Hindu law and Mohammedan law notes

Hindu law and Mohammedan law notes

Hindu law and Mohammedan law notes

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Hindu law is the legal system that governs Hindus and is based on ancient religious texts and customs. It covers matters such as marriage, adoption, inheritance, and succession. Mohammedan law is the legal system that governs Muslims and is based on the Islamic Sharia law. It covers matters such as marriage, divorce, inheritance, and succession.

Hindu law is the traditional legal system of India based on ancient scriptures, customs, and social norms. It is a combination of civil, criminal, and religious laws that are derived from ancient Hindu texts such as the Manusmriti, Dharma Sastras, and Arthashastra. Hindu law is applicable to Hindus, Jains, Buddhists, and Sikhs, and is applicable in India and many other countries with sizable Hindu populations, such as Nepal and Sri Lanka. The governing principles of Hindu law include dharma (duty), karma (action), and moksha (liberation). Hindu law is divided into two categories: the Smritis, which are written rules, and the Shastras, which are unwritten customs. Hindu law is based on the concept of justice and equity, and recognizes the rights of individuals, families, and communities. It also includes laws related to marriage and inheritance, adoption, and succession.

Mohammedan law is the legal system of Muslim countries that is based upon Islamic law. It is based on the teachings of the Quran and the Sunnah (the practices of the Prophet Muhammad). Islamic law is a comprehensive legal system that covers both public and private law, as well as family law, criminal law, and international law. It contains rules and regulations for many aspects of life, including marriage, divorce, inheritance, contracts, and criminal law. It is based on the principles of justice, equity, and fairness, and its primary purpose is to ensure justice and peace in the society.

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Hindu law and Mohammedan law

Hindu law is an umbrella term for the legal system of traditional Hindu society, which is based on ancient religious texts such as the Manusmriti and the Vedas. Hindu law is divided into two broad categories, namely smriti (customary law) and dharmashastra (religious law). It is a complex code of laws that blend ancient religious principles with modern legal systems. Hindu law is based on the principle of justice, which is considered to be the fundamental basis of any legal system.

Hindu law is primarily concerned with the regulation of family matters such as marriage, inheritance, adoption, and guardianship. It also covers the rights and liabilities of individuals, the duties of rulers, and the regulation of religious matters. Hindu law is a dynamic and evolving legal system, which is constantly being amended and revised to keep up with changing times.

Mohammedan Law

Mohammedan law is the legal system of Islamic countries based on Islamic religious principles. It derives its authority from the Quran (the holy book of Islam) and the teachings of the Prophet Muhammad. Mohammedan law is divided into two main categories, namely fiqh (jurisprudence) and sharia (Islamic law).

Mohammedan law covers a wide range of topics, including family law, criminal law, and commercial law. It is based on the principles of justice, fairness, and equity, and is also concerned with the protection of fundamental human rights. Unlike Hindu law, Mohammedan law does not recognize the concept of caste or class and treats all individuals equally. It is a comprehensive system that covers all aspects of life, and is applicable to Muslims as well as non-Muslims.

Hindu law and Mohammedan law

Hindu Law

Hindu Law is the personal law of Hindus and covers matters such as marriage, inheritance, adoption, and other matters of personal law. It is based on the ancient scriptures of Hinduism, such as the Dharmashastra and Smritis. Hindu law is based on the four Vedas and the Smriti, or ancient legal texts. It is divided into two parts – mitakshara (jurisprudence) and dayabhaga (law of inheritance).

Hindu law is based on the principles of Dharma, which means ‘duty’ and refers to a set of moral and religious duties that are to be followed by all Hindus. It is based on the concept of karma (action) and recognizes the law of cause and effect. It emphasizes the importance of duty and justice, stating that all actions have consequences.

Mohammedan Law

Mohammedan Law is the personal law of Muslims, based on the Qur’an and the Hadith. It covers matters such as marriage, inheritance, adoption, and other matters of personal law. It is divided into two parts: Shari’a (jurisprudence) and Fiqh (law of inheritance).

Mohammedan Law is based on the five principles of faith, justice, mercy, equality, and self-preservation. It recognizes the importance of justice, fairness, and the rule of law. It emphasizes the importance of family and community, and encourages Muslims to be generous and kind to those in need. It also encourages Muslims to follow the teachings of the Prophet Mohammed and strive for excellence in all aspects of life.

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Hindu law and Mohammedan law

Hindu Law

Hindu law is the oldest legal system in the world which is still in existence. It is a complex and diverse body of laws that govern the Hindu community. It is based on ancient Hindu texts such as the Manu Smriti, Dharma Sastras, and other Hindu scriptures. Hindu law is largely based on customs and traditions which have been passed down through generations.

Hindu law is divided into two broad categories: religious law and civil law. Religious law is largely focused on personal matters such as marriage, inheritance, and adoption. Civil law, on the other hand, is more concerned with legal matters such as contracts, torts, and property rights.

The main principles of Hindu law are: Dharma (duty), Satya (truthfulness), Ahimsa (non-violence), and Shanti (peace). Hindu law is applied to the community as a whole, rather than to individuals. This means that it is based on the collective opinion of the community and is not necessarily based on the decisions of any particular court or judge.

Mohammedan Law

Mohammedan law is the legal system of the Islamic faith. It is based on the teachings of the Quran, the Hadith (the sayings of the Prophet Muhammad) and other Islamic sources. Mohammedan law is primarily concerned with the personal status of individuals and their relationship with God.

Unlike Hindu law, Mohammedan law is not divided into two broad categories. Instead, it is divided into two main branches: the Fiqh (law) and the Sharia (religious law). The Fiqh is more concerned with legal matters such as contracts, torts, and property rights. The Sharia, on the other hand, is more concerned with personal matters such as marriage, divorce, inheritance, and adoption.

The main principles of Mohammedan law are: justice, equality, mercy, and fairness. Like Hindu law, Mohammedan law is applied to the community as a whole, rather than to individuals. This means that it is based on the collective opinion of the community and is not necessarily based on the decisions of any particular court or judge.

Hindu Law:

Hindu law is the ancient law of India that governs the lives of Hindus, the majority of the population in India. Hindu law is based on the ancient religious texts known as the Vedas, which were composed between 1500 and 1000 BC. Hindu law covers all aspects of life, from marriage and family law to inheritance and property rights.

Mohammedan Law:

Mohammedan law is the law of the Islamic faith, which is based on the teachings of the Prophet Mohammed. Mohammedan law covers a wide range of topics, from marriage and family law to criminal law, taxation, and commerce. It is based on the Quran, the Hadith (the sayings of the Prophet Mohammed), and the Sunnah (the practices of the Prophet Mohammed). Mohammedan law is followed in many Muslim countries and is also recognized in some non-Muslim countries, such as India.

Hindu law and Mohammedan law Differents

Hindu Law and Mohammedan Law are two distinct systems of personal laws, which are applicable to persons professing the respective religions.

Hindu Law:

• It is based on ancient scriptures and customs.
• It applies to the Hindus, Buddhists, Jains and Sikhs.
• It is based on the concept of Dharma and the rights of a person are determined by the caste and social status.
• It is codified and mainly deals with rights regarding property, marriage, adoption, inheritance, etc.

Mohammedan Law:

• It is based on the Quran and Hadith.
• It applies to people who follow Islam.
• It is based on the concept of justice and the rights of a person are determined by their duties as prescribed by the Quran and Hadith.
• It is uncodified and mainly deals with marital and family law, inheritance, succession and religious endowments.

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