SCHOOLS UNDER THE HINDU AND MUSLIM LAW

Personal law is characterized as a law that extends, based on belief, faith, and culture, to
certain classes or persons. Everybody in India has its faith and belief and belongs to different
castes. Their decision is decided by the law. So, these rules are rendered by observing various
traditions practiced by the culture. The personal laws in India have different schools that have
different rules and regulations, code of conduct, and rituals to be followed by different people
belonging to that school.

HINDU LAW SCHOOLS

Definition of Hindu - Hindu means those who obey the laws of Hinduism and identify
themselves similarly with others as Hindu. Hindu laws: Hindu legislation applies to the
provisions of the statutes that set down Hindu law, duties, and responsibilities. This is Hindu
law.

Schools - School means Hindu law laws and values split into views. This is not codified and
merely opinion. There are two schools of Hindu Law-

(a) Mitakshara
(b) Dayabhaga

The number of schools is normally five. Yet the Mitakshara School and the Dayabhaga
School are just the two primary schools.aThe Dayabhaga is the dominant one in Bangladesh
and few areas of West Bengal while the Mitakshara prevails in India (except few provinces of
West Bengal) and in Pakistan. The Mitakshara is an earlier version of Dayabhaga and a later
update on Vijnaneswara 's code of Yajnabalkya.
The Dayabhaga is not a single code commentary, it is a digest of all codes. The Manu Code is
first of all issued. The school of Mitakshara is called the orthodox school and Dayabhaga is
more of a reformed and new one. The main difference between the two lies based on the Joint
family system and the law of inheritance.
There are sub-schools of the above mentioned two schools-

1. Mitakshara School :
(a) Benares School :
(i) Mitakshara (ii) Viramitrodaya (iii) Nirnayasindhu.
(b) Mithila School:
(i)Mitakshara. (ii)Vivada-Chintamani of vachaspati Misra. (iii)Vivada Ratnakara of
chandeswara.

(c) Maharashtra or Bombay School:

(i) Mitakshara. (ii) Vyavahara Mayukha of Nilkants. (iii) Viramitrodaya. (iv) Nirnayasindhu.

(d) Dravida or Madras School: (i) Mitakshara. (ii) Smriti Chandrika of Deva-nanda Bhatta.
(iii) Parasara-Madhava of Madhavacharya. (iv) Viramitrodaya. (v) Saraswati Vilasa.

(e) Punjab School:

(i) Mitakshara. (ii) Viramitrodaya. (iii) The Punjab customs, compiled in Riwaz-l-Am.

2. Dayabhaga School:
(i) Dayabhaga of jimutabahana.
(ii) Mitakshara of Vijnanes-wara.
(iii) Dayatattwa of Raghunan-dana.
(iv) Daya-Karma-Sangraha of Srikrishna.
(v) Viramitrodaya of Mitra Misa.

Mitakshara School
Under Mitakshara school property devolves in two ways (i) Survivor-ship (ii) Succession.
Rights in Joint family property rights are inherited by birth, and women usually have no
inheritance rights. The male members of the family are given the right to property by
survivorship as the legacy passes.

Dayabhaga School
The traditional family property rights are inherited, or obtained in the will, and in the absence
of a closed heir, the portion of a deceased male member goes to its widow by default rules
under this school. No living Hindu man has an heir under Dayabhaga; his death is followed
by succession. Not remembered or recognized is the survivor-ship.
 MUSLIM LAW SCHOOLS

Islamic law is based on the Quran and Prophet Mohammed's teachings. In all the
circumstances under which the clear order is issued, it is supported with confidence, but there
are many places not covered by these sources which have guided the great academics with
the help of schools decide themselves what should be done in this situation.
The people of Islam are split into two groups with differing opinions on certain facets of
Islam. The Islamic law schools are therefore broadly classified into two categories:
1) Sunni School
2) Shia School

SUNNI SCHOOLS
This sector contains four different schools under it.

