Aug 30, 2017 hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law found in ancient and medieval era indian texts. Hindu joint family under mitakshara law the hindu joint family is a normal condition of the hindu society. There are mainly two causes to differentiate between several schools of hindu. Class notes on family lawhindu law 1 unit i 1st sem 3 year. Its origin can be traced to the ancient partriarchal system where the patriarch or the head of the family was the unquestioned. These pdf lecture notes will help you in preparing well for your semester exams and assist you in studying from ready made lecture notes. Hindu law is a personal law within the indian region. Before the hindu law was codified with the hindu succession act of 1956, the ancient schools of hindu laws are believed to be of two types the mitakshara school derived from the name of a commentary written by vijnaneswara, on the yajnavalkya smriti. Schools of hindu law came into being when different commentaries appeared to interpret smritis with reference to different local customs in vogue in different part of india. Schools of jurisprudence legal bites law and beyond. The hindu transfers and bequests city of madras act 1921. B introduction of the hindu law concept of dharma hindu law is a body of principles or rules called dharma. In this chapter, we will learn about the personal laws of hindu, muslims and the christain community. Difference between dayabhaga and mitakshara in hindu law.
As per the context of schools, hindu law is of two types. Jun 04, 2017 under pure hindu law, a gift cannot be made in favour of a person who was not in existence at the date of the gift. A source of law refers to the original materials where the contents of law are found. In india the majority of the muslims are of sunnis and hence it is presumed that the. Hindu law is based on tradition and analytical in nature. Personal law is defined as a law that applies to a certain class or group of people or a particular person, based on the religions, faith, and culture.
Labor law revision notes, book, ebook for llblaw students free pdf download. The city of koofa in iraq was then the capital khilafath. Hindu law is considered to be the most ancient and prolific law in the world. Schools of jurisprudence there are four main divisions in schools of jurisprudence, namely 1 the philosophical, 2 the analytical including the. The codified hindu law applies to all hindu equally whereas the uncodified hindu law the situation is different. According to the hindus, dharma includes not only what is known as law in the modern sense of the term but all rules of good and proper human conduct.
Vijnaneswaras commentary on yajnavalkya smriti is called mitakshara, which means measured in words. In a hindu undivided family governed by the mitakshara law, no individual member of that family can predicate that he has a definite share in the property of that family. Jan 06, 2014 sources of hindu law new sources principles of equity where there is no rule of hindu law and no proof of existence of customs, rules of justice, judicial decisions almost all the important points of hindu law are now available in law reports and journals. Muslim law had its origin in arabia, where the prophet mohammed started it and the mohammedan invaders in india brought the religion to india. It is essential so as to have the law, its explanation and its right interpretation. The term dayabhaga is derived from a similarly named text written by jimutavahana. The hindu law of inheritance amendment act, 1929 the hindu marriage disabilities removal act, 1946 the hindu married womens right to separate residence and maintenance act, 1946 the hindu widows remarriage act, 1856 the hindu womens rights to property extension to agricultural land act, 1943. The ancient schools of hindu laws are of two types. Hindu law explained nature, scope and sources of hindu law. Concept of crime crime denotes an unlawful act punishable by a state. The mitakshara written by vijnaneshwar in the latter part of the eleventh century is a very comprehensive commentary which deals with all titles of hindu law. But in as much as hindu law is a body of principles or rules recognised and allowed by the sovereign to govern the subjects and inasmuch as what a sovereign can alter can be taken to have been impliedly commanded by him, even hindu law can be said, in a qualified sense, to have been promulgated by the sovereign within the definition of austin. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. Nov 27, 2016 there are basically five schools of jurisprudence.
Founder of mitakshara school vijaneshwar said, sources are the means of knowing law. Moreover, the definition of hindu family is highly flexible. It is suggested to go through the class notes also. Equity, justice, and good conscience, precedent and legislation. Maintenance hindu, muslim, christian and parsi laws. We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts. A portion of hindu law has been codified by parliament in four actsi the hindu marriage act, 1955. Although the authority of mitakshara was accepted throughout india, yet the exact practice of law differed in different parts. Nov 21, 2012 development of islamic law introduction islam means submission to the will of god and establishment of peace. But in a secular point of view it is a manmade institution of control. This document deals with the schools of hindu law as per ancient hindu texts. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions. The evolution of the different schools of hindu law has been possible on account of the different commentaries that were written by various authorities. Due to the emergence of various commentaries on smiriti and sruti, different schools of thoughts.
The dayabhaga school or bengal school in bengal and assam the dayabagha school was established and in the entire of. Schools of hindu law hindu literature indian religions. It is a running commentary of the smriti written by yajnvalkya. Vijnaneshwar commentator on the yajnavalkya smriti and founder of mitakshara school has called it jnapak hetu i. Right of hindu wife to maintenance under hindu adoption and maintenance act. Hindu law is a body of principles or rules called dharma. Highlight the distinguishing factors of the major schools of thought in hindu law. With our online resources, you can find mulla principles of hindu law or just about any type of ebooks. Dayabhaga school vijnaneswaras commentary on yajnavalkya smriti is called mitakshara, which means measured in words. To remove this incapacity, this rule has been altered by 3 acts namely. Llb notes, ebooks free pdf download download free notes.
