Relevant bibliographies by topics / Marriage (Hindu law)

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Academic literature on the topic 'Marriage (Hindu law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 31 July 2024

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Journal articles on the topic "Marriage (Hindu law)"

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Mandara, I. Wayan Kantun, I. Putu Gelgel, and Ida Bagus Dharmika. "Hindu identity maintenance of mixture marriage in DKI Jakarta." International journal of social sciences 5, no. 3 (August 23, 2022): 222–29. http://dx.doi.org/10.21744/ijss.v5n3.1943.

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In a pluralistic society like Jakarta, it is very possible for marriages with religious backgrounds to occur. Marriage with two different religions is very unlikely because the law requires that the marriage be carried out in one religion. Hindus generally adhere to the patrilineal principle in the sense that the man is the head of the family. If there is an interfaith marriage, the wife must follow the husband's Hindu religion. However, it often happens that if there are marriages with different religious backgrounds, many Hindu men in DKI follow the religion of their wives. This causes the number of Hindu families to decrease. The results of the study show that a postmodern society like Jakarta often does not follow their religious norms, religion is seen as an obstacle to their freedom. Another factor of the weak maintenance of Hindu identity in husbands who engage in mixed marriages is the weak understanding of religion so that they easily convert to the religion of their wives.
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Sadnyini, Ida Ayu, and A. A. A. Ngurah Tini Rusmini Gorda. "Social Changes of Traditional Rules in Facing Contemporary Developments: A Sociological Study of Intercaste Marriagein Balinese Society." International Journal of Criminology and Sociology 10 (December 31, 2020): 79–83. http://dx.doi.org/10.6000/1929-4409.2021.10.11.

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Nowadays, it is important to examine the impetus for changes of traditional rules in facing contemporary developments and in this regard, this study took a private subject of rules on inter-caste marriage in the Balinese Hindu community. In this context, this study aims to investigate how the inter-caste marriage system is run as an effort to bridge traditional values and modern values based on legal equality and citizenship by taking Balinese society. This research is empirical research with a historical approach with the object of the research is inter-caste marriages. The results showed that the development of inter-caste marriage rules in the monarchy period was derived from Hindu law. The rules on inter-caste marriage during the colonial period can be found in the Peswara and after the independence, the inter-caste marriage is regulated in the Decree of House of Representative of Bali Province, Bhisama Sabha Pandita, and the Decree of MDP Bali. The Hindu community still maintains the sanctions against inter-caste marriage because of their adherence to the customary law of the traditional village.
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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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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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Amien, Waheeda. "Race-Religious Discrimination in South Africa's Hindu Marriages." AJIL Unbound 118 (2024): 129–33. http://dx.doi.org/10.1017/aju.2024.19.

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South Africa is known historically for racial apartheid when people were classified as white, Indian, Colored, or Black/Native.1 Indians, Coloreds, and Blacks were discriminated against and denied rights afforded to whites. One example was the right to vote, which was withheld from anyone not classified as white.2 What is less well known is that other forms of discrimination also existed, including religion, culture, gender, and sexual orientation. These discriminations manifested in religious marriage laws. They also intersected in the domain of marriage through race and religion, resulting in what Rabiat Akande describes as “mutually imbricated religious and racial othering.”3 Akande's observation that “Euro-Christian foundations of the legal regime of religious liberty” excluded minority religions from legal protections in colonial settler situations resonates in South Africa.4 Apartheid South Africa adopted a colonial European Christianized approach to marriage, namely, the voluntary union of one man to one woman for the duration of the marriage.5 This definition of marriage was embedded within South Africa's common law and entrenched values of heteronormativity and monogamy, both of which are inherent in a Christian understanding of marriage. Consequently, same-sex marriages were excluded from legal protection.6 Similarly, customary marriages and Muslim, Hindu, and Jewish marriages were not legally recognized because they were potentially polygynous, which in South Africa was deemed immoral and contrary to the colonial and apartheid era notions of public policy.7 This essay focuses on the legal implications of Hindu marriages not being legally recognized in South Africa, and especially the disparate effect that this has on women. The essay thus adds a gendered dimension to Akande's arguments about religious discrimination.
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Chowdhry, Prem. "Private Lives, State Intervention: Cases of Runaway Marriage in Rural North India." Modern Asian Studies 38, no. 1 (February 2004): 55–84. http://dx.doi.org/10.1017/s0026749x04001027.

