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Anglo-Hindu law refers to the laws enacted during the British colonial era, which applied to the Hindus, Buddhists, Jains and Sikhs of British India.〔Ludo Rocher (1972), (Indian response to Anglo-Hindu law ), Journal of the American Oriental Society, 92(3), pages 419-424〕 The first phase of Anglo-Hindu law started in 1772,〔Rosane Rocher (2010), Hinduism and Law: An Introduction (Editors: Lubin and Davis), Cambridge University Press, ISBN 978-0521716260, page 78〕 and lasted till 1864, where translation of some ancient Indian texts along with textual intepretation provided by British court appointed Hindu Pandits were the basis of Anglo-Hindu law, mirroring Anglo-Muslim law extracted from Quran and interpreted by Muslim Qadis for Indian Muslims.〔〔 The second phase of Anglo-Hindu law started in 1864, and ended in 1947, during which a written legal code was adopted, and the Hindu Pandits along with Muslim Qadis were dismissed due to growing inconsistencies in interpretation of texts and suspicions of corruption.〔 Anglo-Hindu law was expanded with a series of British parliament Acts between 1828 and 1947, that was based on political consensus rather than religious texts.〔Bernard Cohn, ''Colonialism and its Forms of Knowledge''. Ch 3〕〔Rosane Rocher (2010), Hinduism and Law: An Introduction (Editors: Lubin and Davis), Cambridge University Press, ISBN 978-0521716260, pages 78-89〕 ==History== In 18th century, the earliest British of the East India Company acted as agents of the Mughal emperor. As the British colonial rule took over the political and administrative powers in India, it was faced with various state responsibilities such as legislative and judiciary functions.〔Tomothy Lubin et al (2010), Hinduism and Law: An Introduction (Editors: Lubin and Davis), Cambridge University Press, ISBN 978-0521716260, Chapter 1〕 The East India Company, and later the British Crown, sought profits for its British shareholders through trade as well as sought to maintain effective political control with minimal military engagement.〔 The administration pursued a path of least resistance, relying upon co-opted local intermediaries that were mostly Muslims and some Hindus in various princely states.〔 The British exercised power by avoiding interference and adapting to law practices as explained by the local intermediaries.〔Scott Kugle (2001), Framed, Blamed and Renamed: The Recasting of Islamic Jurisprudence in Colonial South Asia, Modern Asian Studies, 35(2), pages 257-313〕 The colonial state thus sustained what were essentially pre-colonial religious and political law and conflicts, well into the late nineteenth century.〔〔DA Washbrook (1981), Law, state and agrarian society in colonial India. Modern Asian Studies, 15(3), pages 649-721〕 For Muslims of India, the code of Muslim law was readily available in al-Hidaya and Fatawa-i Alamgiri written under sponsorship of Aurangzeb. For Hindus and other non-Muslims such as Buddhists, Sikhs, Jains, Parsis and Tribal people, this information was unavailable.〔 The British colonial officials, for practice, attempted to extract from the Dharmaśāstra, the English categories of law and religion for the purposes of colonial administration.〔Ludo Rocher, "Hindu Law and Religion: Where to draw the line?" in ''Malik Ram Felicitation Volume''. ed. S.A.J. Zaidi (New Delhi, 1972), 190–1.〕〔J.D.M. Derrett, ''Religion, Law, and the State in India'' (London: Faber, 1968), 96; For a related distinction between religious and secular law in Dharmaśāstra, see Timothy Lubin, ("Punishment and Expiation: Overlapping Domains in Brahmanical Law," ) ''Indologica Taurinensia'' 33 (2007): 93–122.〕 The early period of Anglo-Hindu Law (1772–1828) was structured along the lines of Muslim law practice. It included the extracted portions of law from one Dharmaśāstra by British colonial government appointed scholars (especially Jones, Henry Thomas Colebrooke, Sutherland, and Borrodaile) in a manner similar to Islamic al-Hidaya and Fatawa-i Alamgiri.