Chapter

Property, Family, and Women

Ashutosh Dayal Mathur

in Medieval Hindu Law

Published in print February 2007 | ISBN: 9780195685589
Published online October 2012 | e-ISBN: 9780199081578 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195685589.003.0003
Property, Family, and Women

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One significant idea behind the evolution of family in human society is that of providing security to members. The family structure envisaged in dharma śāstra is an extended joint family. Since it is a patriarchal society, property rights of male descendants get supremacy, but constant efforts are made to provide for women as mothers, daughters-in- law, widows of deceased male members, daughters and even as unwed, and illegitimate keeps. This period saw the rise of the two rival schools of the law of inheritance namely the Mitāḳsarā school and the Dāyabhāga school. The fundamental difference between the two schools is with regard to the principle on the basis of which the right to inheritance is to be determined.

Keywords: family evolution; dharma śāstra; extended joint family; patriarchal society; property rights; inheritance; Dāyabhāga; Mitāḳsarā

Chapter.  19522 words. 

Subjects: History of Law

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