In the history of jurisprudence Hindu law occupies a significant place as it is generally regarded as the most ancient legal system. In this paper I would like to discuss the impact of the Mimamsa principles of interpretation, generally called the nyayas, on Hindu law. The first part of the paper deals with an overview of the nature and sources of Hindu law. The second part delineates the theoretical aspects of the Mimamsa principles of interpretation and the application of those maxims in concrete cases that mark the evolution of Hindu law.

I

Any developed legal system has both theoretical and practical aspects. On the one hand, there should be an analytical and rational discussion of the basic principles or concepts of jurisprudence, while on the other hand there has to be provisions for the application of those principles in positive laws. In the history of the development of Hindu law both these aspects are very much present and as such it may be regarded as a mature and rational system of jurisprudence. In most languages there are several synonyms and usages of the word ‘law’. In the Indo-European society law is “apparently designed to maintain the ‘order’ of the Universe, the underlying concept that a harmony must be maintained, be it in the physical universe or the social world.”¹

Law, in general, is necessary in most of the societies for maintaining peace, order and the moral sense. Some sort of blinding or obligatoriness also goes with it. Law reflects the rational, moral and social consciousness of the people, who promulgate and implement it in their society. Apart from having such common characteristics, Hindu law has also some special characteristics which make it unique and rich. One such distinctive feature of Hindu law is its close association with dharma. It is impossible to comprehend Hindu law without a thorough understanding of the nature of dharma. Hindu jurisprudence falls under Dharmasastra, the treoatise on the nature of dharma. While the Latin Jus refers to right, justice and law, the Sanskrit root dhr refers to that which sustains and seems to direct implicitly not to human but to divine sanction and to the accepted norms of behaviour developed within the society itself. Dharma occupies a central position in Indian tradition; the word is used and analyzed in numerous texts and in varied contexts in myriad senses. It is neither possible not necessary to discuss, in the present context, all the various usages of the word dharma; yet I may recapitulate that the word has wide import referring to the confluence of duties and obligations – religious, moral, social and legal. Consequently, in traditional India there was no clear distinction between positive law and moral principle. The entire structure of injunctions and instructions, regulating the life of the Hindus in relation to civil conduct, social rites and religious ceremonies, is included under the Dharmasastras. In distinction from the Sruti or the Vedas, these Dharmasastras are called the Smrtisastras. So far as Hindu jurisprudence is concerned these Smrtisastras are of paramount importance.

In some of theDharmasastras, for example in Yajnavalkya Smriti, dharma has been classified under three broad heads: acara (including varnasrama-dharma and raja-dharma), vyavahara (i.e., legal and municipal laws) and prayascitta. Whereas acara and prayascitta mostly refer to moral aspects, vyavahara refers primarily to legal principles. It is interesting to note that no such classification has been mentioned in Manusmrti. It is noteworthy that we do not find in the Sanskrit language any term strictly juristic for positive and municipal law, being totally dissociated from ethical and religious senses. The terms that abound in theDharmasastras are dharma, nyaya, niti, vidhi, vyavahara, sadacara, sistacara, etc. Of all these terms vyavahara is specially used for cases of judicial proceedings. This allows us to hold that the classical Indian thinkers were equally interested in the proficiency of both theory and practice. Whereas the moral and legal implications were thoroughly discussed and analyzed in minute details by the various Dharmasastrakaras, they were also aware about the need of their vyavahara or implementation in actual cases and problems that one has to confront in life and society. Hence discussions about dharma, nyaya, niti, vidhi, which are the socio-ethical principles and sanctions, are supported by concrete details of vyavahara and sadacara. Without such application, mere discussion of the nyaya or niti would be ineffective.

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