Fixation of Excessive Dower

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Fixation of Excessive Dower, Causes of Divorce and Its Effects: A

study in Chittagong district

Abstract
Under both Sharia law and statutory law a Muslim wife’s exclusive right on her dower has been
protected. Under Islamic law the rule of fixing dower is according to religious norms. But at
present time, in Bangladesh it has become a practice to fix the dower amount excessively. This
practice sometimes creates a burden for some husband whose ability to pay his wife’s excessive
dower amount is not in sync with his income. Moreover, now the Muslim wives on slight hassle
with their husband demand their dower as a right, elsewhere the husbands too easily divorce
their wife no matter whether they are capable to pay off the dower amount or not after divorce.
Both husband and wife forget that there are many other good ways to end this bitter hassle and
restore their relationship into a peaceful family. This research paper analyses if in Chittagong
district dower is fixed excessively and whether this excessive dower leads to divorce. Of course,
dower plays a vital role during hardships of a Muslim wife but it can never be taken as an illegal
advantage. This research paper also suggests the lawmakers to enforce an act related with
standard of fixing dower.

1.Introduction
Dower or Mahr is a woman’s personal right in Islam and it imposes an obligation upon a
husband as a mark of respect and love for his wife. The amount of dower may be fixed either
before or at the time of marriage. It may even be fixed after the marriage. There is no law
respecting the fixed amount of dower in the Shariah. The amount of dower which is fixed in
practice, in Bangladesh, is according to the socio-economic condition of the husband, on the
basis of the custom followed in fixing amount of dower for the women in their marriage in the
family of the wife and the status, age, intellect, beauty, virtue and qualifications of the wife. So,
there is no standard for fixing dower. It varies from class to class in our society. Nevertheless,
the amount of dower should not be excessive and unreasonable as to create a burden upon the
husband and increasing chaos between the husband and wife. According to a renowned Senior
Assistant Judge of Chittagong Family Court, fixation of excessive dower acts as an influencer for
an increased rate in divorce, especially in Chittagong. In the introduction part, my center of
attention would be locating the statement of the problem of excessive dower, the principle
research question of the project and objective of the study respectively.

1
1.1. Statement of the Problem

Excessive dower is not desirable for a man whose socio-economic condition is deplorable.
According to an analysis of several cases of a Chittagong Family Court, 95% of the suits in that
court are regarding dower and maintenance. Over and above, most of the suits for recovery of
dower are filed by the wife whose husband and family belong to lower socio-economic group.
Whereas, in most cases (around 80%), the husband and wife have already dissolved their
marriage contract. There are many reasons for dissolution of the marriage and one of the reasons
is the demand of excessive dower in the Kabin-nama beyond the capacity of the husband. A
custom of fixing excessive dower and subsequent inability of the husband to pay the dower
amount leads to divorce between the husband and wife. This not only affects the husband and
wife but also the child/children they have. It tends to make the future of the child/children harsh
that is/are raised by single parent. In some cases, the welfare of both husband and wife and their
child/children are ensured. This study aims to outline the factors which are responsible for the
existence of excessive dower in Chittagong and attempts to discover a standard amount of dower
which may be followed in an Islamic marriage. As, there is no standard amount fixed for dower
in both Shariah law and statutory law of our country, the problem regarding fixing a just amount
of dower, which would bring welfare for both husband and wife, is still a difficulty which needs
to be unraveled.
1.2. Research Questions

The research is being conducted to find out the answer of the following question:

 How is excessive dower system impacting our society?


 Does excessive dower leads to divorce?

1.3. Objective of the Study

The aim of the study is to find a practical solution for eradication of practice of imposing
excessive dower upon the husband. With this aim in view, the study will be conducted to
discover the root problem of the practice of fixing dower amount beyond the husband’s ability,
to find out how the practice of fixing excessive dower acts as an influencer in the dissolution of
marriage and the disruption of a family. The study will set forth the harm that is caused to the
child/children in consequence of the disruption of the marriage between the husband and wife.
Besides, the amount of dower that is prevailing between different classes of family in our society
shall also be figured out. Overall, the study shall be aims to suggest a standard in fixing the
amount of Mahr, which could get the status of a statutory law having coherence with Islamic
law.

2
1.4. Research Methodology
For this study, sample survey of quantitative analysis and in-depth interview of qualitative
analysis were conducted at Chittagong Family Court (1 and 2) and City Corporation respectively.
Through sample survey and in-depth interview data were collected in 2 phases. 1st phase was
conducted in 18th November 2020 and 2nd phase was conducted in 29th, 30th November and 6th
December 2020. Sample survey was conducted by Questionnaires in Bengali on 56 respondents
among those 14 were male and rest 32 were female. In-depth Interview was conducted in
Bengali on 2 respondents among them 1 is male and the other is female. While collecting data
maximum respondents of the family court were supportive but few of them hesitated to provide
data fearing of data leakage and legal problems. Moreover, some of them got irritated because of
the long questionnaire and some said they won’t get any benefit from this research and added
that law are only made and rarely applied for justice.

2. Literature Review
The objective of the literature review on the study of excessive dower and its impact on
Chittagong area is to find out if there is any viewpoint under any statutory law and existing
published research articles on the presence of the custom of imposing excessive dower upon the
husband and its impact on the husband and wife. The law on dower under section 10 of “ The
Muslim Family Laws Ordinance, 1961” direct that, if the mode of payment of dower is not
specified in the marriage contract then the entire amount of dower shall be prescribed to be
payable on demand. Clause 18 of the Kabinnama framed under the provisions of the “The
Muslim Marriages and Divorces (Registration) Act, 1974 provides that if the husband
delegates his power to divorce to his wife with or without certain condition then the wife can
dissolve their marriage without intervention of any court. One of such condition may be the non-
payment of dower. Under section 2 of “The Dissolution of Muslim Marriages Act, 1939” the
wife is entitled to obtain a decree for dissolution of marriage under certain circumstances and the
act has confirmed under section 5 that nothing contained in that act shall affect the dower right of
any Muslim married woman on the dissolution of her marriage.
Besides in Syed Khalid Rashid’s Muslim Law1 and Mulla’s Principles of Mahomedan Law2 it
has been said that:
“Even where the wife stipulates that she will not demand any dower, she remains entitled to it
and the rule of estopple will not apply to her.”
Hence, if we overview the above laws on dower we can synthesis that a Muslim married woman
by any means is entitled to dower unless she waives it with free consent and in sound mind.
Therefore, no matter how much the dower amount is, the Muslim wife is entitled to receive it.