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The introduction of modern concepts like adulthood and sanctity given to individual rights has legally turned the individual settlement of marriage between two consenting adults to be legitimate. Under the Hindu Marriage Act 1955, except for certain incest taboos, the legal restrictions on marriage of two adult Hindus are almost non-existent. Briefly speaking, this means that under the law both sagotra (same gotra) and inter-caste marriages are permitted. Yet, the customary rules regulating marriages in most parts of north India are based upon caste endogamy, village and clan exogamy. While keeping within caste, they adopt the gotra or got, as is known in rural north India, rule of exogamy (gotra are an exogamous patrilineal clan whose members are thought to share patrilineal descent from a common ancestor). For marriage certain prohibited degrees of kinship have to be avoided. As a rule three or four got exogamy is followed by most caste groups upper or lower. Any break in this, though legally allowed, is not acceptable.
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Wibawa, I. Putu Sastra, I. Putu Gelgel, and I. Putu Sarjana. "Pada Gelahang Marriage: A Legal Pluralism Perspective." International Journal of Interreligious and Intercultural Studies 2, no. 1 (May 4, 2019): 47–58. http://dx.doi.org/10.32795/ijiis.vol2.iss1.2019.312.

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Presently, pada gelahang marriages are still controversial within Balinese society in terms of their implementation and the implications. A certain percentage of Balinese approve of pada gelahang marriages, while a certain percentage of people disagree for various reasons. These pros and cons are not tolerated. In fact, the phenomenon of pada gelahang marriages is often confounding to the Hindu community in Bali. Hence, solutions are required. While pada gelahang marriages can be found in many districts and regions in Bali, however, many doubts and problems still arise in their philosophical and juridical foundations. Therefore, research on pada gelahang marriages from the perspective of legal pluralism needs to be done. This research is a qualitative research with a legal sociology approach. Primary data is derived from field data from observations and from the results of interviews of related parties, while secondary data is obtained from literature books using the theory of legal pluralism as a guiding theory in the discussion of research. The results of the study indicate that the pada gelahang marriage has a philosophical foundation, juridical foundation and sociological basis for the creation of values of justice, legal certainty and the benefit of law in the framework of legal pluralism that provides a way to meet Hindu religious law, traditional village customary law and state law to set pada gelahang marriages
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Pande Putu Gita Yani, I Ketut Sukadana, and Luh Putu Suryani. "Perkawinan yang Tidak Dicatatkan dalam Masyarakat Hindu di Bali." Jurnal Preferensi Hukum 2, no. 1 (March 19, 2021): 150–55. http://dx.doi.org/10.22225/jph.2.1.3061.150-155.

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According to Article 2 of Law Number 1 of 1974 concerning Marriage, that marriage is considered valid if carried out according to religion and belief, and registered with civil registration. The divorce process is not stated in the Hindu community in Bali and due to marriage which is not recorded in the Hindu community in Bali. The research method uses a type of normative research, legal research that examines written law and divided aspects. Over time, problems often arise as a result of disharmony in domestic life. As a divorce arises, divorce is the end of a marriage. In Law No. 1 of 1974 the termination of marital ties can be caused by death, divorce, and court decisions. In the trial the divorce case does not have a marriage certificate so it can be replaced with a statement from the village.
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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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10

Sadnyini, Ida Ayu. "PUNISHMENTS OF BRAHMIN WOMEN MARRIAGE TO MEN OF DIFFERENT CASTES IN BALI (IN THE PERSPECTIVE OF HINDU VALUES)." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 28, no. 3 (October 15, 2016): 544. http://dx.doi.org/10.22146/jmh.16693.

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ABSTRACT Brahmin women marriage to men of different castes in Bali is called intermarriage in terms of customary law, commonly is called asupundung. Punishments for such marriages still exist among people, especially patiwangi ceremonies and other social punishments. This study is conducted based on that issue. The research problems are how do punishmentsof Brahmin women marriage to men of different castes apply? How are marriage punishments in the perspective of Hindu values? The method used is empirical legal research using primary and secondary data which then are analyzed using legal theory, principles and teachings of Hinduism in qualitative descriptive and finally arguments are provided. Punishments for this marriage include: killed by jumping into the fire, drowned in a sea with a stone tied around legs, isolated, downgrading, not allowed to go home, refined language. These punishments in Hindu perspective are contrary to the teachings of Tri Hita Karana, Tri Kaya Parisudha, Vasudaiva, Kutumbakam, Tat WamAsi, Manusapada, Ardhanareswari, Akhroda, Ahimsa.
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Dissertations / Theses on the topic "Marriage (Hindu law)"

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Majumdar, Rochona. "Marriage, modernity, and sources of the self : Bengali women c. 1870-1956 /." 2003. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:3097134.

