INTRODUCTION
The Dower is the financial gain that the wife is entitled to receive from her husband by virtue of marriage It is also called Mahar. It may be settled before marriage, at the time of marriage, or even after the marriage. The right of the wife to dower becomes complete on the consummation of marriage. In Islamic Law, Dower belongs absolutely to the wife. The amount of Dower may be increased after the marriage.
The Holy Quran says;
“And give unto the women (whom he marry) free gift of their marriage portion.” (Quran 4:4)
“So use them by permission of their folk and give unto them their portion in kindness.” (Quran 4:25)
DEFINITION OF DOWER
According to Mulla:
Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage.
According to Mohammedan Law Article 285:
Mahar or Dower is a sum of money or other property promised by the husband to be paid or delivered to the wife in consideration of the marriage and even when no dower is expressly fixed on mentioned at the marriage ceremony the law confers the right of dower upon the wife.
IMPORTANCE OF DOWER IN ISLAMIC LAW
Dower provides protection to the wife against the Arbitrary power of the husband to pronounce the divorce. In this way, the husband will think a lot before he decides to pronounce the divorce. It is also a mark of respect to the wife and a check on the power of the husband to divorce.
NO MARRIAGE WITHOUT PROPER DOWER:
Hazrat Ali (R.A) says;
“There can be no marriage without a dower.”
Quranic commandment shows that no marriage can take place without fixing the proper dower and if it is not fixed at the time of marriage, the husband is required to pay it according to his status as held by some of the jurists.
FINANCIAL GAIN:
It is a matter of fact that financial gain which the wife is entitled to receive from her husband by virtue of the marriage contract itself whether named or not in the contract of marriage.
EFFECT OF DOWER
It is not considered in the modern sense of the term but an obligation imposed by Law upon the husband as a mark of respect to the wife. Dower is proud protection for the wife against divorce. because a husband thinks twice before divorcing a wife when he knows that upon divorce the whole of the dower would be payable immediately.
CAPACITY TO MAKE A CONTRACT FOR DOWER
The parties who are of sound minds and have attained the age of puberty may enter into the contract of dower. However, a minor whether husband or wife can enter into a contract of dower or agent.
PERSONS WHO ARE ENTITLED TO MAKE CONTRACT
Following persons can make a contract of dower.
- The parties of the marriage
- Their agents
- Guardian
- Agent of guardian
SUBJECT OF DOWER
- A fixed sum of money
- Any thing in the category of property having, value
- Property must be in existing
- Not Prohibited
AMOUNT OF DOWER
There is no maximum limit of the amount of the dower but the amount can not be less than prescribed by the law.
FIXATION OF DOWER
Dower may be fixed before the marriage at the time of Marriage and after the marriage.
CONFIRMATION OF DOWER
The amount of Dower becomes confirm
- By consummation of marriage
- By a valid retirement khalwat-e-sahira
- By the death of either party ie husband or wife
LIABILITY TO PAY
- A husband is liable to pay the dower even before at after the dissolution of the marriage.
- In the case of a Guardian marriage, the guardian is liable to pay the dower.
DEED OF DOWER
The contract of dower may be made;
- Orally
- In writing
The contract of dower is known as Mehr-Nama.
KINDS OF DOWER
According to Muslim Law, there are two kinds of dower in Islam. These kinds are as follows.
1. SPECIFIED DOWER
An amount settled by the parties at the time of marriage or after is called a specified dower.
Classification of Specified Dower
Specified dower may be classified into the following.
Prompt Dower (Mu, ajjal): Prompt dower is payable on demand. It may be demanded before the consummation of the marriage, The wife may refuse to live unless he pays the prompt dower.
Deferred Dower (Mu, Wajjal): Deferred dower is payable on the dissolution of marriage either death or divorce.
2. UNSPECIFIED DOWER
Where dower has not been settled at the time of the marriage or after is called unspecified dower.
Classification of Unspecified Dower
An unspecified dower may be classified as a proper dower.
Proper Dower: Proper dower is fixed with reference to the social status of the wife and her own personal qualification.
Determination of Proper Dower: The following facts are taken into consideration while determining the amount of dower.
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- Local customs of the society
- Personal skills and qualifications of the wife
- Social position of the husband
- Social status of the father of the wife
- Amount of Dower fixed in case of wife’s sisters, paternal aunts, and other nearest relatives
REMEDIES IN CASE THE DOWER IS NOT PAID
In Case of Prompt Dower:
In the case of prompt dower, if it is unpaid, the wife can refuse to live with the husband and it is a complete defense in a suit for restitution of conjugal rights by the husband. The wife and if she dies, her legal heirs can file suit.
Time Period: Within three years from the date when the demand is made or From the date when the marriage was dissolved.
In the case of Deferred Dower:
Deferred dower becomes due on the dissolution of marriage either by death or divorce If it is unpaid the wife or if she dies her legal heirs can file suit.
Time Period: Such suit shall be filed within three years from the date of dissolution of the marriage.
QUESTION BEFORE THE COURT
In case of dower is specified or unspecified the question before the court is the time when payment has to be made.
AMOUNT OF DOWER
The amount of the dower may either be fixed or not if it is fixed, it cannot be a sum less than the minimum laid down by the law.
Hanafi Law: The minimum dower is ten Dirhams.
Malki Law: The minimum dower is three Dirhams.
Shafi Law: There is no fixed minimum dower.
Shia Law: There is no fixed minimum dower
Maximum Dower
Sunni Law: There is no fixed maximum dower.
Shia Law: If the dower is above five hundred dirhams then it is undesirable.
ADDITION OF DOWER
The husband may at any time after the marriage increase the dower event after relinquishment or during iddat. The remission of the dower by the wife is called Hiba-tul-Mahar.
UNLAWFUL PART OF SPECIFIED DOWER
The unlawful part of the specified dower cannot be recovered. Only the lawful part may be recovered.
REMISSION OF DOWER
A wife may remit the dower or any part thereof in favor of the husband or his heirs. Remission must be made with free consent.
CONCLUSION
It is concluded that the Dower is a sum of money or other property which the wife is entitled to receive from her husband. It becomes complete on the consummation of the marriage. There is no, limit on the minimum amount of dower The amount of dower can be increased after the marriage.
FAQs
What is the importance of the Dower in contract marriage? Whether a marriage conducted without fixing the Dower valid under Islamic Law?
(2019-S)
What remedies are available to a wife if Dower is not paid?
(2017-5)
Define Dower. What are its different kinds?
(2019-A)
Define Dower and its different kinds as provided under the Islamic Law.
(2017-A)
What is the significance of a Dower in a marriage contract? Discuss its different kinds.
(2016-A)
Kindly explain the importance of Dower in Islamic Personal Law by tracing out its different Kinds.
(2015-S)
What is dower? What are the classifications and kinds of Dower. Would it be appropriate to name it as ‘consideration’ of the marriage contract?
(2015-A)
Define and discuss dower, its importance and kinds.
(2014-S)
What do you understand by Dower? Explain its different kinds recognized by Islamic law?
(2013-A)