1
Rashid, Syed Khalid, Muslim Law,5th Edition, Eastern Book Company, Lucknow (2009)
2
Hidaytullah, M. and Hidaytulla, Arshad, Mulla’s Principles of Mahomedan Law,19 Edition, LexisNexis (1990)

3
But according to a research article named “The Practice of Dower and Dowry in Muslim
Marriage in Bangladesh: A Legal Analysis”3 conducted by Nahid Ferdousi, it has brought out
the general practice of not ensuring the exclusive right of dower of a married Muslim woman.
The researcher has tried to uphold the protection of Muslim married women's right on their
dower and also gave remark on ensuring it. Moreover, there are many other scholarly research
articles which have conducted studies on protection of the dower right of a Muslim wife. Under a
thesis paper namely “A Critical Analysis of Dower (Mahr) in Theory and Practice in British
India Through Court Records from 1800-1939” 4 by Sunil Tirkey, he has tried to uphold that the
inflated dower fixed by the colonial judges, as mode of protecting the lot of a Muslim wife, is not
the best solution to restrict the arbitrary power of husband to divorce the wife and it is oppressive
on the husband. Moreover, the inflated dower doesn’t guarantee the husband’s love and affection
for his wife. By citing the saying of one of the Indian judges namely Krishna Iyer, Sunil Tirkey
pointed out that dower focuses on marital happiness and is an incident of conjugal joy; divorce is
farthest from the thought of the bride and bridegroom when mahr is promised and dower cannot
be a payment for divorce which is too distant and unpleasant for the bride and bridegroom to
envision on the marital bed. Consequently, by critically analyzing the above mentioned laws and
research papers it can rightly be opined that through many decades, many statutory laws
nationally and internationally along with Islamic Law on dower have tried to promote and
protect the exclusive right of dower of a Muslim married woman. But not every statute has been
able to establish a standard for settling dower amount among various classes of the society nor
there has been any exclusive research so far as to the impact of fixing excessive dower based on
custom in Bangladesh.
Among Sunnis in Bangladesh there is no fixed maximum amount of dower. Fyzee cites an
example based on his personal knowledge of a dower amount of Rs. 2,20,00,000. 5 Among some
of the sections of Shias, there is a tendency not to stipulate for a sum higher than the minimum
fixed by the Prophet for his favourite daughter Fatima, the wife of Ali, namely 500 dirhams
(current market value 1,20,000tk). Hence, as the question on impact of excessive dower in
Bangladesh so at Chittagong area is yet to be unearthed, my research shall be on why there exists
the custom of imposing excessive dower in Chittagong and what are the consequences of
excessive dower in our society and between the husband and wife.

3
Nahid Ferdousi, ‘The Practice of Dower and Dowry in Muslim Marriage in Bangladesh: A Legal
Analysis’ResearchGate, 31 December 2019.
4
Sunil Tirkey (2020) A Critical Analysis of Dower (Mahr) in Theory and Practice in British India Through Court
Records from 1800-1939, Unpublished PhD thesis.
5
Supra, n. 1 at p. 93

4
Quantitative Analysis
Quantitative data is defined as the value of data in the form of counts or numbers where each
data set has a unique numerical value associated with it. This data is any quantifiable information
that can be used for mathematical calculations and statistical analysis, such that real-life
decisions can be made based on these mathematical derivations. As quantitative data is in the
form of numbers, mathematical and statistical analysis of these numbers can lead to establishing
some conclusive results. Although there are many other methods to collect quantitative data
probability sampling, interviews, questionnaire observation, and document review are the most
common and widely used methods either offline or for online data collection.

Findings of the Survey


Gender of the total Respondents

Cumulative
Frequency Percent Valid Percent Percent
Valid Male 14 25.0 25.0 25.0

Female 42 75.0 75.0 100.0


Total 56 100.0 100.0

Marital status of the total Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Married 19 33.9 33.9 33.9
Divorced 37 66.1 66.1 100.0
Total 56 100.0 100.0

It is observed from the above table that among 56 respondents, 25% is male and rest 75% is
female. Whereas, out of 56 respondents', 37 respondents are divorced and the rest 19 are married.
Gender of the respondents
Cumulative
Frequency Percent Valid Percent Percent 5
Valid Male 7 36.8 36.8 36.8
Female 12 63.2 63.2 100.0
Total 19 100.0 100.0
In the above table,
among 19 Beneath shows the Birthplace, District, Profession, married
Educational Qualification of the 7 Married Male Respondents
and their spouses and Opinion on ability to pay full dower
amount at the time of marriage, Yearly Savings, Dower
Amount Fixed at the Time of Marriage, Opinion on Dower
Amount Affordable at the Time of Marriage respectively of the
7 Married Male Respondents:

Birthplace of the 7 Married Male Respondents


Cumulative
Birthplace Frequency Percent Valid Percent Percent
Valid Rural 5 71.4 71.4 71.4
Urban 2 28.6 28.6 100.0
Total 7 100.0 100.0
respondents’ 7 are male and rest 12 are female.

6
It is observed from the above table that out of 7 male respondents’ birthplace of 5 respondents is
in the rural area and the rest 2 is in the urban area.

Birthplace of the spouses of 7 Married Male Respondents


Cumulative
Birthplace Frequency Percent Valid Percent Percent
Valid Rural 2 28.6 28.6 28.6
Urban 5 71.4 71.4 100.0
Total 7 100.0 100.0

It is observed from the above table that out of 7 spouses of 7 married male respondents’
birthplace of 5 spouses is in the rural area and the rest 2 is in the urban area.

District of the respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 5 71.4 71.4 71.4
Out of Chattogram 2 28.6 28.6 100.0
Total 7 100.0 100.0

It is observed from the above table that out of 7 male respondents’ district of the 5 respondents is
in Chattogram and the rest 2 is out of Chattogram.

District of the spouses


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 5 71.4 71.4 71.4
Out of Chattogram 2 28.6 28.6 100.0
Total 7 100.0 100.0

It is observed from the above table that out of 7 spouses of the 7 married male respondents’
district of 5 spouses is in Chattogram and the rest 2 is out of Chattogram.

