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Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India.〔William Musyoka (2010), A Casebook on the Law of Succession, ISBN 978-9966744852, page 12〕〔〔Werner Menski (2003), Hindu Law: Beyond tradition and modernity, Oxford University Press, ISBN 978-0-19-569921-0, Chapter 1〕 Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law found in ancient and medieval era Indian texts.〔 It is one of the oldest known jurisprudence theories in the world.〔〔 Hindu tradition, in its surviving ancient texts, does not express the law in the canonical sense of ''ius'' or of ''lex''.〔 The ancient term in Indian texts is Dharma, which means more than a code of law.〔〔 The term "Hindu law" is a colonial construction,〔P Bilimoria (2011), (The Idea of Hindu Law ), Journal of the Oriental Society of Australia, Volume 43, pages 103-130〕 and emerged after the colonial rule arrived in South Asia, and when in 1772 it was decided by British colonial officials, that European common law system would not be implemented in India, that Hindus of India would be ruled under their "Hindu law" and Muslims of India would be ruled under "Muslim law" (Sharia).〔Ludo Rocher (1978), Hindu Conceptions of Law, Hastings Law Journal, Volume 29, pages 1283-1297〕〔M Gaborieau (1985), From Al-Beruni to Jinnah: idiom, ritual and ideology of the Hindu-Muslim confrontation in South Asia, Anthropology Today, 1(3), pages 7-14〕 Prior to the British colonial rule, Muslim law was codified as ''Fatawa-i Alamgiri'', but laws for non-Muslims – such as Hindus, Buddhists, Sikhs, Jains, Parsis – were not codified during the 600 years of Islamic rule.〔Richard W. Lariviere (1989), "Justices and Paṇḍitas: Some Ironies in Contemporary Readings of the Hindu Legal Past," Journal of Asian Studies, Vol. 48 , pages 757–769〕 The substance of Hindu law implemented by the British was derived from a Dharmaśāstra named Manusmriti, one of the many treatises (śāstra) on ''Dharma''.〔 The British, however, mistook the Dharmaśāstra as codes of law and failed to recognise that these Sanskrit texts were not used as statements of positive law until the British colonial officials chose to do so.〔〔Donald Davis (2010), The Spirit of Hindu Law, Cambridge University Press, ISBN 978-0521877046, page 13-16, 166-179〕 Rather, Dharmaśāstra contained jurisprudence commentary, i.e., a theoretical reflection upon practical law, but not a statement of the law of the land as such.〔For reviews of the British misappropriations of Dharmaśāstra, see: Richard W. Lariviere, "Justices and Paṇḍitas: Some Ironies in Contemporary Readings of the Hindu Legal Past," in ''Journal of Asian Studies'' 48 (1989), pp. 757–769, and Ludo Rocher, "Law Books in an Oral Culture: The Indian Dharmaśāstras," ''Proceedings of the American Philosophical Society'' 137 (1993), pp. 254–267.〕 Scholars have also questioned the authenticity and the corruption in the Manusmriti manuscript used to derive the colonial era Hindu law.〔 In colonial history context, the construction and implementation of Hindu law and Islamic law was an attempt at "legal pluralism" during the British colonial era, where people in the same region were subjected to different civil and criminal laws based on the religion of the plaintiff and defendant.〔〔John Griffith (1986), What is legal pluralism?, The Journal of Legal Pluralism and Unofficial Law, Volume 18, Issue 24, pages 1-55〕 Legal scholars state that this divided the Indian society, and that Indian law and politics have ever since vacillated between "legal pluralism - the notion that religion is the basic unit of society and different religions must have different legal rights and obligations" and "legal universalism – the notion that individuals are the basic unit of society and all citizens must have uniform legal rights and obligations".〔 In modern India, Hindus and other non-Muslims in India favor legal universalism that is based not on any Hindu text but on parliamentary laws, however Muslims favor legal pluralism with sharia as the source of marriage, divorce and inheritance laws for Muslims in India.〔〔John H. Mansfield (2005), “The Personal Laws or a Uniform Civil Code?” in Robert D. Baird, ed., Religion and Law in Independent India, ISBN 978-8173045882, pages 139-177〕〔TN Madan (1987), Secularism in Its Place, The Journal of Asian Studies, Volume 46, Issue 04, pages 747-759〕 == Terminology and nomenclature == (詳細はHinduism, law is discussed as a subset of ''dharma'' which signifies behaviors that are considered in accord with ''rta'', the order that makes life and universe possible,〔 and includes duties, rights, laws, conduct, virtues and ‘‘right way of living’’.〔Dharma, The Columbia Encyclopedia, 6th Ed. (2013), Columbia University Press, Gale, ISBN 978-0787650155〕 The concept of ''Dharma'' includes Hindu law.〔Robert Lingat, "Les Quatre Pieds du Procés," ''Journal Asiatique'' 250 (1962), 490–1; and Richard W. Lariviere, "Law and Religion in India," in ''Law, Morality, and Religion: Global Perspectives''. ed. Alan Watson (Berkeley: University of California, 1996); K.V. Rangaswami Aiyangar, ''Rājadharma'' (Adyar: Adyar Library, 1941), 23;〕 In ancient texts of Hinduism, the concept of dharma incorporates the principles of law, order, harmony, and truth. It is explained as the necessary law of life and equated to ''satya'' (Sanskrit: सत्यं, truth),〔〔 in hymn 1.4.14 of Brhadaranyaka Upanishad, as follows: 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「Hindu law」の詳細全文を読む スポンサード リンク
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