There are two main schools of muslim law the sunni and the shia. The philosophical or ethical school concerns itself chiefly with the relation of law to certain ideals which law is meant to achieve. So, hindu law should define who is a hindu, and upon whom the hindu law applies. It was said that, there is only one remote source among the various schools of hindu law, but due to different beliefs of digest and its commentaries several schools and sub schools of hindu law have developed. Sep 16, 2012 family law hindu law unit i revision study notes for ll. Sources of hindu law new sources principles of equity where there is no rule of hindu law and no proof of existence of customs, rules of justice, judicial decisions almost all the important points of hindu law are now available in law reports and journals.
The ancient schools of hindu laws are believed to be of two types and were in existence before the hindu law was codified with the hindu succession act of 1956. Sources and schools of hindu lawand muslim law free download as powerpoint presentation. Mitakshara is one of the most important schools of hindu law. But schools of hindu law arose as the people chose to adhere to one or the other school for different reasons. Its legal existence is only in the eyes of the taxation department. Vignaneshwara commentary on yagnavalkya smriti is called mitakshara, which means measured in words.
It is a running commentary on the smriti of yajnavalkya. The term, mitakshara is derived from the name of a commentary written by vijnaneswara, on the yajnavalkya smriti. Principle sources of indian law personal law topprguides. B family law hindu law unit i revision study notes for ll. Llb law third year notes, ebooks, handouts and study material semester 5. Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation. Class notes on family lawhindu law 1 unit i 1st sem. Classroom live lectures edited, enlarged and updated.
The three importance schools of law among shia are isna ashari, ismaili and zaidy. B introduction of the hindu law concept of dharma hindu law is a body of principles or rules called dharma according to hindu texts embraces everything in life. An analysis into how, the two schools of law look at the familial arrangement. Under pure hindu law, a gift cannot be made in favour of a person who was not in existence at the date of the gift. A critique hindu law has the oldest pedigree of any known system of jurisprudence, and even now it shows no sign of decrepitude. So the sources of dharma are the sources of hindu law. Different types of schools under hindu law a detailed distinction. This section contains llb law third or final 3rd year course subjects free pdf notes, projects and solved papers for easy access and downloads. Mulla principles of hindu law pdf mulla principles of hindu law pdf are you looking for ebook mulla principles of hindu law pdf. Different types of schools under hindu law a detailed. The schools of hindu law emerged from the commentaries and digests. These were in existence even prior to the codification of hindu law with the hindu succession act, 1956. This school is applicable in the whole part of india except in west bengal and assam.
Hi fellow law llb students, i am sharing brief and concise notes on the law third semester, second year subject hindu law. Dharma according to hindu texts embraces everything in life. Development of islamic law introduction islam means submission to the will of god and establishment of peace. All you want to know about sources and schools of hindu law. Before the advent of islam in arabia, the arabians were following various superstitions and continue reading class notes on family. Schools of jurisprudence law, university of kashmir. For a thorough knowledge on hindu law one must sit with these great masters. Under hindu law, the wife has an absolute right to claim maintenance from her husband. We will discuss these schools along with their leading jurists. Law pto page 2 syllabus 1 origin and development of muslim law. In india the majority of the muslims are of sunnis and hence it is presumed that the parties to a suit are sunnis unless proved otherwise. It is therefore important to understand these schools of thoughts and their distinguishing factors, as these will lead to a better appreciation of hindu law. Download the pdf from the orange download button below. But please, when you are capable, come back on this website or use links in the pdf and pay me any small amount that you can.
According to the learned author, wherever the laws of india admit operation of a personal law, the rights and obligations of a hindu are determined by hindu law, i. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era indian texts. There are four important schools of law among sunni. Sources and schools of hindu lawand muslim law vedas. Mar 27, 2018 hi fellow law llb students, i am sharing brief and concise notes on the law third semester, second year subject hindu law. You will be glad to know that right now mulla principles of hindu law pdf is available on our online library. These schools have also left major impacts on the development of the hindu law, as at present. While it is a high textual tradition, it incorporates divergent folk tradition.
Schools of hindu law concurrent estate common law scribd. It seeks to investigate the purpose for which a particular law has been enacted. Class notes on family lawhindu law 1 unit i 1st sem 3. Women have always been discriminated against and have suffered and are. Under hindu law, the law of property has a close relationship with the composition of family. The original source of hindu law was the same for all hindus. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law found in ancient and. Family laws hindu law, muslim laws, special marriage act. The application of uncodified hindu law depends upon the context of different schools.
Before the advent of islam in arabia, the arabians were following various superstitions and continue. The mitakshara ranks first and paianiomit ill tlie. The dayabhaga and the mitakshara are the two schools of lawthat govern the law of succession of the hindu undivided family under indian law. Dayabhaga school got its name from a leading smritis by name dayabhaga, written by. Doc sources and schools of hindu law sonali sardana. The hindu transfers and bequests act 1914, hindu disposition of property act 1916, and. According to the hindus, dharma includes not only what is known as law continue reading class notes on family lawhindu law 1 unit i 1st sem. It is the first and most popular school in muslim law. It may be the authority which issues rules of conduct which are recognized by courts as binding.
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