Profession of the respondents at the time of marriage


Cumulative
Frequency Percent Valid Percent Percent

7
Valid Govt. Job 2 28.6 28.6 28.6
Pvt. Job 2 28.6 28.6 57.1
Medium Business 1 14.3 14.3 71.4
Day Labourer 1 14.3 14.3 85.7
Unemployed 1 14.3 14.3 100.0
Total 7 100.0 100.0

It is observed from the above table that out of 7 married male respondents’, 2, 2, 1, 1, and 1
respondents’ profession at the time of marriage was Govt. job, Pvt. Job, Medium Business, Day
Labourer , and Unemployed respectively.

Profession of the spouses at the time of marriage


Cumulative
Profession Frequency Percent Valid Percent Percent
Valid Govt. Job 1 14.3 14.3 14.3
Unemployed 6 85.7 85.7 100.0
Total 7 100.0 100.0
It is observed from the above table that out of 7 spouses of the 7 married male respondents’ 1
spouse’s
Educational Qualification of the 7 Married Male Respondents at the
time of marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 1 14.3 14.3 14.3
Honours 3 42.9 42.9 57.1
Masters 2 28.6 28.6 85.7
Higher Studies 1 14.3 14.3 100.0
Total 7 100.0 100.0
profession at the time of marriage was Govt. job and the rest 6 spouses was unemployed.

8
It is observed from the above table that out of 7 married male respondents’, 1, 3, 2, and 1
respondents’ educational qualification at the time of marriage was Primary, Honours, Masters,
and Higher Studies respectively.

Spouses Educational Qualification of the 7 Married Male Respondents


at the time of Marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 1 14.3 14.3 14.3
Higher Secondary 1 14.3 14.3 28.6
Honours 4 57.1 57.1 85.7
Higher Studies 1 14.3 14.3 100.0
Total 7 100.0 100.0

It is observed from the above table that out of 7 spouses of the 7 married male respondents’, 1, 1,
4, and 1 spouses’ educational qualification at the time of marriage was Primary, Higher
Secondary, Honours, and Higher Studies respectively.

Opinion of the 7 Married Male Respondents on ability to pay


full dower amount at the time of marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 1 14.3 14.3 14.3
No 6 85.7 85.7 100.0
Total 7 100.0 100.0

It is observed from the above table that out of 7 married male respondents’ 1 respondent said yes
and the rest 6 said No in response to their opinion on the ability to pay full dower amount at the
time of marriage.

Yearly Savings, Dower Amount Fixed at the Time of Marriage, Amount of dower unpaid,
Opinion on Dower Amount Affordable at the Time of Marriage respectively of the 7
Married Male Respondents:

9
Opinion on
Dower amount amount of dower
fixed at the time Amount of affordable at the
Yearly Savings of marriage dower unpaid time of marriage
N Valid 7 7 7 6
Missing 0 0 0 1
Mean 101142.8571 828571.43 645714.29 375333.33
Median 60000.0000 1000000.00 500000.00 375000.00
Minimum 24000.00 50000 0 2000
Maximum 300000.00 2000000 1700000 700000

It is observed from the above table that the median of yearly savings, dower fixed at the time of
marriage and amount of dower unpaid of the 7 male respondents are 60000tk, 1000000tk and
500000tk respectively. Whereas, based on the opinion of the 6 male respondents, the median of
the dower amount that they could afford at the time of marriage is 375000tk.

Beneath shows the Knowledge, Attitude, and Practice of dower, Fixation of excessive
dower, and Consequence of excessive dower of the 7 married male respondents:

(Here in the Median of the table, Value 1=Highly Disagree, Value 2=Disagree, Value
3=Neutral, Value 4=Agree, Value 5=Highly Agree)

Knowledge of the 7 married male respondents

10
I am
aware of
the
I have statutory My groom
I went My opinion enough law on empowered
through was I have knowledge dower me to give
nikanamma appreciated enough about the and divorce as Dower is
during during the knowledg procedure marriage per 18th the right
marriage fixation of e about of fixing of our column of of the
registration dower dower dower country kabinnama women
N Valid 7 7 7 7 7 7 7
Missing 0 0 0 0 0 0 0
Mean 3.43 3.86 3.71 3.57 2.71 3.00 4.43
Median 4.00 4.00 4.00 4.00 3.00 3.00 5.00
Minimum 1 2 2 2 1 2 3
Maximum 5 5 5 5 4 5 5

From the above median it is clear that the 7 respondents “Agree” that they went through
nikanamma during marriage registration, their opinion were appreciated during the fixation of
dower, they have enough knowledge about dower, they have enough knowledge about the
procedure of fixing dower. However they are “Neutral” on their awareness of the statutory law
on dower and marriage of our country and they empowered their wives to give divorce as per
18th column of kabinnama. They “Highly Agree” that dower is the right of the women.

Attitude of the 7 married male respondents

11
Dower Employed Giving more
should women do dower to Dower Dower
Excessive be fixed not need employed Dower Dower is amount amount Dower Dower
dower as per dower women Women should works paid as a should should be amount amount
keeps the amount as means be paid dower as a token of be paid paid after should should
marital ability a means of making amount before restraint respect after the death be paid not be
relationship of the wedding women over consummation of to the marriag of after paid at
stable partner security empowered of marriage divorce women e husband divorce all
N Valid 7 7 7 7 7 6 6 7 6 6 6
Missing 0 0 0 0 0 1 1 0 1 1 1
Mean 2.00 4.14 1.71 1.43 4.14 2.83 4.33 3.29 2.50 2.67 1.33
Median 2.00 4.00 1.00 1.00 5.00 3.00 4.50 4.00 2.00 2.00 1.00
Minimum 1 3 1 1 2 2 3 2 1 2 1
Maximum 3 5 4 3 5 3 5 5 4 4 3

From the above median it is clear that, Out of 7 respondents’ 6 “Disagreed” that dower amount
should be paid after the death of husband, dower amount should be paid after divorce. Whereas,
6 respondents “Highly Disagreed” that dower amount should not be paid at all. On the other
hand, 7 respondents “Highly Agreed” that women should be paid dower amount before
consummation of marriage, these 7 respondents “Highly Disagreed” that employed women do
not need dower amount as a means of wedding security, giving more dower to employed women
means making women over empowered. They “Agreed” that dower should be fixed as per the
ability of the partner and “Disagreed” that excessive dower keeps marital relationship stable.

