SCHOOLS OF HINDU LAW.

INTRODUCTION

Hindu law is the most ancient law in the world. It was created to satisfy every need and welfare of the people. The sources of the concept for the Hindu law are Shruti, Smriti, customs, commentaries and digests. There are two types of modern Hindu law codified law and uncodified law. The concepts of schools of Hindu law don’t exist in codified law but it exists in uncodified law. Vedas and Smritis are the forms of sources in which, many scholars all around India wrote commentaries which later became the basis for schools of Hindu law. The two major types of schools of Hindu law are:

  1. MITAKSHARA SCHOOL
  2. DAYABHAGA SCHOOL

These are the two important sources of Hindu law.

  1. MITAKSHARA SCHOOL.

Mitakshara means a brief compendium. The legislators of each state interpreted ancient texts in the light of the present requirements of that time and the code enacted could be enforced by the sovereign authorities. The term school is of a later origin and is divided into five sub-schools. The 5 sub-schools are:

  1. The Banaras school
  2. The Mithila school
  3. The Dravida or Madras school
  4. The Bombay or Maharashtra school
  5. The Punjab school

The Banaras school comes under the authority of the Mitakshara school and covers northern Indian including Orissa and the central province but doesn’t include Punjab. It is also known as the most orthodox school.

The Mithila school exercises its authority in the territorial parts of tirhool and north Bihar. The major commentaries of this school are vivadaratnakar, vivadachinamani smritsara.

The Dravida school or madras school tends to over the whole southern part of India. It also exercises its authority under Mitakshara school. The main authorities of this school are smrithi Chandrika, vaijayanti etc.

The Bombay or Maharashtra school is also called the most liberal of all schools. It covers entire western India including the island of Bombay, Gujarat, northern Konkan and berar.

The Punjab school has predominantly established in east Punjab, it had established its own automs and traditions. The main commentaries of this school are virmitrodaya and its established customs.

DAYABHAGA

Dayabhaga was written by Jimutavahana. It is not a commentary on any specific work but it is a digest of all the codes. It was just a part of a large work titled “Dharamaratna” and it’s a valuable work on the laws of inheritance succession. The new digest benefit was it remover all the short comings and limitations of the previously established principles and inclusion of many cognates in the list of heirs which are restricted by the Mitakshara School. In this school various other commentaries are:

  1. Dayatatya
  2. Dayakram-sangrah
  3. Virmitrodaya
  4. Dattaka chandrika.

CONCLUSION

Under this article, we have mentioned different schools and sub-schools of Hindu law. The main schools are Mitakshara and Dayabhaga they have been divided into sub-schools such as Banaras school, Punjab school Maharashtra school Mithila school and Dravida school. They have been discussed above in detail. These schools are the sources of Hindu law and an important part of Hindu religion to practice their customs.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.