In this article you will learn about the Schools of Hindu law.
Schools of Hindu law
Hindu legal schools are regarded as the smritis' commentary and digestives. Hindu law has been expanded by these institutions, which have also directly aided in its advancement.
The following are the two main schools of Hindu law :
- Mitakshara
- Daya Bhaga
Mitakshara
The Mitakshara school, which has its roots in Vijnaneshwara's commentary on the Yajnavalkya Smriti, is widely accepted throughout most of India. It adheres to the idea of coparcenary, in which sons are born with a right to ancestral property that is jointly owned. The concept of survivorship, which states that a deceased coparcener's share belongs to the surviving members, is acknowledged by Mitakshara. One of the most significant schools of Hindu law is Mitakshara. It is Yajnvalkya's running commentary on the Smriti. All of India is covered by this school, with the exception of West Bengal and Assam. The Mitakshara's jurisdiction is extremely broad. However, due to the various customs that each region adheres to, legal practice varies throughout the nation.
Mitakshara is separated into five smaller schools, which are as follows :
- Banaras Hindu law school
- Mithila law school
- Maharashtra law school
- Punjab law school
- Dravida or madras law school
The Mitakshara Law School oversees these legal institutions. While they share the same basic idea, there are some differences between them.
Banaras law school
This law school serves Northern India, including Orissa, and is governed by the Mitakshara Law School. Among its most important commentaries are Viramitrodaya Nirnaya Sindhu vivada.
Mithila law school
The areas of Tirhoot and North Bihar are under the jurisdiction of this law school. In the north, law school values are the norm. The three main commentaries of this school are smritsara, vivadaratnakar, and vivadachintamani.
Maharashtra or Mumbai law school
The Maharashtra Law School is empowered to exercise its jurisdiction over the regions it covers, which include Gujarat Karana and the areas where Marathi is a common language. These schools are run by Vyavahara Mayukha, Virmitrodaya, and other principals.
Madras law school
Typically, this law school teaches students from all over southern India. It also uses Mitakshara Law School to exercise its power. Vaijayanti, Smriti Chandrika, and other principals are in charge of this institution.
Punjab law school
The majority of this law school's founding occurred in east Punjab. It had developed its own traditions and customs. This school's primary critiques are of viramitrodaya and its long-standing traditions.
Dayabhaga school
The Dayabhaga school, linked to the writings of Jimutavahana, deviates from the Mitakshara precepts. In terms of inheritance, it places more emphasis on individual ownership than shared ownership. In contrast to Mitakshara, it does not acknowledge the innate right of sons. Rather, the concept of succession governs inheritance, designating heirs in a particular order. The Dayabhaga school was most popular in West Bengal and Assam. Among the most significant schools of Hindu law is this one as well. It is regarded as the leading smriti's digest. Dealing with inheritance, joint families, and partition was its main objective. Kane states that it was incorporated sometime between 1090 and 1130 A.D.
With the intention of eliminating all other ludicrous and artificial conceptions of inheritance, the Dayabhaga school was developed. The inclusion of numerous cognates in the list of heirs, which was restricted by the Mitakshara school, and the tendency to eliminate all the flaws and limitations of the previously established principles are the immediate benefits of this new digest.
Various other commentaries were followed in Dayabhaga school, including :
- Dayatatya
- Dayakram-sangrah
- Virmitrodaya
- Dattaka chandrika
Hindu personal laws have been shaped by these two schools, particularly with regard to property, succession, and family dynamics. Even though Mitakshara is more common, particularly when it comes to joint family property, the Dayabhaga school has a big influence, especially in Bengal. The coexistence of these legal systems, which have adapted to different historical and regional contexts, reflects the diversity and complexity of Hindu law.
This article on Schools of Hindu law is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.