12
Practice of the 7 married male respondents
There is
no In our My dower
Dower Dower Dower specific society amount was
was fixed was fixed was fixed law to fix dower is high in
as per as per as per dower in fixed consideration
religious social family our excessively of ability of
norms status heritage country high the partner
N Valid 7 7 6 6 7 7
Missing 0 0 1 1 0 0
Mean 3.57 4.00 4.33 3.17 4.14 2.71
Median 4.00 4.00 4.50 3.00 4.00 3.00
Minimum 1 3 3 3 3 1
Maximum 4 5 5 4 5 5

From the above median it is evident that, 7 respondents “Agreed” that dower was fixed as per
religious norms, dower was fixed as per social status, in our society dower is fixed excessively
high. However these 7 respondents are “Neutral” on the statement that their dower amount was
high in consideration of ability of the partner. 6 respondents are “Neutral” on the statement that
there is no specific law to fix dower in our country. 6 respondents almost “Highly Agreed” that
dower was fixed as per family heritage.

13
Fixation of Excessive Dower of the 7 married
male respondents
Dower amount
was fixed Dower amount
without was fixed with
considering the the consensus Dower amount
ability of the of bride and was not paid
partner groom fully
N Valid 7 6 6
Missing 0 1 1
Mean 2.86 2.83 3.67
Median 3.00 3.00 4.00
Minimum 1 1 2
Maximum 5 4 4

From the above median it is clear that, 7 respondents are “Neutral” that dower amount was fixed
without considering the ability of the partner, whereas, 6 respondents are “Neutral” that dower
amount was fixed with the consensus of bride and groom and these 6 respondents “Agreed” that
dower amount was not paid fully.

14
Consequence of excessive Dower of the 7 married male
respondents
Dower amount Dower amount Excessive Excessive
was not paid was not paid dower amount dower amount Excessive
due to financial due to partner’s has effect on has effect on dower amount
insolvency unwillingness mental health happy family life leads to divorce
N Valid 5 6 7 7 7
Missing 2 1 0 0 0
Mean 4.00 2.67 3.14 3.86 3.71
Median 4.00 2.00 3.00 4.00 4.00
Minimum 3 1 1 3 2
Maximum 5 5 4 4 5

From the above median it is clear that, 7 respondents “Agreed” that excessive dower amount has
effect on happy family life, excessive dower amount leads to divorce. These respondents are
“Neutral” that excessive dower amount has effect on mental health. Out of 7 respondents 6
“Disagreed” that dower amount was not paid due to partner’s unwillingness and 5 respondents
“Agreed” that dower amount was not paid due to financial insolvency.

15
Beneath shows the Birthplace, District, Profession, Educational Qualification of the 7
Married Male Respondents and their spouses and Opinion on ability to pay full dower
amount at the time of marriage, Yearly Savings, Dower Amount Fixed at the Time of
Marriage, Opinion on Dower Amount Affordable at the Time of Marriage respectively of
the 12 Married Female Respondents:

District of the 12 Married Female Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 8 66.7 66.7 66.7
Out of Chattogram 4 33.3 33.3 100.0
Total 12 100.0 100.0

It is observed from the above table that out of 12 respondents’ 8 is from Chattogram district and
the rest 4 is from out of Chattogram district.

District of the Spouses of the 12 Married Female Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 7 58.3 58.3 58.3
Out of Chattogram 5 41.7 41.7 100.0
Total 12 100.0 100.0

It is observed from the above table that 7 spouses are from Chattogram district and the rest 5 are
from out of Chattogram district

Birthplace of the12 Married Female Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 3 25.0 25.0 25.0
Urban 9 75.0 75.0 100.0
Total 12 100.0 100.0

It is observed from the above table that out of 12 respondents’ the birthplace of 3 respondents is
in rural area and the rest 9’s is in urban area.

16
Birthplace of Spouses of the12 Married Female Respondents
Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 8 66.7 66.7 66.7
Urban 4 33.3 33.3 100.0
Total 12 100.0 100.0

It is observed from the above table that the birthplace of 8 spouses’ is in rural area and the rest
4’s is in urban area.

Profession of the 12 Married Female Respondents at the time of


Marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Pvt. Job 3 25.0 25.0 25.0
Unemployed 8 66.7 66.7 91.7
Overseas 1 8.3 8.3 100.0
Total 12 100.0 100.0

It is observed from the above table that out of 12 respondents’ the profession of 3, 8, and 1
respondents’ was Pvt. Job, Unemployed, and Overseas respectively.

Profession of the Spouses of the 12 Married Female Respondents


at the time of Marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Govt. Job 1 8.3 8.3 8.3
Pvt. Job 9 75.0 75.0 83.3
Unemployed 2 16.7 16.7 100.0
Total 12 100.0 100.0

It is observed from the above table that the profession of 1, 9, and 2 respondents’ was Govt. job,
Pvt. Job, and Unemployed respectively.

17
Educational Qualification of the 12 Married Female Respondents at the
time of Marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Secondary 2 16.7 16.7 16.7
Higher Secondary 2 16.7 16.7 33.3
Honours 6 50.0 50.0 83.3
Masters 2 16.7 16.7 100.0
Total 12 100.0 100.0

It is observed from the above table that out of 12 respondents’ the education qualification of 2, 2,
6, and 2 respondents’ is Secondary, Higher Secondary, Honours, and Masters respectively.

12 Married Female Respondents’ Spouses Educational Qualification


at the time of Marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 2 16.7 16.7 16.7
Honours 3 25.0 25.0 41.7
Masters 6 50.0 50.0 91.7
Higher Studies 1 8.3 8.3 100.0
Total 12 100.0 100.0

It is observed from the above table that the educational qualification of 2,3,6,and 1 spouse's is
Primary, Honours, Masters, and Higher Studies respectively.

18
Opinion on ability to pay full dower amount at the time of
marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 7 58.3 58.3 58.3
No 5 41.7 41.7 100.0
Total 12 100.0 100.0

It is observed from the above table that out of 12 respondents’ 7 said yes and the rest 5 said no in
answer to the statement “Opinion on ability to pay full dower amount at the time of marriage”.

