasinya." AL-HUKAMA' 9, no. 1 (June 3, 2019): 1–23. http://dx.doi.org/10.15642/alhukama.2019.9.1.1-23.

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Tradition/’urf is recognized by Islamic law as a legal basis with several conditions. While the use of tradition in the distribution of inheritance is not justified because it is contrary to the provisions of Islamic inheritance which are qat‘iyah al-dilalah and qat‘iyah al-wurud. The distribution based on tradition that can be done with the agreement of the heirs, after knowing their respective parts and no one is harmed, as in article 183 of KHI. Tradition in Hindu is recognized as a source of law, which becomes law and also applies as a law with conditions that are appropriate with atmavan. The position of tradition in inheritance law has been recognized and legalized its enforcement in an area, varna, company or village based on Sloka 40 parts 60 chapter 7, Artas#astra book. Both Islamic and Hindu laws create tradition as the basis for law enforcement. The use of tradition in the distribution of inheritance is not justified by Islam because of it contradicts with Syara’ argument. However, the distribution based on tradition can be done with the agreement of the heirs, according to article 183 of KHI. In contrast, Hindu law legalizes customary enforcement in an area, varna, company or village as inheritance law based on Sloka 40 parts 60 chapter 7, Artas#astra book.

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Mishra, Dr Aman, and Kamlesh Singh. "The Role of Sanatan Dharma in Indian Jurisprudence." International Journal for Research in Applied Science and Engineering Technology 11, no. 10 (October 31, 2023): 1238–43. http://dx.doi.org/10.22214/ijraset.2023.56187.

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Abstract: The article to aims to be written in the introductory approach and it intends the end of brief surveys of the Indian Jurisprudential theory. It seeks an oriental call form the development of the Hindu legal institution an examine the school of Natural Jurisprudence in comparison to the natural law. The article specifically focuses on the analysis of ancient Hindu thought to the common school of Jurisprudential issue the once which deal with the administration of the state ; the law and the rule of law and the Punishment and the Procedure

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Budiawan, Ketut. "Analisis Penyelesaian Perkara Perkawinan Umat Hindu Berdasarkan Norma Agama dan Hukum (Studi Kasus di Pengadilan Negeri Denpasar)." Belom Bahadat 14, no. 1 (June 8, 2024): 1–24. http://dx.doi.org/10.33363/bb.v14i1.1148.

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This study describes how the settlement of Hindu marriage cases through the court because until now the Hindu community in the Implementation of the Legal System does not yet have a Hindu Law Compilation as a Legal Substance in the process of marital settlement. The approach used is a qualitative approach with a case study research design in the Denpasar District Court. Legally substance, the source of applicable law is the source of civil procedural law as well as the principles and provisions that apply in general justice, Customary Law, Jurisprudence, expert opinion. Legal sources related to the teachings of Hinduism based on the results of interviews with judges, the judge said that had never been in the interpretation of the case decided sourced from Hindu Law Sources because the legal sumer in question does not yet exist. Furthermore, the results of the study indicate that the tendency of civil sub-classification divorce case data within a period of 2 months and 27 days has increased in the jurisdiction of the Denpasar District Court of the City of Denpasar and Badung Regency consisting of 10 Districts and 105 villages / sub-districts having divorce cases with the number of cases as many as 201 cases, which already have permanent legal decisions as many as 74 cases and those that are still in a trial are 127 cases. Legal culture as the attitude or appreciation of the community towards the law and the legal system is very high, proven based on case data that is resolved through the courts, meaning that trust in the law, values, ideas or hopes, and expectations become an important part of the community Hinduism in Denpasar City and Badung Regency which are the jurisdiction of the Denpasar District Court to obtain the values of justice. The forms of settlement of marital cases in court and the implications for the position of Hindu women in the legal system through mediation are regulated in the Supreme Court Regulation of the Republic of Indonesia Number 1 of 2016 and the trial process until the final legal verdict. Keywords: Marriage Matters, Religious Norms, Legal Norms, Legal System, Hindu Women.

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Subrahmaniam Saitya, Ida Bagus, I. Made Pasek Subawa, and I. Komang Suastika Arimbawa. "Tindak Pidana Kekerasan Seksual Terhadap Anak Menurut Hukum Hindu." Kamaya: Jurnal Ilmu Agama 3, no. 2 (May 4, 2020): 135–43. http://dx.doi.org/10.37329/kamaya.v3i2.436.