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Books on the topic "Marriage (Hindu law)"

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Bidyāsāgara, Īśvaracandra. Hindu widow marriage. New York: Columbia University Press, 2011.

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2

Nandan, Deoki. Hindu law: Marriage and divorce. Allahabad: University Book Agency, 1989.

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Nijjar, Manjit Singh. Nullity of marriage under Hindu law. New Delhi: Deep & Deep Publications, 1994.

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1941-, Mahmood Tahir, ed. The Hindu Marriage Act, 1955. 2nd ed. Allahabad: Law Book Co., 1986.

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Mishra, Srikanta. Ancient Hindu marriage law and practice. New Delhi: Deep & Deep Publications, 1994.

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6

Row, R. Ragoonath. Hindu law on marriage =: Vivāhasaṃvidhāne Hindudharmaśāstrābhiprāyaḥ. 3rd ed. Varanasi: Krishnadas Academy, 1986.

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Row, R. Ragoonath. Hindu law on marriage =: Vivāhasaṃvidhāne Hindudharmaśāstrābhiprāyaḥ. 3rd ed. Varanasi: Krishnadas Academy, 1986.

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8

Diwan, Paras. Law of marriage and divorce. 3rd ed. Delhi: Universal Law Pub. Co., 1997.

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Diwan, Paras. Law of marriage and divorce. 2nd ed. Allahabad: Wadhwa & Co., 1991.

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10

Srinivasan, M. N. M.N. Srinivasan's commentary on the Hindu Marriage Act, 1955 (Act No. 25 of 1955): Alongwith marriage rules and marriage registration rules under Hindu Marriage Act, 1955. 2nd ed. Delhi: Delhi Law House, 2010.

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Book chapters on the topic "Marriage (Hindu law)"

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Werner, Menski. "Child Marriage." In Hindu Law, 322–73. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195699210.003.0009.

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Werner, Menski. "Hindu Marriage Law." In Hindu Law, 273–321. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195699210.003.0008.

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Mathur, Ashutosh Dayal. "Marriage and Family." In Medieval Hindu Law, 42–55. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780195685589.003.0002.

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Govindaraj, V. C. "Law of Persons." In The Conflict of Laws in India, 73–127. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199495603.003.0007.

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This chapter deals with the law relating to marriage and divorce, as interpreted and applied by courts in India. Marriage involves many topics/processes such as celebration, divorce, nullity, etc., and each one is accorded a different treatment by the concerned law. The following topics/processes under each matrimonial law are discussed: pre-solemnization requisites; solemnization; divorce; marriages solemnized under the Foreign Marriages Act, 1969; the conversion of spouses of the Hindu, Christian, and Parsi marriages to Islam, and right to polygamy after such conversion; conversion of Muslim women from Islam after dissolution of marriage under Muslim Law; and rights of a Muslim woman to seek divorce and maintenance.
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Govindaraj, V. C. "Law of Persons." In Private International Law, 28–93. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199489282.003.0004.

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The Indian subcontinent is inhabited by three principal communities, namely the Hindus who are in the majority, followed by Muslims and Christians. The Christians, though numerically in the minority, enjoyed the support of the British rulers for them to claim a separate legal status. Hindu law did not permit divorce, whereas Muslim law allowed divorce only the male spouse and Christian law allowed divorce to both the male and the female spouses. Conversion to Islam by the Hindus and the Christians brought about inter-personal law conflicts. The Regulating Act, 1781, enacted by the British rulers, introduced the rule that in a court action, where the parties professed different religions, the applicable law was the law of the defendant. As this rule failed to produce a satisfactory result where a Hindu wife, who got converted to Islam, could not get divorce that she sought because Hindu law did not permit divorce, Ormond, J. introduced the norm of justice, equity, and good conscience. Recent reforms in the Hindu law, coupled with enactment of the Muslim Marriage Act, 1939, brought about relief to wives who embraced Islam and sought relief. Courts played a significant role by giving a divorced Muslim wife maintenance right for life.
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Gupta, Dr Shilpi, and Dr Upendra Grewal. "Grounds of Divorce and Judicial Approach under Hindu Law and Muslim Law." In Marriages and Divorces in Indian Society, 29–41. The Law Brigade Publishers, 2023. http://dx.doi.org/10.55662/book.2023mdis.003.