Yearly Savings, Dower Amount Fixed at the Time of Marriage, Amount


of dower unpaid, Opinion on Dower Amount Affordable at the Time of
Marriage respectively of the 12 Married Female Respondents:

Yearly Savings Opinion on


of the Husbands Dower amount amount of dower
of 12 female fixed at the time Amount of affordable at the
Respondents of marriage dower unpaid time of marriage
N Valid 12 12 12 7
Missing 0 0 0 5
Mean 291000.0000 770833.33 515833.33 814285.71
Median 150000.0000 750000.00 580000.00 600000.00
Minimum .00 200000 0 500000
Maximum 1740000.00 2000000 1000000 2000000

It is observed from the above table that the median of yearly savings of the husbands of 12
married female respondents, dower fixed at the time of marriage and amount of dower unpaid of
the 12 female respondents are 150000tk, 750000tk and 580000tk respectively. Whereas, based
on the opinion of the 7 female respondents, the median of the dower amount that their husbands
could afford at the time of marriage is 600000tk.

19
Beneath shows the knowledge, attitude and practice of dower of the 12 married female
respondents:

(Here in the Median of the table, Value 1=Highly Disagree, Value 2=Disagree, Value
3=Neutral, Value 4=Agree, Value 5=Highly Agree)

Knowledge of the 12 married female respondents


I am
aware of
the
statutory My groom
I went My opinion I have law on empowered
through was I have enough dower me to give
nikanamma appreciate enough knowledge and divorce as
during d during knowledge about the marriage per 18th Dower is
marriage the fixation about procedure of of our column of the right of
registration of dower dower fixing dower country kabinnama the women
N Valid 12 12 12 11 12 12 12
Missing 0 0 0 1 0 0 0
Mean 3.58 3.25 4.25 4.00 3.25 3.83 4.92
Median 4.00 3.50 4.50 5.00 3.50 4.50 5.00
Minimum 1 1 3 1 1 1 4
Maximum 5 5 5 5 5 5 5

From the above median it is clear that 12 respondents “Agreed” that they went through
nikanamma during marriage registration and almost “Agreed” that their opinion were
appreciated during the fixation of dower, they are aware of the statutory law on dower and
marriage of our country. 12 respondents almost “Highly Agreed” that they have enough
knowledge about dower, their groom empowered them to give divorce as per 18th column of
kabinnama. 12 respondents “Highly Agreed” that Dower is the right of the women and 11
respondents almost “Highly Agreed” that they have enough knowledge about the procedure of
fixing dower.

20
Attitude(1st Part) of the 12 married female respondents
Employed Giving more
Excessive women do not dower to
dower keeps Dower should need dower employed
marital be fixed as per amount as a women means
relationship the ability of the means of making women
stable partner wedding security over empowered
N Valid 11 11 11 11
Missing 1 1 1 1
Mean 2.64 4.09 1.36 1.27
Median 3.00 5.00 1.00 1.00
Minimum 1 1 1 1
Maximum 5 5 3 3

From the above median it is clear that, out of 12 respondents’ 11 respondents “Highly
Disagreed” that employed women do not need dower amount as a means of wedding security,
giving more dower to employed women means making women over empowered , “Highly
Agreed” that dower should be fixed as per the ability of the partner and are “Neutral” that
excessive dower keeps marital relationship stable.

21
Attitude(2nd Part) of the 12 married female respondents

Dower
is paid Dower
Dower as a amount Dower Dower My
Women should works as token Dower should amount amount I did not partner
be paid dower a of amount be paid should should demand paid
amount before restraint respect should be after the be paid not be dower dower
consummation of to the paid after death of after paid at amount amount
of marriage divorce women marriage husband divorce all ever willingly
N Valid 10 9 8 9 7 7 9 11 9
Missing 2 3 4 3 5 5 3 1 3
Mean 4.30 3.56 4.13 3.44 1.57 2.57 1.11 2.91 2.56
Median 5.00 4.00 4.50 4.00 1.00 2.00 1.00 3.00 3.00
Minimum 1 1 2 1 1 1 1 1 1
Maximum 5 5 5 5 3 5 2 5 5

From the above median it is clear that, out of 12 respondents 10 respondents “Highly Agreed”
that women should be paid dower amount before consummation of marriage, 8 respondents
almost “Highly Agreed” that Dower is paid as a token of respect to the women, 9 respondents
“Agreed” that Dower works as a restraint of divorce, 9 respondents “Highly Disagreed” that
Dower amount should not be paid at all, 11 respondents are “Neutral” that they did not demand
dower amount ever and 9 respondents are neutral that their partner paid dower amount willingly.

22
Practice of the 12 married female respondents
There is
no
Dower specific In our My dower
Dower Dower was law to society amount was
was fixed was fixed fixed as fix dower is high in
as per as per per dower in fixed consideration
religious social family our excessively of ability of
norms status heritage country high the partner
N Valid 9 10 8 10 12 12
Missing 3 2 4 2 0 0
Mean 3.56 4.00 4.25 4.00 4.08 1.75
Median 4.00 4.00 4.00 4.00 4.00 1.00
Minimum 1 2 3 3 2 1
Maximum 5 5 5 5 5 5

From the above median it is clear that, 12 respondents “Agreed” that in our society dower is
fixed excessively high, these respondents “Highly Disagreed” that their dower amount was high
in consideration of ability of the partner , 10 respondents “Agreed” that there is no specific law
to fix dower in our country, dower was fixed as per social status, 9 respondents “Agreed” that
dower was fixed as per religious norms, 8 respondents “Agreed” that dower was fixed as per
family heritage.

23
Fixation of excessive Dower of the 12 married female respondents

Dower amount
was fixed Dower amount
without was fixed with
considering the the consensus Dower amount
ability of the of bride and was not paid
partner groom fully
N Valid 11 8 8
Missing 1 4 4
Mean 1.36 3.63 4.13
Median 1.00 4.00 4.50
Minimum 1 2 2
Maximum 2 5 5

From the above median it is clear that, out of 12 respondents’ 11 “Highly Disagreed’ that their
dower amount was fixed without considering the ability of the partner, whereas, 8 respondents
“Agreed” that their dower amount was fixed with the consensus of bride and groom and these 8
respondents almost “Highly Agreed” that dower amount was not paid fully.

24
Consequence of Excessive Dower
Dower amount Dower amount Excessive Excessive
was not paid was not paid dower amount dower amount Excessive
due to financial due to partner’s has effect on has effect on dower amount
insolvency unwillingness mental health happy family life leads to divorce
N Valid 7 9 10 10 9
Missing 5 3 2 2 3
Mean 1.57 3.22 3.30 3.10 3.56
Median 1.00 3.00 3.00 3.00 3.00
Minimum 1 1 1 1 3
Maximum 4 5 5 4 5
From the above median it is clear that, 10 respondents are “Neutral” that excessive dower
amount has effect on happy family life, Excessive dower amount has effect on mental health, 9
respondents are “Neutral” that excessive dower amount leads to divorce, dower amount was not
paid due to partner’s unwillingness and 7 respondents “Highly disagreed” that dower amount
was not paid due to financial insolvency.