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Laws are basically made with the aim of creating security and order in people's lives. Although the law was made to bring order to life, but in reality there are still many people who break them. One of the acts that often happens in society today is the exploitation of children. One of the cases of child exploitation that occurred as a case of child sexual abuse. The contributing factors are internal factors (such as the proximity of the perpetrator to the victim) and external factors (such as being away from the crowd). Because of that, efforts to protect children really need to be done. According to Law Number 23 of 2002, a child is given protection from the womb until he is 18 (eighteen) years old. In this regard, in Hinduism we can also find a legal term known as dharma. Hindu law is divided into two, namely public law (Kantaka Sodhana or Hindu criminal law) and private law (Dharmasthiya or Hindu civil law). The Kantaka Sodhāna can be seen in a subjective sense (ius puniedi) and in an objective sense (ius poenale). Then, regarding the crime of sexual violence against children is not specifically regulated in Hindu law, but the relationship made between men and women who do not have legitimate ties of marriage (marriage), then this act is a crime called Lokika Sanggraha. Therefore, acts of sexual violence against children can be likened to the act of Lokika Sanggraha. In this regard, in Article 171 Ekadaso'dhyayah Mānava Dharmaśāstra, the deed can be blamed and threatened with imprisonment for 12 (twelve) years. The term tapa must be interpreted as imprisonment because in a state a person is imprisoned as suffering as a hermit.

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Hazarika, Rupa. "Right To Property and Maintenance of Illegitimate Child Under Hindu Law." International Journal of Membrane Science and Technology 10, no. 5 (January 26, 2024): 684–89. http://dx.doi.org/10.15379/ijmst.v10i5.3439.

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The concept of property is evolving from the days of adopting the law relating to property of Hindu people. The laws relating to property undergoes many changes from time to time as to accommodate the changing need of the society. The major changes in the law of property held after the adoption of our Constitution. The Article 14 of the Constitution of India guarantees equality among men and women as a fundamental right. Following by Article 15 which allows special provisions can be made for women and child. Article 19 1(f) which said that right to property was a fundamental right, which later on amended and now property is a legal right under article 300A of the Constitution of India. Article 39(f) which is directive principle also concern about the safeguard of the child. The court observed that right to property is not only a constitutional right but also a human right1, and no person can be deprived of his property save and except by and in accordance with law. Due to Constitutional guarantees the legislature has brought Hindu Succession Act in 19562 and Hindu Marriage Act in 19553 along with three other Acts. Hindu Succession Act has amended and codified the law relating to intestate succession4. This Act has laid down a uniform and comprehensive system of inheritance of property. Moreover this Act gave rights to women to property which were unknown till then. The provision of this Act in relation to property is clear for legitimate child, but is silent for illegitimate child. The paper will focus on the right of illegitimate progeny to maintenance from their parents as well as right of inheritance to their parents self acquired as well as ancestral property in a Hindu family.

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Bonnan, Jean-Claude. "W. F. Menski. Hindu Law. Beyond Tradition and Modernity." Droit et Cultures, no. 53 (June 1, 2007): 149. http://dx.doi.org/10.4000/droitcultures.592.

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Brinkhaus, Horst, and Ludo Rocher. "Jimutavahana's Dayabhaga: The Hindu Law of Inheritance in Bengal." Journal of the American Oriental Society 123, no. 4 (October 2003): 907. http://dx.doi.org/10.2307/3589999.

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Pace, Enzo. "Donald R. Davis, Jr., The Spirit of Hindu Law." Archives de sciences sociales des religions, no. 152 (December 31, 2010): 9–242. http://dx.doi.org/10.4000/assr.22687.

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Balzani, Marzia. "Hindu women and marriage law: from sacrament to contract." Women's Studies International Forum 26, no. 3 (May 2003): 280–81. http://dx.doi.org/10.1016/s0277-5395(03)00057-8.

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Saxena, Saumya. "‘Court’ing Hindu nationalism: law and the rise of modernHindutva." Contemporary South Asia 26, no. 4 (October 2, 2018): 378–99. http://dx.doi.org/10.1080/09584935.2018.1546672.

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Michaels, Axel. "Davis, Donald R., Jr., The Spirit of Hindu Law." Indo-Iranian Journal 55, no. 4 (2012): 379–82. http://dx.doi.org/10.1163/001972412x620321.

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Al Masud, Abdullah, and Md Faruk Abdullah. "ABU RAYHAN AL-BIRUNI’S STUDY OF OTHER RELIGIONS: A CASE ON HINDUISM." Journal of Nusantara Studies (JONUS) 6, no. 2 (June 30, 2021): 116–32. http://dx.doi.org/10.24200/jonus.vol6iss2pp116-132.

