[4] It is one of the oldest known jurisprudence theories in the world and began three thousand years ago whose original sources were the Hindu texts.
[4][5][6] Hindu tradition, in its surviving ancient texts, does not universally express the law in the canonical sense of ius or of lex.
[7] The ancient term in Indian texts is Dharma, which means more than a code of law, though collections of legal maxims were compiled into works such as the Nāradasmṛti.
[7][11] The substance of Hindu law implemented by the British was derived from a Dharmaśāstra named Manusmriti, one of the many treatises (śāstra) on Dharma.
It is explained as the necessary law of life and equated to satya (Sanskrit: सत्यं, truth),[19][20] in hymn 1.4.14 of Brhadaranyaka Upanishad, as follows: धर्मः तस्माद्धर्मात् परं नास्त्य् अथो अबलीयान् बलीयाँसमाशँसते धर्मेण यथा राज्ञैवम् । यो वै स धर्मः सत्यं वै तत् तस्मात्सत्यं वदन्तमाहुर् धर्मं वदतीति धर्मं वा वदन्तँ सत्यं वदतीत्य् एतद्ध्येवैतदुभयं भवति ।।
[5] Mayne noted that while being ancient, the conflicting texts on almost every question presents a great difficulty in deciding what the classical Hindu law was.
As more literature emerges, and is translated or interpreted, Mayne noted that the conflict between the texts on every matter of law has multiplied, and that there is a lack of consensus between the Western legal scholars resident in India.
An attempt was made to find any old surviving Sanskrit text that mentioned elements of law, and this is how Western editors and translators arrived at the equation that "dharma shastra equals lawbook, code or Institute", states Rocher.
[7] Scholars such as Derrett, Menski and others have repeatedly asked whether and what evidence there is that the Dharmasastras were the actual legal authority before and during the Islamic rule in India.
[28] Early scholars during the British colonial rule such as John Mayne suggested that it is probable that Dharma-smriti texts reflect the "practical administration of law", at least before the arrival of Islam in India.
[5][29] However, most later scholars state that Dharma texts of Hinduism are "purely or mostly concerned with moral and religious norms which have some but not a very close relationship to legal practice".
[29] Classical Hindu law, states Donald Davis, "represents one of the least known, yet most sophisticated traditions of legal theory and jurisprudence in world history.
– Vāsiṣṭha Dharma-sūtra 1.4-1.5 The Smritis, such as Manusmriti, Naradasmriti, Yajnavalkya Smrti and Parashara Smriti, expanded this definition, as follows, वेदोऽखिलो धर्ममूलं स्मृतिशीले च तद्विदाम् । आचारश्चैव साधूनामात्मनस्तुष्टिरेव च ॥ Translation 1: The whole Veda is the (first) source of the sacred law, next the tradition and the virtuous conduct of those who know the (Veda further), also the customs of holy men, and (finally) self-satisfaction (Atmanastushti).
Bilimoria states the role of Shruti in Hindu Dharma has been inspired by "the belief in a higher natural cosmic order (Rta succeeded later by the concept Dharma) that regulates the universe and provides the basis for its growth, flourishing and sustenance – be that of the gods, human beings, animals and eco-formations".
[39] Levinson states that the role of Shruti and Smriti in Hindu law is as a source of guidance, and its tradition cultivates the principle that "the facts and circumstances of any particular case determine what is good or bad".
Classical Hindu law is derived from the following sources[43] As a part of the Kalpa texts within the Vedanga corpus of literature, they deal with personal conduct (alongside the Grihya Sutras) & social regulations in accordance to the principles of the Vedas.
Digests & compendiums composed by various scholars attempt to resolve difference of opinion on similar topics among the various texts & authors.
[57] The East India Company desired a means to establish and maintain the rule of law, and property rights, in a stable political environment, to expedite trade, and with minimal expensive military engagement.
[58] To this end the Company pursued a path of least resistance, relying upon local intermediaries that were mostly Muslims and some Hindus in various Indian states.
[59] The colonial state thus sustained what were essentially pre-colonial religious and political law and conflicts, well into the late nineteenth century.
[57][58] The colonial policy on the system of personal laws for India, for example, was expressed by Governor-General Hastings in 1772 as follows, That in all suits regarding inheritance, marriage, caste and other religious usages or institutions, the law of the Koran with respect to Mahometans, and those of the Shaster with respect to Gentoos shall be invariably be adhered to.
It included the extracted portions of law from a single Dharmaśāstra text (Manusmrti with the commentary of the Bengali scholar Kulluka Bhatta) translated into English by British colonial government appointed scholars (especially William Jones, Henry Thomas Colebrooke, J. C. C. Sutherland and Harry Borrodaile) in a manner similar to Islamic al-Hidaya and Fatawa-i Alamgiri.
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 negative public coverage in Britain through the publications of Christian missionaries and individuals such as Thomas Macaulay.
The British government failed to strictly implement laws against child-marriages & consummation of child marriages due to fears of the Hindu society rising up in open revolt against them.
Some important legislations were Acceptance to overseas travelling (see Kalapani) was a reformation within the Hindu society implemented without enacting any legislature.