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

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 2024

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

1

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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2

Watkins, Calvert. "‘In the interstices of procedure’." Historiographia Linguistica 13, no. 1 (January 1, 1986): 27–42. http://dx.doi.org/10.1075/hl.13.1.05wat.

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Summary “Ancient law is hidden in the interstices of procedure” (Sir Henry Sumner Maine). We examine three Indo-European linguistic and cultural analogs form the sphere of legal language, each illustrating a different approach to comparative Indo-European Law. 1) structural: The forms of oath for the three non-servile castes in Hindu law, satyena, vāhānayudhaih, gobījakāñcanaih (Mn.8.113) reflect the hierarchy of Dumézil’s idéologie des trois functions. Parallels for the second and third are noted in Old Norse, Old Irish, and archaic Latin oaths. 2) lexical: Cretan Greek (peuthen), Germanic (*beudan) and Old Irish (ad-boind) agree in attesting forms of the root *bheudh- in the meaning ‘give legal notice (of), announce, proclaim.’ This meaning is inherited and part of the semantics of Indo-European active transitive *bhunédh-ti (*bhunéddhi). 3) institutional: The ‘Pecularly Roman’ opposition of res mancipi/res nec mancipi reflects a traditional hierarchy in the categories of property which is of Common Indo-European origin: large cattle, man, land. Indian law in the sanctions of false witness (Mn. 13.14–16) and Old Iranian law in the classes of contract (Vd. 4.1–4) both make reference to the identical hierarchy of the categories of property, as a traditional ‘yardstick’. By the tenets of the comparative method, these three traditional hierarchies, all equally arbitrarily within their own culture, require the postulation of a common original.

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3

Patni, I. Gusti Ayu Maha, I. Made Suwitra, and I. Ketut Sukadana. "Kedudukan Sumpah Pemutus dalam Pembuktian Sengketa Tanah Waris." Jurnal Konstruksi Hukum 1, no. 2 (October 28, 2020): 315–19. http://dx.doi.org/10.22225/jkh.2.1.2563.315-319.

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This study is motivated by the phenomenon of inherited land disputes that often occur in the community. When the distribution of inheritance is not fair, the heirs can file a lawsuit in court according to the choice of law, both in western civil law and in customary law. This study aims to determine the procedure for the breaker's oath in inherited land disputes and to analyze the power of proof of the breaker's oath in inherited land disputes. This study uses a normative research method with the aim of analyzing the obscurity of norms regarding the proof of the breaker's oath. The data used comes from legal materials such as statutory regulations, Civil Code, HIR or RBg and Jurisprudence. The results of the analysis show that the procedure for the breaker's oath in inherited land disputes is the breaker's oath (oath decisoir) which is charged at the request of one party to the opponent. The types of breaking oaths or decisoir oaths can be in the form of pocong oaths, pulpit vows, pagoda oaths, and cast oaths which are known in Hindu society in Bali. An oath of decision making in inherited land disputes, namely an oath of decision made when there is no attempt to prove anything in a case. Then, the power of proof of the breaker's oath is seen in Decision Number 148 / PDT.G / 2016 / PN GIN, that the power of proof of the breaker's oath has the power to decide cases or disputes which have the value of perfect proving power, binding and determining

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4

Jany, Janos. "Cruelty against Leniency: The Case of Imperial Zoroastrian Criminal Law." Religions 14, no. 2 (February 3, 2023): 210. http://dx.doi.org/10.3390/rel14020210.

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The article examines the impact of Zoroastrianism on criminal law and legal theory during the reign of the Sasanian dynasty (224–651 C.E) in late Antique Persia. This was the historic period when Zoroastrianism was also the ideology of the Iranian state, which granted the Zoroastrian church extraordinary power and influence, a unique situation which is termed by the author as ‘imperial Zoroastrianism’. The first part of the paper examines how imperial Zoroastrianism evolved from previous understanding of religion and law. The second part of the paper scrutinises the Zoroastrian understanding of wrong in the light of eschatology and cosmology, and the ethical principles that follow from this very particular world view. Next, an individual section is devoted to the criminal theory of Zoroastrianism, which regards criminal punishment not as a punishment but as a means to save the soul of the offender from sufferings in Hell. With such an underlying principle in mind, the text looks for examples of cruelty and leniency in substantive criminal law and criminal procedure. This main body of the article examines contemporary legal sources and apocalyptic works. Finally, a comparison of Hindu and Islamic criminal legal theory follows the description of the Zoroastrian criminal law, highlighting astonishing similarities. Considering the results of both the analytic and the comparative methods, the author comes to the conclusion that it is not religion in itself that suppresses crimes, but rather their eschatology and cosmology: religions that are based on divine justice are less lenient toward crimes and offenders than religions in which alternative concepts like divine grace or non-violence are also operative.