Yearly Savings of the 7 married male respondents and the husbands’ of


12 married female respondents, Dower amount fixed at the time of
marriage, Amount of dower unpaid and Opinion on amount of dower
affordable at the time of marriage
Opinion on
Dower amount amount of dower
fixed at the time Amount of affordable at the
Yearly Savings of marriage dower unpaid time of marriage
N Valid 19 19 19 13
Missing 0 0 0 6
Mean 221052.6316 792105.26 563684.21 611692.31
Median 120000.0000 1000000.00 500000.00 500000.00
Minimum .00 50000 0 2000
Maximum 1740000.00 2000000 1700000 2000000

Here the mean of yearly savings, dower amount fixed at the time of marriage, and amount of
dower unpaid of the 19 married male and female respondents are 1,20000tk, 1000000tk, and

25
5,00,000tk respectively. Based on the opinion of 13 respondents amount of dower affordable at
the time of marriage is 5,00,000tk.

Number of Short and Long Duration Marriage Among 37


Divorced Respondents
Cumulative
Duration Frequency Percent Valid Percent Percent
Short Duration=1 8 21.6 21.6 21.6
Long Duration= 2 29 78.4 78.4 100.0
Total 37 100.0 100.0

In the above table among 37 respondents, 8 respondents’ marriage sustained between (0-1) year
named above as short duration and rest 29 respondents’ marriage sustained more than 1 year
which named above as long duration.

Gender of 8 Short Duration Divorced Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Female 8 100.0 100.0 100.0

In the above table all 8 respondents are female.

Gender of 29 Long Duration Divorced Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Male 7 24.1 24.1 24.1
Female 22 75.9 75.9 100.0
Total 29 100.0 100.0

In the above table out of 29 long duration divorced respondents’, 22 are female and rests 7 are
male.

26
Marriage Duration of Short Duration Divorced Respondents
Cumulative
Frequency Percent Valid Percent Percent
Valid .00 2 25.0 25.0 25.0
1.00 6 75.0 75.0 100.0
Total 8 100.0 100.0

It has been observed from above table that among 8 short duration divorced respondents, 2
respondents’ marriage duration is less than 1 year and rest 6 respondents’ marriage duration is up
to 1 year.

.
Marriage Duration of Long Duration Divorced Respondents
Cumulative
Marriage Duration Frequency Percent Valid Percent Percent
2.00 3 10.3 10.3 10.3
3.00 4 13.8 13.8 24.1
.
4.00 3 10.3 10.3 34.5
5.00 3 10.3 10.3 44.8
6.00 1 3.4 3.4 48.3
7.00 5 17.2 17.2 65.5
8.00 3 10.3 10.3 75.9
11.00 1 3.4 3.4 79.3
14.00 1 3.4 3.4 82.8
15.00 1 3.4 3.4 86.2
16.00 2 6.9 6.9 93.1
17.00 1 3.4 3.4 96.6
18.00 1 3.4 3.4 100.0
Total 29 100.0 100.0

In the above table among 29 long duration divorced respondents’ 3, 4, 3, 3, 1, 5, 3, 1, 1, 1, 2, 1,


and 1 respondents marriage duration are 2 years, 3 years, 4 years, 5 years, 6 years, 7 years, 8
years, 11 years, 14 years, 15 years, 16 years, 17 years and 18 years respectively.

27
Beneath shows the Birthplace, District, Profession, Educational Qualification of the 8
Divorced Female Respondents and their spouses and Opinion on ability to pay full
dower amount at the time of marriage, Yearly Savings, Dower Amount Fixed at the Time
of Marriage, Opinion on Dower Amount Affordable at the Time of Marriage respectively
of 8 (Short Duration Marriage) Divorced Female Respondents:

District of the respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 6 75.0 75.0 75.0
Out of Chattogram 2 25.0 25.0 100.0
Total 8 100.0 100.0

In the above table out of 8 respondents’, 6 respondents district is in Chattogram and the rest 2’s
are out of Chattogram.

District of the spouses


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 6 75.0 75.0 75.0
Out of Chattogram 2 25.0 25.0 100.0
Total 8 100.0 100.0

In the above table 6 spouses’ district is in Chattogram and the rest 2 are from out of Chattogram.

Birth place of the Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 5 62.5 62.5 62.5
Urban 3 37.5 37.5 100.0
Total 8 100.0 100.0

In the above table the birthplace of 5 respondents is in the rural area and the rest 3’s is in the
urban area.

28
Birth place of spouses
Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 5 62.5 62.5 62.5
Urban 3 37.5 37.5 100.0
Total 8 100.0 100.0

In the above table the birthplace of 5 spouses is in the rural area and the rest 3’s is in the urban
area.

Profession of the respondents at the time of marriage


Cumulative
Frequency Percent Valid Percent Percent
Valid Pvt. Job 1 12.5 12.5 12.5
Unemployed 7 87.5 87.5 100.0
Total 8 100.0 100.0

In the above table the profession of 1 respondent was Pvt. Job and the rest 7 were unemployed.

Profession of the spouses at the time of marriage


Cumulative
Frequency Percent Valid Percent Percent
Valid Pvt. Job 4 50.0 50.0 50.0
Medium Business 1 12.5 12.5 62.5
Day Labourer 2 25.0 25.0 87.5
Overseas 1 12.5 12.5 100.0
Total 8 100.0 100.0

In the above table the profession of 4 spouses was Pvt. Job, 1’s was Medium Business, 2’s was
Labourer and the rest 1 was in Overseas.

29
Educational qualification of the respondents at the time of marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 1 12.5 12.5 12.5
Secondary 2 25.0 25.0 37.5
Higher Secondary 1 12.5 12.5 50.0
Honours 2 25.0 25.0 75.0
Masters 2 25.0 25.0 100.0
Total 8 100.0 100.0

In the above table out of 8 respondents’ 1, 2, 1, 2, and 2 respondents’ educational qualification


are Primary, Secondary, Higher Secondary, Honours, and Masters respectively.

