Study of Dharma in the Light of Hindu Jurisprudence
1. Abstract
- Dharma: A multifaceted concept with varied meanings across Indian religions:
- Hinduism: Duties, rights, laws, conduct, virtues, and the right way of living.
- Buddhism: Cosmic law and Buddha’s teachings.
- Jainism: Moral transformation of human beings.
- Sikhism: Righteousness and proper religious practice.
- This study explores Dharma’s meaning, sources, and its legal and philosophical implications.
2. Chapterization
- Dharma Explained According to Various Religious Texts and Jurists
- Concept of Dharma
- Sources of Dharma
- Nature of Dharma
3. Dharma Explained According to Various Religious Texts and Jurists
- Mahabharata (Karna Parva): Defines Dharma as essential for societal stability, social order, and human progress.
- Brihadaranyakopnishad: Equates Dharma with truth, identifying it as supreme.
- Kautilya (Arthashastra): Describes Dharma as the foundation of power and governance.
- Bhagavad Gita: Emphasizes the supremacy of Dharma, likening it to the Rule of Law in modern jurisprudence.
4. Concept of Dharma
- Dharma represents responsibility across religious, social, legal, and spiritual domains.
- In Hindu Jurisprudence:
- Signifies justice and responsibility.
- Equates closely with law, emphasizing moral and religious underpinnings.
5. Sources of Dharma
- Vedic Origins:
- Rig Veda: Describes Dharma as the universe’s foundation and guiding principle of life.
- Upanishads: Introduced moral elements to Dharma, making it more humane and legal.
- Manusmriti:
- Codified Dharma to establish religious and legal responsibilities.
- Influences modern Hindu laws.
- Hindu Epics:
- Ramayana and Mahabharata: Highlight fulfilling duties and responsibilities as central to Dharma.
6. Nature of Dharma
- Responsibility over Rights:
- Hindu Jurisprudence prioritizes individual responsibilities over rights.
- Example: A professor’s duty to impart knowledge; a farmer’s duty to provide sustenance.
- Connection to Natural Law:
- Aligns with the Natural Law School, attributing rights and duties to divine will.
- Multi-faceted Nature:
- Encompasses laws and customs across religion, administration, economics, marriage, and criminal law.
- Detailed extensively in Manusmriti.
7. Conclusion
- Dharma integrates legal, social, moral, and religious principles, reflecting profound philosophical thought.
- Its adaptability over millennia underscores its relevance in modern contexts.
- Being "dhārmik" (righteous) reflects the highest ethical standard.
- Challenges rigid distinctions between law and morality, offering a unified understanding of justice and righteousness.
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