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5

Viryasari, Putu Emma, I. Nyoman Sujana, and Putu Ayu Sriasih Wesna. "THE POSITION OF MULIH DAHA WOMEN IN INSTRUCTION AFTER DIVORCE IN PENARUNGAN VILLAGE, BADUNG, BALI." NOTARIIL Jurnal Kenotariatan 6, no. 2 (December 7, 2021): 58–64. http://dx.doi.org/10.22225/jn.6.2.2021.58-64.

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The Balinese customary law community recognizes kepurusa system; the status of boys is steady, while the status of girls changes, because women after marriage follow their husbands. On that basis, daughters in kepurusa system are never traced or taken into account in inheritance. The purpose of this study is to examine the legal status and the legal position of mulih daha woman in Penarungan Village, Mengwi, Badung, Bali. The method used in this study is an empirical method. Furthermore, this study was carried out by means of field studies, namely by conducting field observations and interviews with respondents and informants. Based on the analysis, the results of this study showed that the legal status of mulih daha woman is received through a procedure with acceptance by the family on a scale and a niskala ceremony is carried out, namely arranging piuning or notification to the ancestral gods that with a divorce from her husband, her daughter has returned to her parents and ask to be accepted back as a damuh or part of her parents' ancestral family so that she can be held accountable again one day when the woman experiences something related to banjar. The legal position of mulih daha women in inheritance is related to the kinship system adopted by the Hindu community in Bali, namely the patrilineal system (fatherhood) where only boys have the right to inherit while girls have no right to inherit but girls can only enjoy the property.

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6

Koshy, RM, EG Kane, and C. Grocock. "A review of the use of biological mesh products in modern UK surgical practice: a religious and cultural perspective." Annals of The Royal College of Surgeons of England 102, no. 8 (October 2020): 566–70. http://dx.doi.org/10.1308/rcsann.2020.0114.

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Introduction The UK is an increasingly multicultural society. This change coincides with an increasing use of animal products in medicine and surgery and a change in the UK law of consent. The refusal of Jehovah’s Witnesses to accept blood products is well known, but the use of animal products in surgery is a neglected topic. As society becomes more diverse and medicine becomes ever more advanced, there is increasing potential for a mismatch between what is medically possible and what is acceptable from a religious perspective. Methods Surgical products were identified by searching the literature and contacting manufacturing companies. Literature was identified by using PubMed and OVID (MEDLINE). Religious views were established by contacting national bodies for each group. Findings The views of common UK religious groups and the constituent parts of biological meshes are summarised in tables intended to be used as a reference during clinical practice. On an elective basis, the Islamic, Hindu. Sikh and Jain leaders contacted had strong views on avoiding animal derived products. The Christian and Jewish leaders contacted did not. All religious leaders contacted accepted the use of mesh derived from human tissue. All products, including those of porcine and bovine origin, were acceptable to all leaders contacted if the procedure was performed to save life. The highlighting of this issue should prompt earlier consideration and discussion in the surgical planning and the consenting process with all final decisions taken by both the surgeon and the individual patient.

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7

Astutik, Yeni, and Anjar Sri Ciptorukmi Nugraheni. "PENGGANTIAN KELAMIN BAGI TRANSEKSUAL DAN AKIBAT HUKUMNYA TERHADAP KEABSAHAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN." Jurnal Privat Law 8, no. 2 (December 2, 2020): 331. http://dx.doi.org/10.20961/privat.v8i2.48428.