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Divorce is a word in India which directly strike upon the soul of any person. In the era which is very fast paced divorce is still a taboo. We can often listen these words on the departure of the bride from her parental home to marital home that Doli Mein ja rahi ho Arthi per Aana. These words say a lot and put psychological, social and emotional pressure upon the brides. Annual divorce rate in India is 1.1 per 1000 persons. 13 out of 1000 marriages are resulted in divorce, which is lowest in the world. Male are the main initiator of divorce. Literal meaning of world divorce is to release or setting free where as the legal meaning is repudiate the marriage contract. In Hindu and Muslim law there are many ways and theories by which marriages can be dissolved. Irrespective of ancient time today women and men have equal rights of divorce. But divorce proceedings are very time taking in India. There are many guidelines which have to be followed by the couple before getting divorce. Here we see that role of Judiciary become more important. From banning of triple Talaq to recent judgement of Shilpa Shailesh vs. Varun Sreenivas where the court observed that mandatory 6 month waiting period under Hindu Marriage Act 1955 can we waived if the marriage is irretrievably broken down even if one of the parties is not willing, the court is playing crucial role. This chapter focuses upon Divorce under Hindu & Muslim law and recent views of Judiciary.
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Joshi, Mary Sissons, and Meena Krishna. "English and North American Daughters-in-Law in the Hindu Joint Family." In Cross-Cultural Marriage, 171–91. Routledge, 2021. http://dx.doi.org/10.4324/9781003136101-10.

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Halpérin, Jean-Louis. "Recent Changes in Case Law Concerning Hindu Marriage." In Filing Religion, 285–300. Oxford University Press, 2016. http://dx.doi.org/10.1093/acprof:oso/9780199463794.003.0010.

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Doniger, Wendy. "Begetting on Margin: Adultery and Surrogate Pseudomarriage in Hinduism." In From the Margins of Hindu Marriage, 160–83. Oxford University PressNew York, NY, 1995. http://dx.doi.org/10.1093/oso/9780195081176.003.0007.

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Abstract The bottom line on sex and marriage in the dharmasiistras(the Hindu texts of religious law) is that neither the husband nor the wife should ever have sex with anyone else. But this rule was, in some cases, more honored in the breach than in the observance. The husband was tacitly allowed to have sex with other women in various circumstances, and the wife was allowed to have sex with another man in one particular circumstance: the levirate or niyoga(literally the “appointment” of the woman to be impregnated by a man who is not her legal husband). Each of these forms of non marriage serves to define, as well as to challenge, the boundaries of “normal” marriage. Let me begin with adultery. In India it is always assumed that the eternal adulterous triangle consists of the woman, her husband, and her lover-not the woman, her husband, and his mistress (the basic configuration of French comedies).
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Raheja, Gloria Goodwin. "“crying When She’s Born, and Crying When She Goes Away”: Marriage and the Idiom of the Gift in Pahansu Song Performance." In From the Margins of Hindu Marriage, 19–59. Oxford University PressNew York, NY, 1995. http://dx.doi.org/10.1093/oso/9780195081176.003.0002.

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Abstract Authoritative South Asian textual traditions, composed or performed by males, have many things to say about the transformation women undergo as they are married, as their identity as daughter and sister is eclipsed by their identity as wife and daughter-in-law, and as they move from piharto sasuriil,from natal home to conjugal place. These textual discourses, and a good deal of everyday talk as well, tend to stress ideas concerning the ideal wife’s assimilation into her husband’s kin group and the attenuation of her ties to her own natal kin following her marriage so that the authority of her husband’s kin is not undermined by her reliance on her brothers. In such texts it is assumed that the virtuous wife, the pativratii,will show deference to her husband’s senior kin and honor her husband, while restraining her own desires for intimacy and rapport with him so as not to undermine the unity and solidarity of his family and kin group. These are very powerful and persuasive ideologies in South Asia, and they place women in disadvantaged situations in which they are distanced from their natal kin
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