It is the first and most popular school in muslim law. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. These courses are being taught in various universities and colleges in india. The dayabhaga and the mitakshara are the two schools of lawthat govern the law of succession of the hindu undivided family under indian law. However, they impact the minds of the legislature or law makers. Download the pdf from the orange download button below. Mitakshara and dayabhaga are the major schools of hindu law. Mitakshara law of propinquity nearness of bloodrelationship secular principle exclusion of females from inheritance first principle terminated by. The concept of partition under hindu law is a wider topic as compared to other laws.
The dayabhaga school or bengal school in bengal and assam the dayabagha school was established and in the entire of. According to the hindus, dharma includes not only what is known as law continue reading class notes on family law hindu law 1 unit i 1st sem. But schools of hindu law arose as the people chose to adhere to one or the other school for different reasons. The rules of partition under the hindu law may vary from schools to schools. Sep 16, 2012 family law hindu law unit i revision study notes for ll.
It is a running commentary of the smriti written by. Difference between hindu law and muslim law difference between. The evolution of the different schools of hindu law has been possible on account of the different commentaries that were written by various authorities. There are mainly two causes to differentiate between several schools of hindu. Muslims in india are governed by their personal law. Schools of jurisprudence legal bites law and beyond. In all other parts of india the mitakshara school of law is observed. By way of explanation, davis says that the need to know the details of hindu law for the sake of a nonintrusive colonial administration has put us in the habit of only learning about hindu.
Dayabhaga school got its name from a leading smritis by name dayabhaga, written by. Classroom live lectures edited, enlarged and updated. Hindu law, as a historical term, refers to the code of laws applied to. Its origin can be traced to the ancient partriarchal system where the patriarch or the head of the family was the unquestioned. Here is your essay on the major schools of hindu law. Different types of schools under hindu law a detailed distinction. This law covers concerns like karta, coparcenary, coparcenary property, etc. Sources and schools of hindu lawand muslim law free download as powerpoint presentation.
According to european jurists, who do not accept the hindu idea ofdivine origin of law, hindu law is based upon immemorial customs, which existed prior to and independent of brahmanism. The hindu, indias national newspaper since 1878, is published by thg publishing private limited, chennai, india. While it is a high textual tradition, it incorporates divergent folk tradition. The mitakshara written by vijnaneshwar in the latter part of the eleventh century is a very comprehensive commentary which deals with all titles of hindu law. Thus, schools of thoughts on hindu law refers to the varied and divided opinions on the rules and principles of hindu law. According to manu there are four sources of hindu law as per following details, in addition to these four there was also that what is agreeable to ones conscience such as shruti, smriti, digest and commentaries, custom and usages.
Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation. We will discuss these schools along with their leading jurists. Doc sources and schools of hindu law sonali sardana. Hindu undivided family is a very special kind of business organization. This tutorial is centred around the fundamentals of hindu law in the indian penal code.
To the students of law, a study of this is a sine qua non as it. May 31, 2011 by way of explanation, davis says that the need to know the details of hindu law for the sake of a nonintrusive colonial administration has put us in the habit of only learning about hindu. Explain the various schools of hindu law and examine how did. There are two schools of hindu law a mitakshara b dayabhaga. Mitakshara school prevails throughout india except in bengal. That is why it became necessary for the country to come up with a uniform law. All you want to know about sources and schools of hindu law. Aug 30, 2017 this tutorial is centred around the fundamentals of hindu law in the indian penal code. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era indian texts. Aug 06, 2014 mitakshara law of propinquity nearness of bloodrelationship secular principle exclusion of females from inheritance first principle terminated by 2005 amendment of hindu succession. Mitakshara is one of the most important schools of hindu law.
The original source of hindu law was the same for all hindus. Mulla principles of hindu law pdf mulla principles of hindu law pdf are you looking for ebook mulla principles of hindu law pdf. B introduction of the hindu law concept of dharma hindu law is a body of principles or rules called dharma according to hindu texts embraces everything in life. Therefore it is mentioned under the hindu laws that there is a presumption that each family will be. The hindu disposition of property act, 1916 the hindu gains of learning act, 1930 the hindu inheritance removal of disabilities act, 1928 the hindu law of inheritance amendment act, 1929 the hindu marriage disabilities removal act, 1946 the hindu married womens right to separate residence and maintenance act, 1946. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. The schools of hindu law emerged from the commentaries and digests. It is a running commentary on the code of yagnavalkya. The city of koofa in iraq was then the capital khilafath. Sources and schools of hindu lawand muslim law vedas. Schools of hindu law studies in hindu law and dharmasastra. It is a running commentary on the smriti of yajnavalkya. Hindu law is known as dharma and is defined in those texts collectively called the dharma sastras.
These family businesses are working on a large scale in india. Hindu joint family under mitakshara law the hindu joint family is a normal condition of the hindu society. Under hindu law, the law of property has a close relationship with the composition of family. The dayabhaga school of law is observed in bengal and assam. Hanafi school is the first and the most popular schools in muslim law.
When the aryans penetrated into india, they found that there were a number of usages either the same as, or not wholly different from, their own. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in. With our online resources, you can find mulla principles of hindu law or just about any type of ebooks. Later, this school was renamed as hanafi school based on the name of its founder abu hanafee. Explain the various schools of hindu law and examine how did they arise. There are four important schools of law among sunni. B family law hindu law unit i revision study notes for ll. These two schools of hindu law are marked by a vital difference of opinion and interpretations of the smritis. Dayabhaga school vijnaneswaras commentary on yajnavalkya smriti is called mitakshara, which means measured in words. Smritis refer to manusmriti, naradasmriti and parasharasmriti written by renowned and learned. The three importance schools of law among shia are isna ashari, ismaili and zaidy.
It is remarkable for its simplicity and practicability. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can. For a thorough knowledge on hindu law one must sit with these great masters. Colebrook, the learned european scholar of hindu law, spoke of this divergence as representing schools of hindu law. The courses of law are very popular and are offered by various private and government colleges and universities in india. The commentators wrote commentaries based on the principles of sruti, smritis and customs. You will be glad to know that right now mulla principles of hindu law pdf is available on our online library. Although the authority of mitakshara was accepted throughout india, yet the exact practice of law differed in different parts. We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts. Class notes on family lawhindu law 1 adv gr rajesh kumar.
Short note on hindu joint family under mitakshara and dayabhaga. Before being named hanafi, this school was known as koofa school which was based on the name of the city of koofa in iraq. According to the hindus, dharma includes not only what is known as law continue reading class notes on family lawhindu law 1 unit i 1st sem. Jun 16, 2017 the sources of hindu law can be kept under two headings. School means rules and principles of hindu law which are divided into opinion. The hindu scriptures were not uniformly interpreted by the hindu scholars, and this gave rise to diverging opinions on the interpretation of particular texts. Essay on the major schools of hindu law worlds largest.
The english language daily is best described as classic yet contemporary. Difference between dayabhaga and mitakshara in hindu law. It was said that, there is only one remote source among the various schools of hindu law, but due to different beliefs of digest and its commentaries several schools and sub schools of hindu law have developed. Hindu law is considered to be the most ancient and prolific law in the world. In this paper, the author has tried to explain the rules of partition under the dayabhaga and mitakshara schools of hindu law. The term sruti is the collective reference to the four vedas which are considered to have divine origin. Family law hindu law unit i revision study notes for ll. Different types of schools under hindu law a detailed. One of the main differences between these two principal schools of hindu law relatesto the law of inheritance mulla 1970. Schools of hindu law concurrent estate common law scribd. It is known for the high quality of its journalism and excellent presentation.