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<p>Abstract<br />This article aims to examine the ratification of changes in legal status and gender replacement procedures in population documents for transsexuals in Indonesia, as well as the legality of marriages for transsexuals in terms of Law Number 1 of 1974 concerning Marriage. The research method used is a type of normative legal research, with a qualitative approach. The legal materials used are primary and secondary legal materials, with data collection techniques used are literature study or document study techniques. Based on the results of the study, it was concluded that in Indonesia there are no specific rules regarding sex change, but for judges they cannot refuse a case because the law does not exist or is unclear. Regarding the procedure for changing sexes in population documents regulated in Act Number 23 of 2006 concerning Population Administration and Presidential Regulation of the Republic of Indonesia Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration. Then regarding the validity of marriage for transsexuals, from the six religions recognized by the government as the official religion in Indonesia, namely Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism, do not legalize a marriage carried out by parties, one of whom is a transsexual who has gone through Sex Reassignment Surgery. <br />Keywords: Sex Reassignment; Transsexual; Legality of Marriage.</p><p>Abstrak<br />Artikel ini bertujuan untuk mengkaji pengesahan perubahan status hukum dan prosedur penggantian jenis kelamin di dokumen kependudukan bagi transeksual di Indonesia, serta keabsahan perkawinan bagi transeksual ditinjau dari Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan. Metode penelitian yang digunakan adalah jenis penelitian hukum normatif, dengan pendekatan kualitatif. Bahan hukum yang digunakan adalah bahan hukum primer dan sekunder, dengan teknik pengumpulan data yang digunakan adalah teknik studi kepustakaan atau studi dokumen. Berdasarkan hasil penelitian, disimpulkan bahwa di Indonesia belum ada aturan khusus mengenai penggantian jenis kelamin, namun bagi hakim tidak boleh menolak suatu perkara karena Undang-Undang tidak ada atau tidak jelas. Mengenai prosedur penggantian jenis kelamin di dokumen kependudukan diatur dalam Undang- Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan dan Peraturan Presiden Republik Indonesia Nomor 25 Tahun 2008 tentang Persyaratan dan Tata Cara Pendaftaran Penduduk dan Pencatatan Sipil. Kemudian mengenai keabsahan perkawinan bagi transeksual, dari keenam agama yang diakui pemerintah sebagai agama resmi di Indonesia yaitu Islam, Kristen, Katolik, Hindu, Buddha, dan Khonghucu, tidak mensahkan suatu perkawinan yang dilaksanakan oleh para pihak yang salah satunya seorang transeksual yang telah melalui operasi penggantian kelamin.<br />Kata Kunci: Penggantian Kelamin; Transeksual; Keabsahan Perkawinan.</p>

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8

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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9

Nazarkulova, Nodira Bakhtiyor kizi. "PECULIARITIES OF FAMILY LAW IN THE CHOSON KINGDOM." Journal of Central Asian Social Research 01, no. 01 (August 29, 2020): 118–23. http://dx.doi.org/10.37547/jcass/volume01issue01-a13.

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All religions have a system of rules governing the family. In Islam, family law is called odat, and women's rights are strictly protected, while in Hinduism, books describing Hindu religions such as the Arthashastra and the Dharmashastra show that there is a system of rules that encourages a woman to obey her husband in any situation. This article focuses on family law in Korea during the Choson Dynasty, examining the impact of Confucianism on family procedures and its main differences from Buddhism, as well as issues related to divorce.

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10

Ambarnuari, Mery, and Hari Harsananda. "Boneka Arwah (Spirit Doll) Perspektif Agama Hindu." Sphatika: Jurnal Teologi 13, no. 1 (March 1, 2022): 39–49. http://dx.doi.org/10.25078/sphatika.v13i1.1120.

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Spirit dolls are dolls that are intentionally made to be infiltrated by the spirits of people who have died. These dolls are then marketed by agents to be adopted and treated like living humans. The culture of adopting this spirit doll started in Thailand around 2014, which then spread to Indonesia. The spirit doll reminds us of the essence of every belief in the world, namely the belief in animism and dynamism. Hinduism has the concept of reviving the spirit of statues or buildings which is similar to filling the spirits of spirit dolls but essentially has a difference in the procedures and objectives. Spirit dolls are filled with the spirits of people who have died, while in Hinduism the ceremony is aimed at purifying statues and buildings to make them habitable and worthy of worshiping God. Hindus should not adopt the spirit doll because there is no study of Hindu law that legalizes the adoption, besides the purpose of this adoption is contradiction to the catur purusa artha.

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Books on the topic "Procedure (Hindu law)"

1

Supākarā, Śraddhākara. Law of procedure and justice in ancient India. New Delhi: Deep & Deep Publications, 1986.

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2

Vācaspatimiśra. Vyavahāracintāmaṇiḥ. Hyderabad: Sanskrit Academy, Osmania University, 2012.

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3

Sūpakāra, Śraddhākara. Law of procedure and justice in ancient India. New Delhi: Deep & Deep Publications, 1986.

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4

Mitramiśra. Vīramitrodayaḥ. Vārāṇasī: Caukhambā Saṃskr̥ta Sīrīja Āphisa, 1987.

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Achar, M. R. M.R. Achar & T. Venkanna's Dowry Prohibition Act & Rules: With states notifications and commentaries on dowry, death, and cruelty to married women, relevant sections of Code of Criminal Procedure, Indian Penal Code, and Evidence Act. 2nd ed. Allahabad, India: Law Book Co., 1986.

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T, Venkanna, and Rakesh, eds. M.R. Achar & T. Venkanna's Dowry Prohibition Act & Rules: With states notifications and commentaries on dowry, death, and cruelty to married women, relevant sections of Code of Criminal Procedure, Indian Penal Code, and Evidence Act. 2nd ed. Allahabad, India: Law Book Co., 1986.

