Mitakshara and Dayabhaga are the two important schools of Hindu Law which have given us the required information about the present legislated laws.
What are schools of Hindu law?
There are two Schools of Hindu Law:- a) Mitakshara b) Dayabhaga. Mitakshara School prevails throughout India except in Bengal. It is a running commentary on the code of Yajnavalkya (Yajnavalkya Smriti).
What are the sources and schools of Hindu law?
The Dayabhaga and Mitakshara are the two major schools of Hindu law. The Dayabhaga school of law is based on the commentaries of Jimutvahana (author of Dayabhaga which is the digest of all Codes) and the Mitakshara is based on the commentaries written by Vijnaneswar on the Code of Yajnavalkya.
What is the difference between commentaries and digests?
The work done to explain a particular smriti is called a commentary. Commentaries were composed in the period immediately after 200 AD. Digests were mainly written after that and incorporated and explained material from all the Smritis.
What is Dayabhaga school of Hindu law?
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. … The Dāyabhāga does not give the sons a right to their father’s ancestral property until after his death, unlike Mitākṣarā, which gives the sons the right to ancestral property upon their birth.
Who can adopt under Hindu law?
Men who are unmarried can adopt as well as long as they are not a minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or older. Only unmarried Hindu women can legally adopt a child. A married woman can only give her consent to adoption by her husband.
Is Lex loci A Hindu law?
Hindu law is a personal law. It is not lex loci it means law of the land. The laws which are applicable in a territory to all persons irrespective of their caste creed or race and religion are lex loci. … Thus it is a personal law.
What are the major sources of Hindu law?
Shrutis are considered to be the major source of Hindu law. Another term for Shruti is Veda. according to Hindu law, there are four Vedas namely, Rigveda, Samveda, Yajurveda, Atharveda. The brahmins used to pronounce what is written in these Vedas to the people.
Who is a Hindu as per Hindu law?
Any person who is born of Hindu Parents; 3. Any person who is not a Muslim, Christian, Parsi or Jew and who is not governed by any other law. practising it or by professing it is a Hindu.
What are the main source of Hindu law?
The primary and important source of Hindu law is Vedas. According to tradition the Vedas also called Shruti. Shruti means what is heard by the Sages (Rishis). The Vedas are the fountain-head of Hindu religion and law.
Who is Hindu in family law?
When one of the parents of a child is Hindu and he/she is brought up as a member of the Hindu family, he/she is a Hindu. If a child is born from a Hindu mother and a Muslim father and he/she is brought up as a Hindu then he/she can be considered as a Hindu.
What are the rules of Hinduism called?
The concept of Dharma includes Hindu law. In ancient texts of Hinduism, the concept of dharma incorporates the principles of law, order, harmony, and truth. It is explained as the necessary law of life and equated to satya (Sanskrit: सत्यं, truth), in hymn 1.4.