3.4 Hindu and Muslim Legal System

The Hindu law's anatomy (Unit 2.5's recap-and-deepening): the concept (the Dharma's law — the duty-centred (not right-centred) idiom); the sources (the śruti-smŗti-sadācāra-nyāya ladder); the schools (the Mitakshara-Dayabhaga division); the courts' historical craft (the classical (the king's-and-sabha's justice; the pandit-assisted adjudication) → the colonial Anglo-Hindu construction → the modern Indian-and-Nepali courts). The Muslim law's anatomy: the concept (the Shari'a — the Allah's path: the submission-centred law); the sources (the Quran-Sunna primary; the ijma-qiyas secondary); the schools (the Sunni four + the Shia line); the courts' historical craft (the qadi's classical adjudication → the Ottoman-and-colonial codifications → the modern states' spectrum (the Saudi-and-Iranian religious systems vs the Turkish secularism vs the mixed (the Pakistan-Egypt-and-others' personal-law systems))). The pair's comparison (the exam's table): The face Hindu law Muslim law The law's nature The Dharma (the duty-order's cosmic law) The Shari'a (the revealed path) The revelation's mode The Vedic intuition-and-tradition (the rishi's seeing) The prophetic revelation (the Prophet's transmission) The interpretive authority The pandit's-and-commentator's craft (the shastra's disciplines) The mufti's-and-jurist's craft (the fiqh's schools) The change's craft The smriti's evolution + the custom's accommodation The ijtihad's interpretive renewal (the gate's debates) The family's architecture The joint-family coparcenary (the Mitakshara) The individual inheritance (the sharika's absence) The modern position The codified reform (the Hindu Code; the Nepali 2074 recasting) The personal-law recognition (the codified-and-classical mixes)…