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Studying other religions is a legacy left by medieval Muslim scholars. As a Muslim scholar, al-Biruni’s Kitab al-Hind was a unique contribution to the study of Hinduism. This study explores al-Biruni’s approaches to studying Hinduism, culture, and civilisation by reviewing related manuscripts and literature. Al-Biruni studied the Hindu scripture in its original language. He investigated Hindu theology and philosophy, their caste system in the society, law and ethics, rituals, and festivals. In Kitab al-Hind, an entire chapter was dedicated to Hindu scriptures which included Veda and Puranas. Concerning religious beliefs and divinity, there were various perceptions between the educated and uneducated people. Murti puja was a form of worship to express love and devotion towards God. However, the educated classes considered that idols were no more than intermediaries, and the idol-worshippers were being deluded from the actual worship of God. The Hindu caste system was established upon religious foundations where every caste used to have their mode of living and daily routine. Furthermore, Hindu rules, guidelines, and religious laws were developed by divine sages called Rishis, who provided laws of murder and theft, punishment of adultery, treatment for prisoners, and inheritance law. Al-Biruni took an objective, in-depth, scientific and authentic approach in presenting Hinduism, which made his work accepted by both Muslim and nonMuslim religious scholars. It is hoped that this paper would offer new perspectives to Muslim scholars on studying other religions, which may consequently enhance religious harmony in a multireligious society. Keywords: Al-Biruni, Hinduism, religion, comparative religion, Muslim scholar. Cite as: Al Masud, A., & Abdullah, M. F. (2021). Abu Rayhan Al-Biruni’s study of other religions: A case on Hinduism. Journal of Nusantara Studies, 6(2), 116-132. http://dx.doi.org/10.24200/jonus.vol6iss2pp116-132

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Suka Asih K. Tus, Desyanti. "HAK PEREMPUAN HINDU BALI ATAS HARTA WARISAN SUAMI." VYAVAHARA DUTA 16, no. 1 (March 31, 2021): 68. http://dx.doi.org/10.25078/vd.v16i1.2199.

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Indonesia does not have a unified regulation regarding inheritance law. This legal pluralism occurs with the application of three different regulations related to inheritance law namely is Western Civil Law, Compilation of Islamic Laws and Customary laws which is applicable based on the region such as Bali Customary Laws. The customary law sourced from the norms, religion, principle that develop within the society. Customary inheritance law is strongly influenced by the family system that applies in every region in Indonesia. Customary inheritance law in Bali is influenced by the patrilineal system adopted in Bali. The patrilineal system adheres to the male line. The patrilineal system places men as the successors of the family including those who are obliged and entitled to family inheritance. This situation makes the position of women as subordinate parties in the family, especially in terms of inheritance. The rights of Hindu women in Bali to her husband's inheritance are often disregarded, forgotten, and abolished. Based on national law, a wife who is left dead by her husband will automatically become an heir. This situation does not necessarily apply to Balinese customary law with the patrilineal system. Social change and demands of the feminist theory have not brought a change to the application of Balinese customary inheritance laws in the community. The presence of provisions in the form of the MUDP (an Indonesia Governmental Body for Balinese) decision and the Supreme Court's decision have not been able to bring a change to the position of women (widows because of death) as husband's heir. The lack of knowledge and legal awareness of Hindu women in Bali over their position as heirs is one of the causes of the weak position of Hindu women in Bali as heirs. This paper will discuss the rights of Hindu women in Bali for husband's inheritance. This paper uses a normative juridical research method.Keywords: Rights of Hindu Women in Bali, Husband's Inheritance

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Kapur, Ratna. "GENDER AND THE “FAITH” IN LAW: EQUALITY, SECULARISM, AND THE RISE OF THE HINDU NATION." Journal of Law and Religion 35, no. 3 (December 2020): 407–31. http://dx.doi.org/10.1017/jlr.2020.42.

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AbstractThis article analyzes how concepts of gender, gender equality, and secularism have been addressed by the higher judiciary in India in cases dealing with matters of religion. The discussion focuses on three landmark decisions of the Indian Supreme Court on gender equality. The cases involve challenges to discriminatory religious practices that target women in the Muslim-minority and Hindu-majority communities. In each case, gender equality is taken up in relation to religion in ways that produce several outcomes for women that are problematic rather than ones that are unequivocally progressive or transformative. The judicial reasoning in each case resonates with the Hindu Right's approach to gender, gender equality, and secularism. Each concept is used to advance the Hindu Right's majoritarian and ideological agenda, which seeks to establish India as a virile “Hindu” nation. Ironically, interventions by progressive groups, including feminist and human rights advocates opposed to the Hindu Right's makeover of the Indian nation, have not proved to be disruptive of gender norms; nor have they pushed back the tides of Hindu (male) majoritarianism that are increasingly determining the terms of engagement on issues of gender and faith in law.