〔Michael Anderson (1995), Institutions and Ideologies: A SOAS South Asia Reader (Studies in Asian Topics, Editors: David Arnold, Peter Robb), Routledge, ISBN 978-0700702848, Chapter 10〕〔K Ewing (1988), Sharia and ambiguity in South Asian Islam, University of California Press, ISBN 978-0520055759〕〔(A digest of Moohummudan law on the subjects to which it is usually applied by British courts of justice in India ) Neil Baillie, Smith, Elder & Co. London〕 It also included the use of court pandits in British courts to aid British judges in interpreting Shastras just like Qadis (Maulavis) for interpreting the Islamic law.〔 The arrival of William Bentinck as the Governor-General of British India in 1828, marked a shift towards universal civil code, whose administration emphasized same law for all human beings, individualism and equal treatment to help liberate, empower and end social practices among Hindus and Muslims of India that had received much public coverage in Britain through the publications of Christian missionaries and individuals such as Thomas Macaulay.〔Rudolph & Rudolph (2000), Living with difference in India, The Political Quarterly, 71(s1), pages 20-38〕 Governor-General Dalhousie, in 1848, extended this trend and stated his policy that the law must "treat all natives much the same manner". Over time, between 1828-1855, a series of British parliamentary acts were passed to revise the Anglo-Hindu and Anglo-Muslim laws, such as those relating to the right to religious conversion, widow re-marriage, and right to create wills for inheritance.〔 In 1832, the British colonial government abolished accepting religious fatwa as a source of law.〔 In 1835, the British began creating a criminal code that would replace the existing criminal code which was a complex conflicting mixture of laws derived from Muslim texts (Quran) and Hindu texts (Shastras), and this common criminal code was ready by 1855.〔 These changes were welcomed by Hindu law reform movement, but considered abrogating religion-defined rules within the Muslim law. The changes triggered discontent, call for jihad and religious war, and became partly responsible for the 1857 Indian revolt against the British rule.〔Rosie Llewellyn-Jones (2007), The Great Uprising in India: 1857-58, Boydell & Brewer, ISBN 978-1843833048, pages 111-112〕〔David Cook (2005), Understanding Jihad, University of California Press, ISBN , pages 80-83〕 In 1864, after the East India Company was dissolved and India became a formal part of the British Empire, Anglo-Hindu law entered into a second phase (1864–1947), one in which British colonial courts in India relied less on the Muslim Qadis and Hindu Pandits for determining the respective religious laws, and relied more on a written law.〔 A universal criminal code for India was adopted in 1864, the expanded to include procedural and commercial code by 1882, which overruled pre-existing Anglo-Hindu and Anglo-Muslim laws.〔AK Giri (Editors: Pietro Costa and Danilo Zolo, 2007), The Rule of Law History: Theory and Criticism, Springer, ISBN 978-1402057441, pages 596-597〕 However, the personal laws for Muslims remained sharia-based, while the Anglo-Hindu law was enacted independent of any text on matters such as marriage, divorce, inheritance and the Anglo-Hindu law covered all Hindus, Jains, Sikhs and Buddhists in India.〔Kunal Parker (Editor: Gerald James Larson, 2001), Religion and Personal Law in Secular India: A Call to Judgment, Indiana University Press, ISBN 0-253-33990-1, pages 184-199〕 In 1872, the British crown enacted the Indian Christian Marriage Act which covered marriage, divorce and alimony laws for Indian Christians of all denominations except the Roman Catholics.〔Chandra Mallampalli (2004), Christians and Public Life in Colonial South India: 1863-1937, Routledge, ISBN 0-415-32321-5, pages 59-64〕 The development of legal pluralism, that is separate law based on individual's religion was controversial in India, from the very start.〔Ludo Rocher (1972), "(Indian Response to Anglo-Hindu Law )", ''Journal of the American Oriental Society'' 92(3), pages 419–424〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Anglo-Hindu law」の詳細全文を読む スポンサード リンク
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