Both schools are considered of equal importance among Hindus and they have given the necessary information about the laws in force. Hinduism is an ancient religion that has been known, practiced and persecuted by about 900 million people, it is the 3rd largest religion in the world with 95% of Hindus living in India. There are several customs, rules, traditions, etc. followed by Hindus uniting to form Hindu law. Hindu law is divided into 2 types, such as various laws that apply to all Hindus in India, namely Hindu Marriage Act, Hindu Inheritance Law, etc. and uncoded. Unlike the coded law, the application of the uncoded law depends on factors, such as the school of thought followed. We will discuss Hindu law schools: Mitakshara School and Dayabhaga School in this article. The 2 schools differ in the geographic regions to which they apply.
In the Mitakshara school, the right of ownership arises from birth and the son is considered co-owner of the ancestral property. He is entitled to joint family property from birth. The father of the Mitakshara school has limited power to separate ancestral property. In the Dayabhaga school, the right of ownership appears after the death of the last owner. During his father`s lifetime, the son has no right to his joint family property. The father of the Dayabhaga school has absolute power to separate ancestral property. The property was born here only after the death of the fathers, which led to murders. The above rule also meant that Dayabhaga, unlike Mitakshara, gave unchecked power of alienation into the hands of the father, who was often abused by him. In this school, the inheritance comes from Pinda offerings (spiritual blessings). Under the Mitakshara school, the woman cannot demand division, but she has the right to participate in any division between her husband and sons. While under Dayabagha the right for women does not exist, since the father is the absolute owner.
In both schools, the mother is entitled to the same share as the son. The Mitakshara and Dayabhaga schools differ fundamentally in some respects. The fundamental difference between the two is that Mitakshara is one of the most important schools of Hindu law. With the exception of Weast Bengal and Assam, it applies throughout India. It is a continuous commentary of the Smriti of Yajnvalkya. Although the Mitakshara school is very responsible, different customary laws are practiced in different parts of the country. It is further divided into five different sub-schools, namely, as follows: This school covers all of northern India except rural Punjab, and the main authorities are Virmitrodaya and Nirnaya Sindhu. After the partition of India in 1947, Hindu law was changed in India.
In 1955, a new Marriage Act was enacted in India, completely changing the matrimonial system and giving leave to the majority of wives. The divorce system was also introduced. In 1956, the enactment of another law changed the law on the inheritance of Hindus, Mitaksara or Dayabhaga. Sons and daughters received the same share on the death of their father or mother, while a wife or husband received one-third of the share. The practice of two schools, Mitaksara or Dayabhaga, was changed and a law was enacted for all Hindus in India. But the old Hindu law prevailed in Pakistan and the Dayabhaga Hindu law system remained in East Pakistan and remained the same even after the emergence of Bangladesh. This school is widespread in northern Bihar. This school focuses on religious and civic duties. But in some respects, it differs from the Mitakshara school.
This school is widely used in most parts of northern India, including Orissa, with the exception of Punjab. The school focuses mainly on civil law and inheritance law, including women`s inheritance rights. Mitakshara is the Hindu law school named after the Vijnaneshwara commentary. He reigns throughout India except Bengal and Assam. It also prevails in Bengal and Assam on all matters on which the Dayabhaga Law School is silent. The Mithila School exists in Trihut, North Bihar and Uttar Pradesh, near the Jamuna (Yamuna) river basins. The most important authorities are: the Vivada Chintamani and the Vivada Ratnakara. There are no sub-schools in the Dayabhaga school, but there are various comments such as: It exists in Bombay (Mumbai) and Gujarat extends to the West Indies, including the entire part of the Bombay presidency as well as Berar. The Bombay school has a whole body of religious and civil laws. The main authorities are Vyavhara Mayukha, Virmitrodaya and Nirnaya-Sindhu. The application of uncodified Hindu law depends on the context of the different schools. The Dayabhaga school prevailed mainly in Assam and West Bengal.
It is also one of the most important schools of Hindu law. It is considered a condensation for the main smrite. They focused mainly on division, inheritance and common family. According to Kane, it was founded between 1090 and 1130 AD. This law school under Mitakshara covers the territorial part of eastern Punjab. It has its customs and traditions. Viramitrodaya and its established customs are the main commentaries of this school. Hindu laws emerged from different digestions and commentaries in different parts of India. Hindu law schools are an organized system of thought. These are principles, guidelines, guidelines and methods for dealing with various issues of personal Hindu law. This school covers the West Indies, including the entire Presidency of Bombay as well as Berar. This school is limited to the state of West Bengal and parts of Assam.
It is not a comment on a code, but is considered a summary of the entire code. He has a small percentage of followers. He suggests that: Basically, it was the schools of the Hauptschulen subcategory, which were followed in the smaller regions. There are four such sub-schools under Hindu law. These are: Dayabhaga is a commentary on a specific work, but a summary of all codes. The Dayabhaga school bases its right of inheritance on the principle of religious efficacy or spiritual benefit. This means that the one who grants more religious benefits to the deceased is entitled to inheritance compared to others who grant fewer benefits. The immediate advantage of this new summary is that it tends to eliminate all the gaps and limitations of the previously established principles and to include many related persons in the list of heirs restricted by the Mitakshara school.
For example, the Hindu Marriage Act 1955 and the Hindu Succession Act 2005. Hindu law schools are relevant to uncodified areas of Hindu law. Uncodified Hindu law is those personal Hindu laws that are implemented in the personal affairs of Hindus. For example, adoption. The Dayabhaga school is based on the principles of religious efficacy of spiritual benefit and does not lead to agnates on relatives. According to this law school, no right of birth is granted to the son in matters of succession. In the case of Collector of Madras vs Mootoo Rantalinga, it was decided by the Privy Council that the sources of Hindu law (Smritis) are common to all the different schools, but the processes by which these schools are developed are very different while incorporating different customs, the Smritis has not ignored local customs and customs. There were contradictory teachings, so authority was received and rejected in one part of India.
Hindu law is a set of rules, customs and customs that guide the beliefs and way of life of Hindus. There are two schools of thought on Hindu law, namely Dayabhaga and Mitakxara. The Dayabhaga, a treatise on inheritance and succession based mainly on the Yajnavalkya-smrti, is said to have been written by Jimutavahana sometime after the eleventh or thirteenth century. On the other hand, the Mitaksara, written by Vajnanesvara (circa 11th century), seems to be a detailed commentary on the Yajnavalkya-smrti.