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Ulya, Zakiyatul. "KEDUDUKAN ANAK ANGKAT DALAM HUKUM WARIS ISLAM DAN HINDU." AL-HUKAMA' 7, no. 2 (March 21, 2018): 280–304. http://dx.doi.org/10.15642/alhukama.2017.7.2.280-304.

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Both of Islam and Hindu have regulated in detail the issues of inheritance. If the two are compared, it can be seen that there is a difference in positioning adopted child, where in Hindu law is used as the cause of inheritance whereas in Islamic law it is not. Thus, it can be seen that the adopted child does not belong to the heirs in Islamic law, so the inheritance rights remain to his biological family, not his adopted family. However, they can get a share of the property of their adopted parents by the way of a testament not more than 1/3 of a part, even in this case, article 209 paragraph 2 of KHI states that against a adopted child who does not receive a will is given a maximum of 1/3 of the inheritance of his adopted parents. Unlike the Islamic law, Hindu law classifies adopted sons including in heirs whose inheritance rights are transferred to their adopted families and are equal to those of legitimated children who inherit in the first place with the possibility to obtain all parts if no children are equal.

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Varun, Prashant. "History of Female Coparcener and her rights to Coparcenary property towards Gender Justice: A Legal Study under Hindu Law." ANVESHA-A Multidisciplinary E-Journal for all Researches 3, no. 1 (2022): 36–40. http://dx.doi.org/10.55183/amjr.2022.vo3.lsi.01.007.

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In a country where parochial mind sets are deeply rotted, it is evident to find laws structured specially to cater to the benefits of men, who occupy a dominant pole in every spare. A relatable Instance was the devolution of property among the coparceners, where the only male coparcener of the Hindu joint family reckoned to be natural heirs to the ancestral property. It was the ipso facto gender-biased and unjust. The devolution of property under Hindus is governed by the Hindu Succession Act, 1956, which is with the due course of time change the status of a female coparcener and their right to coparcenary property. This is a journey where a female from nothing to getting equal status as to the male coparcener by reforming the patriarchal laws which were prevailing before the modern Hindu law. The Indian Constitution also enshrined the concept of equality and gender justice. By the virtue of Constitutional morality, the Indian judiciary preserved the right to equality and justice for all without any discrimination. The discriminatory practice of the female right to property is now changed and she also has the right to property absolutely like a son.

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HARMAN, WILLIAM. "KINSHIP METAPHORS IN THE HINDU PANTHEON: ŚIVA AS BROTHER-IN-LAW AND SON-IN-LAW." Journal of the American Academy of Religion LIII, no. 3 (1985): 411–30. http://dx.doi.org/10.1093/jaarel/liii.3.411.

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Nusantara, Ni Putu Theresa Putri, I. Made Suwitra, and I. Nyoman Sujana. "LEGAL FORCE OF INHERITANCE CERTIFICATES ISSUED BY THE VILLAGE HEAD AS THE BASIS FOR OBTAINING THE OWNERSHIP RIGHT TO LAND (IN BLIMBINGSARI VILLAGE, JEMBRANA REGENCY, BALI PROVINCE)." NOTARIIL Jurnal Kenotariatan 6, no. 1 (June 15, 2021): 9–15. http://dx.doi.org/10.22225/jn.6.1.3610.9-15.

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This study examines the existence of the Bali customary law for the transfer of land rights in Blimbingsari Village, and examines function of the Inheritance Certificate for the transfer of rights to land through inheritance. The research method used in this study is an empirical law research. In this case the research uses empirical legal research conducted in Blimbingsari Village, Jembrana Regency. The results showed that the inheritance law that applies to Christian Balinese tribes in Blimbingsari Village, Jembrana, Bali is receptive to Balinese customary inheritance laws which should only be used for Hindus. In its implementation, it is not the Hindu religious law that was received by the Blimbingsari Village community but the Balinese customary inheritance law that was received. Moreover, legal force of a Certificate of Inheritance issued by the village head for the Christian Balinese community in Blimbingsari Village, Jembrana, Bali can be used as a basis in the transfer of ownership rights to the land for the heirs.

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Journal articles on the topic 'Law (Hindu law)'

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