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Srivastava, Rajendra Kumar. Srivastava's commentaries on the Hindu Marriage Act (Act no. 25 of 1955) and state rules under Hindu marriage act, Law Commission of India ninety eighth report, Law Commission of India seventy-first report, Law Commission of India fifty-ninth report, brief history of Hindu Marriage Act, marriage law, marriage procedures in India for NRI's-PIO,S or foreigners, divorce under Hindu marriage, restitution of conjugal rights in Hindu Marriage Act, Hindu law between Bangladesh and India alongwith important allied laws. Edited by Srivastava A. B. 3rd ed. Allahabad, India: Law Publishers (India) Pvt. Ltd., 2015.

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Olivelle, Patrick, and Donald R. Davis, eds. The Oxford History of Hinduism: Hindu Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198702603.001.0001.

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The foundation of Hindu law is the voluminous textual tradition called Dharmaśāstra, the expert tradition on dharma. This book seeks to delineate the historical development of Dharmaśāstra, even though the tradition presented dharma as timeless and ahistorical. The volume establishes the importance of law for the history and study of Hinduism by providing interpretive descriptions of all the major topics of Hindu dharma according to this tradition. First, two broad introductions to the historical development of the textual sources of Hindu law suggest new ways to understand both the original texts (smṛti) and the later commentaries and digests. Next, groundbreaking research into the origin of the householder (gṛhastha), who is at the center of the Dharmaśāstric enterprise, provides new insights into both the origin of this genre and many of its topics, such as the āśrama system and married household life. The book devotes its central chapters to each of the major topics of Dharmaśāstra: epistemology of dharma, caste and social class, orders of life, rites of passage, Vedic student and graduate, marriage, children, inheritance, women, daily duties, food, gifting, funeral and ancestral offerings, impurity and purification, ascetic modes of life, dharma during emergencies, king, punishment, legal procedure, titles of law, penances, vows, pilgrimage, images, and temples. The final chapters then explore both the reception of Dharmaśāstra in other religious traditions, both Hindu and Buddhist, and the relevance of Dharmaśāstra to studies of critical concepts in religious studies—the body, emotions, material culture, subjectivity, animal studies, and vernacular culture.

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9

Davis, Donald R. Vows and Observances. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198702603.003.0026.

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This chapter traces the semantic and practical evolution of Hindu religious vows and observances called vrata. The general historical trajectory moves from vratas as the ascetic regimens in Vedic texts (especially observed by students), to vratas as the devotional vows of women in favor of a deity. The standard elements of a classical vow in medieval Dharmaśāstra are described, with a focus on the correct intention, procedures, times, and rewards for taking vows. The topic of vows reveals a common interplay within Dharmaśāstra among customary religious and legal practices, external textual traditions (Purāṇas in this case), and existing Dharmaśāstra norms. The history of vows thus provides helpful insight into intellectual, theological, and historical changes within Hindu law, and Hinduism, more generally.

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Bajpai, Asha. Right to Family Environment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199470716.003.0002.

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Institutionalization of children has to be the last resort. It is the right of a child to a family or in the alternative to family type non-institutional services, such as adoption, foster care, and sponsorship. This chapter commences with tracing the evolution of adoption in history, mythology, and religion. It critically examines Indian adoption laws, such as the Hindu Adoption and Maintenance Act, 1956, the Guardians and Wards Act, 1890, the Provisions in the Juvenile Justice Act, 2015, and the CARA guidelines and Procedures, 2015. Select judgements of the courts in India on adoption and surrogacy is also included. Surrogacy Regulation Bill, 2016 is discussed. International law, instruments, and protocols relating to adoption and surrogacy in some other countries are dealt with. It suggests law reform in the areas of adoption and surrogacy. A brief description of non-governmental organizations, government initiatives, programmes, and schemes dealing with non-institutional services are included.

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

1

Mathur, Ashutosh Dayal. "Evidence and Procedure." In Medieval Hindu Law, 194–215. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780195685589.003.0007.

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Govindaraj, V. C. "Foreign Judgments." In Private International Law, 122–25. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199489282.003.0007.

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A foreign judgement, even as a local judgement, should be assigned finality and decisiveness, if it is in conformity with the lex fori and, at the same time, does not ignore the applicable substantive law of the transaction. Hindu husbands, who go abroad either for higher studies or seeking lucrative jobs overseas, obtain a divorce for foreign courts in such of those states where domicile can be acquired by a make believe ‘six weeks’ or, as for that, a ‘three months’ stay. The concerned foreign courts grant divorce ignoring the law, that is, Hindu law, that governs their relationship. In order to circumvent such abuses, Section 13 of the Civil Procedure Code has to be suitably amended so as to curb divorce decrees granted by foreign courts in violation of rules of conflict of laws.

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