a) HANAFI SCHOOL

The first and most famous Muslim law school is Hanafi School. This academy, formerly
known as Hanafi, was known as the Koofa Academy based on the name of the Iraqi town of
Koofa. The school was later renamed the Hanafi School based on Abu Hanafee's founder's
name.
Hanafi School was dependent on the customs and decisions of the Muslim community and
had not allowed its words and traditions to be written. The Hanafi School, therefore, codified
the tradition of the precedents in the Muslim world at that period.

b) MALIKI SCHOOL

The school is named after the Mufti of Madeena from Malik-bin-Anas. During the Khoofa
era, Imam Abu Haneephah and his disciples flourished with Hanafi Schools and were
considered the capital of Muslim Khalifah. He discovered approximately 8000 Prophet
traditions but only fulfilled about 2000. When Imam Abu Haneefa 's followers codified their
rule based on Ijma'a and Isthihsan.
According to the law, Fatwa challenged Khaleefa's sovereign authority, he faced hostility and
a lack of aid from Muslim governments. Therefore, this school in Maliki was not very
popular.
c) SHAFFIE SCHOOL

According to the school, Ijma'a was known to be the primary source of Muslim laws and
provided for the practices of the Islamic people and the Hanafi Academy adopted further
methods. The Quiyas or Analogy is the principal contribution of Shaffie School.
Imam Shaffie 's Al-Risala is the only authoritative book of Islamic law. The name of Shaffie
School is Muhammad bin Idris Shaffie, from 767 AD until AD 820. He was Imam Malik's
classmate in Madeena. He then started to serve with Imam Abu Haneefa 's followers and
went to Khoofa.

d) HANBALI SCHOOL

The founder of the Hanbali School is Ahmad bin Hanbal. In 241 (855 AD) he found the
Hanbali school. He is Imam Shaffie's disciple, supporting Hadis. The Ijtihad practices he
seriously criticized. He proposed the idea of Sunna's and Hadis' origins and tried to get all his
queries answered. His theory was to come back to the Prophet's Sunnah.

SHIA SCHOOLS
Three law schools exist, according to the Shia Sector. In the Muslim world, Shia Sect is seen
as a minority. They only have political power in Iran, even have no majority there.

a) ITHNA-ASHARIS

Such organizations are based on the Ithna-Ashari legislation. Their adherents are found
mostly in Iraq and Iran. There is also a plurality of Shia Muslims in India who follow the
Ithna-Asharis School values. They are regarded as political squeakers. This school is known
as Shia Muslims' most influential school.

b) THE ISMAILIS SCHOOL

According to Ismailis school, in India there are two groups, the Khojas or Western Ismailis
represents the followers of the present Aga Khan, who they considered as the 49th Imam in
this line of Prophet, and the Bohoras i.e. the Western Ismailis are divided into Daudis and
Sulaymanis.
c) ZAIDY
The school's supporters are not located in India but are as many in South Arabia as possible.
This church. This religion. The Shia school is among the most prominent in Yemen. The
school supporters are regarded as political activism. Sometimes they oppose the ideology of
the 12 Shia schools.

CONCLUSION
The Hindu and Muslim religions were divided into different thought process and for
preaching those thoughts they had to divide the different schools to reach people for the
practices followed. The various schools help the set traditions to grow and this can not be
assumed if one school is better placed than the other schools, and while there are multiple
schools of personal law, they all lead in one direction. The teachings of these schools can
then be contrasted with various paths, all of which contribute to the same end.

REFERENCES
 Mohammedan Law | Schools of Muslim Law: Hanafi and Hanbali School, Toppr-
guides (2020),
https://www.toppr.com/guides/legal-aptitude/family-law-I/mohammedan-law-
schools-of-muslim-law/ (last visited May 26, 2020).
 https://shodhganga.inflibnet.ac.in/bitstream/10603/189726/6/chapter%202.pdf (last
visited May 26, 2020).
 Schools of Hindu law, Srdlawnotes.com (2020),
https://www.srdlawnotes.com/2017/08/schools-of-hindu-law.html (last visited May
26, 2020).
 Diganth Sehgal, Schools of Muslim Law - iPleaders iPleaders (2020),
https://blog.ipleaders.in/schools-of-muslim-law/ (last visited May 26, 2020).