Schools of Hindu Law | Family Law

In this article we will discuss about various schools of Hindu Law in Family Law. Mitakshara School of Law, Dayabhaga School of Law, Smriti School of Law, Dharma Shastra School of Law, Vyavahara Mayukha School of Law.

School of Hindu law, also known as Dharmashastra, encompasses various schools of thought, each contributing to the broader understanding and interpretation of religious and legal principles within Hindu society. In the realm of family law, several schools have had significant influence:

Schools of Hindu Law | Family Law

1. Mitakshara School of Law: This school, named after its foundational text Mitakshara, is prevalent in most parts of India. It primarily deals with matters of inheritance and property rights within families. Mitakshara law recognizes both ancestral and self-acquired property, and it outlines rules governing succession, partition, and joint family arrangements.
2. Dayabhaga School of Law: Predominant in Bengal and Assam, the Dayabhaga school offers an alternative perspective on inheritance and family law. It emphasizes individual ownership rather than joint family ownership. Unlike Mitakshara, where ancestral property passes through coparcenary, Dayabhaga law emphasizes succession based on testamentary disposition or will.
3. Smriti School of Law: This school encompasses a broad range of texts and interpretations, drawing from various ancient scriptures and commentaries. Smriti texts provide guidance on social, moral, and legal aspects of Hindu life, including family matters such as marriage, divorce, adoption, and inheritance.
4. Dharma Shastra of Law: The Dharma Shastra tradition comprises a vast body of ancient legal texts and treatises. These texts provide guidelines for righteous conduct and cover a wide array of topics including family law, rituals, and societal norms. While not strictly a school in itself, Dharma Shastra texts have influenced the development of Hindu family law.
5. Vyavahara Mayukha of Law: Authored by Nilakantha, Vyavahara Mayukha is a significant text in the Mitakshara tradition. It addresses various legal matters, including family law, and provides commentary on the principles outlined in the Mitakshara.

These schools and texts collectively form the foundation of Hindu family law, providing guidance on matters ranging from marriage and inheritance to rituals and social conduct. Over time, interpretations and applications of these laws have evolved, reflecting changes in societal norms and legal practices.

Mitakshara School, Dayabhaga School, Smriti School, Dharma Shastra, Vyavahara Mayukha School of Law

Hindu law, also known as Dharmashastra, encompasses a rich and diverse array of schools and sub-schools that have evolved over centuries. These schools have been shaped by ancient texts, commentaries, and the interpretations of scholars across different regions of the Indian subcontinent. Here’s a detailed explanation of some of the prominent schools and their sub-schools:

1. Mitakshara School of Law:
   • Sub-schools: Within the Mitakshara tradition, there are regional variations and interpretations, such as the Banaras, Mithila, and Bombay schools.
   • Banaras School: Primarily followed in North India, especially in regions like Uttar Pradesh. It adheres closely to the principles outlined in the Mitakshara text and emphasizes joint family property and coparcenary rights.
   • Mithila School: Prevalent in the Mithila region of Bihar, this sub-school places greater emphasis on female inheritance rights compared to other Mitakshara schools. It also recognizes the concept of impartible property.
   • Bombay School: Influential in Western India, particularly Maharashtra and Gujarat. It incorporates both Mitakshara and Dayabhaga principles, allowing for flexibility in matters of inheritance and succession.
2. Dayabhaga School of Law:
   • Sub-schools: While not as regionally diverse as the Mitakshara, the Dayabhaga school has variations in interpretation.
   • Assam School: A variant of the Dayabhaga system primarily followed in Assam, where ancestral property is divided equally among all sons rather than following the rules of coparcenary.
   • Bengal School: Predominant in Bengal, this variant of Dayabhaga emphasizes individual ownership and succession based on testamentary disposition rather than coparcenary rights.
3. Smriti School of Law:
   • Sub-schools: The Smriti tradition encompasses a wide range of texts and interpretations, with no distinct sub-schools but rather varying interpretations across different regions and communities.
   • Grihya Sutras: These are texts that deal with household rituals and ceremonies, providing guidelines for various aspects of domestic life, including marriage, childbirth, and funeral rites.
   • Dharmasutras: Ancient texts that lay down principles of moral and legal conduct, covering a broad spectrum of topics including family law, inheritance, and social obligations.
   • Smriti Texts: These include later legal texts and commentaries that draw upon the Dharmasutras and other ancient scriptures, offering interpretations and guidance on matters of family law and societal norms.
4. Dharma Shastra of Law:
   • Sub-schools: Dharma Shastra texts have been influential across various schools of Hindu law, with no distinct sub-schools but differing interpretations based on commentaries and regional practices.
   • Manusmriti: One of the most well-known Dharma Shastra texts, Manusmriti lays down principles of righteous conduct and social order, including guidelines for family life, marriage, and inheritance.
   • Yajnavalkya Smriti: Another significant text, it provides guidance on legal matters, rituals, and ethical conduct, with specific sections devoted to family law and inheritance.

These schools and sub-schools collectively form the foundation of Hindu law, reflecting the diversity and complexity of legal and social norms within Hindu society. While each school has its own principles and interpretations, they are all united by a common aim: to uphold dharma, or righteous conduct, in matters of family, society, and individual behavior.