Hindu Law, Sources and Schools of law

Define Hindu law. Describe various sources of Hindu law [2022]
What are the various sources of Hindu law? Discuss their importance [2023]
Describe the various schools of Hindu law? What is the difference between Mitakshara and Dayabhaga School of Law?

it is a code of personal laws that applies to Hindus, Sikhs, Buddhists, and Jains in India in matters of marriage, divorce, adoption, inheritance and succession, minority and guardianship etc.
it was developed from a compilation of legal maxims, i.e. Dharma (duty) from works such as Nadasmriti

Ancient sources which include Shruti, Smriti, Digests, Commentaries, and Customs

Shruti (what was uttered) were divine utterances found in the 4 Vedas (Rig, Yajur, Sam, Atharva Veda), 6 Vedangas (appendices to Vedas), and 18 Upanishads
Smriti (what was remembered) or Codes were transmitted by Rishis (sages) to through generations, for example, Manusmriti
Interpretations of smriti were recorded as written texts / Commentaries (Nibhandhs), Digests
Customs modify and supplement the written law. These refer to any rule which has been in continuously and uniformly used for a long time and has obtained the force of law in Hindus among tribes, clans, communities, areas of family, etc.

Modern sources which include principles of equity, justice, good conscience, precedent (judicial decisions), and legislation

Judicial decisions as precedents - Judicial decisions as passed in cases about Hindu law act as precedents and become a part of Hindu law itself, however, the interpretation must be based on recognized and authoritative sources of law, not a mere personal interpretation by the judge
Principles of equity, justice, and good conscience

Importance of Hindu law

Fundamental in establishing civil law and order in societal structures
Ensures gender equality and protection of individual's rights under the law
Ensures social evil such as child marriage, dowry, and domestic violence are discouraged and prohibited by law
Offers clarity and social order in matters of conflict such as succession and inheritance
Safeguards the rights of Hindu children and women through laws such as the Minority and Guardianship Act, Hindu Succession Act, etc.
Safeguards rights of individuals in case of inter-caste marriage who may be permitted by law to marry but are looked down upon by society out of stigma and stereotypes
Offers justice and equity to society by putting laws in place that offer remediation to individuals
Critical in preserving joint Hindu family structures (Hindu Undivided Family), a family structure primarily seen in India and south Asian countries, by offering laws that resolve conflict and offer clarity on rules governing HUF

Yagnavalkya Smriti commented by Vijneshwara under the title Mitakshara and Yagnavalka and other smriti commented by Jimutavahana
Right to ancestral property arises by birth in Mitakshara and only after the death of the father in the Dayabhaga system
Right to alienation from the property is NOT possessed by the father in Mitakshara whereas in Dayabhaga, the father CAN alienate sons from the property as he is the sole owner during his lifetime
Applicability all over India except Assam and Bengal (Mitakshara school) whereas Dayabhaga is applicable in Assam and Bengal
Request to Partition property can be asked by the son even against the father's wishes and can ask for his share as he attains the right to become co-owner in Mitakshara school but in Dayabhaga school, the son has no right to ask for partition of property against their father
Interest in property upon death passes via survivorship rule to other members of the family in Mitakshara school whereas in Dayabhaga it passes to the heirs of the deceased member, widows, sons and daughters
The basis of inheritance is blood relationship or consanguinity in Mitakshara school whereas in Dayabhaga it is through the rule of the offering of the pinda
Basis of coparcenary unity of ownership in Mitakshara and unity of possession in Dayabhaga
Mitakshara has 4 sub-schools Madras, Maharashtra / Bombay, Benaras and Mithali school of law

Read more about school of law here External link

Kanoon With Kabir