Spouses Educational qualification of the respondents at the time of


marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 1 12.5 12.5 12.5
Secondary 2 25.0 25.0 37.5
Higher Secondary 2 25.0 25.0 62.5
Honours 2 25.0 25.0 87.5
Masters 1 12.5 12.5 100.0
Total 8 100.0 100.0

In the above table out of 8 respondents’ 1, 2, 2, 2, and 2 spouses’ educational qualification are
Primary, Secondary, Higher Secondary, Honours, and Masters respectively.

Opinion on ability to pay full dower amount at the time of


marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 5 62.5 62.5 62.5
No 3 37.5 37.5 100.0
Total 8 100.0 100.0

In the above table out of 8 respondents 5 said yes and the rest 3 said no in answer to the
statement “Opinion on ability to pay full dower amount at the time of marriage”.

30
Yearly Savings, Dower Amount Fixed at the Time of Marriage, Amount of dower unpaid,
Opinion on Dower Amount Affordable at the Time of Marriage respectively of the 8 (Short
Duration Marriage) Divorced Female Respondents:

Yearly Savings
Of the Ex
Husbands of 8 Opinion on
Divorced Dower amount amount of dower
Female fixed at the time Amount of affordable at the
Respondents of marriage dower unpaid time of marriage
N Valid 8 8 8 3
Missing 0 0 0 5
Mean 348000.0000 812500.00 507500.00 933333.33
Median 270000.0000 750000.00 540000.00 800000.00
Minimum 60000.00 400000 0 500000
Maximum 900000.00 1500000 1000000 1500000

It is observed from the above table that the median of yearly savings of the Ex Husbands, dower
fixed at the time of marriage and amount of dower unpaid of the 8 (Short Duration Marriage)
Divorced Female respondents are 270000tk, 750000tk and 540000tk respectively. Whereas,
based on the opinion of the 3 female respondents, the median of the dower amount that they
could afford at the time of marriage is 800000tk.

Beneath Shows Who Initiated Divorce, Reasons Behind Divorce and Effects of Divorce of
the 8 (Short Duration Marriage) Divorced Female Respondents:

Who Initiated Divorce


Cumulative
Frequency Percent Valid Percent Percent
Valid Husband 4 50.0 50.0 50.0
Wife 4 50.0 50.0 100.0
Total 8 100.0 100.0

In the above table, 4 husbands and 4 wives initiated divorce.

31
FREQUENCY PERCENTAGE

REASONS BEHIND
DIVORCE N YES NO YES NO

Marital Unhappiness 8 4 4 50 50

Demanding Dower 8 0 8 0 100

Extra marital Affairs 8 2 6 25 75

Physical Torture 8 4 4 50 50

Mental Torture 8 5 3 62.5 37.5

Infidelity 8 2 6 25 75

Demanding Dowry 8 2 6 25 75

Drug Addiction 8 1 7 12.5 87.5

Husband not returned 8 0 8 0 100

Others 8 0 8 0 100

In the above table, out of all reasons behind divorce, Marital Unhappiness, Physical Torture, and
Mental Torture are 50%, 50%, and 62.5% respectively.

32
Effects of divorce N M YES NO YES NO
Effects on Mental Health 8 0 6 2 75 25
Effects on Physical Health 8 0 4 4 50 50
Effects on Financial Health 8 0 4 4 50 50
Effects on Family Life 8 0 4 4 50 50
Effects on Social Life 8 0 4 4 50 50
Mental health (Anxiety) 8 0 5 3 62.5 37.5
Mental health (Stress) 8 0 2 6 25 75
Mental health (Depression) 8 0 3 5 37.5 62.5
Mental health (Insomnia) 8 0 3 5 37.5 62.5
Mental health (Loneliness) 8 0 3 5 37.5 62.5
Mental health (Others) 8 0 1 7 12.5 87.5
Physical health (Blood 8 0 1 7 12.5 87.5
Pressure)
Physical health (Diabetes) 8 0 0 8 0 100
Physical health (Heart 8 0 0 8 0 100
Diseases)
Physical health (Others) 8 0 3 5 37.5 62.5
Social (People Look Down 8 0 5 3 62.5 37.5
upon me)
Social (Friends not Spend 8 0 2 6 25 75
Time)
Social (People Raise 8 0 4 4 50 50
Question)
Social (Others) 8 0 1 7 12.5 87.5
Children (Mental Health) 3 5 0 3 0 37.5
Children (Not Go To School) 3 5 0 3 0 37.5
Children (Not Play) 3 5 0 3 0 37.5
Children (Lonely) 3 5 0 3 0 37.5
Children (Irritation) 3 5 0 3 0 37.5
Children (Others) 3 5 1 2 12.5 37.5

In the above table out of all the effects of divorce, Effects on Mental Health, Anxiety, and People
Look Down upon Me are 75%, 62.5%, and 62.5% respectively.

33
Respondents Spouses Marriage Respondents Spouses Divorce
Marriage Age Age Divorce age age

20 22 21 23
25 30 25 30
23 31 24 32
19 21 20 22
24 26 25 27
18 34 19 35
23 29 24 30
19 29 19 29

Marriage and Divorce Age of 8 (short duration) Divorced Female Respondents

In the above table the age of the 8 female respondents at the time of divorce ranges from 19-25
and their husbands’ age at the time divorce ranges from 22-35.

34
Beneath shows the Knowledge, Attitude, and Practice, Fixation of excessive dower, and
Consequence of excessive dower of the 8 (Short Duration) divorced female respondents:

Knowledge of the 8 (Short Duration) divorced female respondents


I am
aware of
the
I have statutory My groom
I Have I went My opinion enough law on empowered
enough through was I have knowledge dower me to give Dower
knowledge nikanamma appreciated enough about the and divorce as is the
about during during the knowledge procedure marriage per 18th right of
marriage marriage fixation of about of fixing of our column of the
registration registration dower dower dower country kabinnama women
N Valid 8 8 8 8 8 8 8 8
Missing 0 0 0 0 0 0 0 0
Mean 3.75 3.63 3.75 4.00 3.50 3.38 4.38 5.00
Median 4.00 4.50 4.50 4.50 3.50 3.50 4.50 5.00
Minimum 1 1 1 1 1 1 3 5
Maximum 5 5 5 5 5 5 5 5

From the above median it is clear that, 8 respondents almost “Highly Agreed” that they went
through nikanamma during marriage registration, their opinion were appreciated during the
fixation of dower, they have enough knowledge about dower, their groom empowered them to
give divorce as per 18th column of kabinnama and “Highly Agreed” that dower is the right of the
women. Moreover, they almost “Agreed” that they have enough knowledge about the procedure
of fixing dower, they are aware of the statutory law on dower and marriage of our country and
“Agreed” that Have enough knowledge about marriage registration.

35
Attitude(1st Part) of the 8 (Short Duration) divorced female
respondents
Employed Giving more
Excessive Excessive women do not dower to
dower keeps Dower should dower amount is need dower employed
marital be fixed as per needed to amount as a women means
relationship the ability of the prevail the social means of making women
stable partner status wedding security over empowered
N Valid 8 8 8 8 8
Missing 0 0 0 0 0
Mean 1.63 4.50 2.00 1.25 1.50
Median 1.00 5.00 2.00 1.00 1.00
Minimum 1 3 1 1 1
Maximum 4 5 3 2 3

From the above median it is clear that, 8 respondents “Highly Disagreed” that excessive dower
keeps marital relationship stable, employed women do not need dower amount as a means of
wedding security, giving more dower to employed women means making women over
empowered and “Highly Agreed” that dower should be fixed as per the ability of the partner.
Whereas, they “Disagreed” that excessive dower amount is needed to prevail the social status.

36
Attitude (2nd Part) of the 8 (Short Duration) divorced female respondents
Women
should be
paid dower Dower is Dower
amount paid as a Dower amount Dower Dower I did not My partner
before Dower token of amount should be amount amount demand paid
consumma works as a respect should be paid after should be should not dower dower
tion of restraint of to the paid after the death of paid after be paid at amount amount
marriage divorce women marriage husband divorce all ever willingly
N Valid 8 7 7 7 7 7 7 7 8
Missing 0 1 1 1 1 1 1 1 0
Mean 4.00 2.71 4.29 2.57 1.43 2.00 1.00 2.71 1.25
Median 4.50 3.00 4.00 2.00 1.00 2.00 1.00 2.00 1.00
Minimum 1 1 3 1 1 1 1 1 1
Maximum 5 5 5 5 2 5 1 5 3

From the above median it is clear that, 8 respondents almost “Highly Agreed’ that women should
be paid dower amount before consummation of marriage and “Highly Disagreed” that their
partner paid dower amount willingly. Whereas, 7 respondents are “Neutral” that dower works as
a restraint of divorce, “Agreed” that dower is paid as a token of respect to the women, “Highly
Disagreed” that dower amount should not be paid at all and “Disagreed” that they did not
demand dower amount ever.

37
Practice of the 8 (Short Duration) divorced female
respondents
In our My dower
Dower was There is no society amount was
fixed as Dower was specific law dower is high in
per Dower was fixed as per to fix dower fixed consideration
religious fixed as per family in our excessively of ability of
norms social status heritage country high the partner
N Valid 7 6 6 7 7 8
Missing 1 2 2 1 1 0
Mean 3.71 3.83 3.33 3.29 3.86 1.13
Median 4.00 4.00 4.00 3.00 3.00 1.00
Minimum 1 1 1 1 3 1
Maximum 5 5 5 5 5 2

From the above median it is evident that, 8 respondents “Highly Disagreed” that their dower
amount were high in consideration of ability of the partner, 7 respondents are “Neutral” that
There is no specific law to fix dower in our country, there is no specific law to fix dower in our
country and “Agreed” that dower was fixed as per religious norms. Whereas, 6 respondents
“Agreed” that dower was fixed as per social status, dower was fixed as per family heritage.

38
Fixation of Excessive Dower of the 8 (Short Duration)
divorced female respondents
Dower amount
was fixed Dower amount
without was fixed with
considering the Dower amount the consensus Dower amount
ability of the was not paid of bride and was not paid
partner even partially groom fully
N Valid 7 6 7 6
Missing 1 2 1 2
Mean 1.71 3.50 4.14 4.00
Median 1.00 3.50 5.00 4.50
Minimum 1 2 1 1
Maximum 5 5 5 5

From the above table it is clear that, out of 8 respondents’ 7 respondents “Highly Disagreed” that
dower amount was fixed without considering the ability of the partner, “Highly Agreed” that
dower amount was fixed with the consensus of bride and groom. Whereas, 6 respondents almost
“Agreed” that dower amount was not paid even partially and almost “Highly Agreed” that dower
amount was not paid fully.

39
Consequence of Excessive Dower of the 8 (Short Duration)
divorced female respondents
Dower amount Dower amount Excessive Excessive
was not paid was not paid dower amount dower amount Excessive
due to financial due to partner’s has effect on has effect on dower amount
insolvency unwillingness mental health happy family life leads to divorce
N Valid 7 7 6 6 5
Missing 1 1 2 2 3
Mean 1.00 4.43 2.17 2.67 2.80
Median 1.00 5.00 2.50 3.00 3.00
Minimum 1 1 1 1 2
Maximum 1 5 3 3 3

From the above median it is clear that, out of 8 respondents’ 7 respondents “Highly Disagreed”
that Dower amount was not paid due to financial insolvency and “Highly Agreed” that dower
amount was not paid due to partner’s unwillingness. Whereas 6 respondents are almost “Neutral”
that excessive dower amount has effect on mental health and “Neutral” that excessive dower
amount has effect on happy family life. 5 respondents are Neutral that excessive dower amount
leads to divorce.

40
Beneath shows the Birthplace, District, Profession, Educational Qualification of the 8
Divorced Female Respondents and their spouses and Opinion on ability to pay full
dower amount at the time of marriage, Yearly Savings, Dower Amount Fixed at the Time
of Marriage, Opinion on Dower Amount Affordable at the Time of Marriage respectively
of the 22 (Long Duration) Divorced Female Respondents:

District of the respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 20 90.9 90.9 90.9
Out of Chattogram 2 9.1 9.1 100.0
Total 22 100.0 100.0

In the above table out of 22 respondents’ the district of 20 respondents is in Chattogram and the
rest 2’s is out of Chattogram.

District of the spouses


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 21 95.5 95.5 95.5
Out of Chattogram 1 4.5 4.5 100.0
Total 22 100.0 100.0

In the above table out of 22 spouses’ the district of 21 spouses is in Chattogram and the rest 1’s
is out of Chattogram.

Birth place of the Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 12 54.5 54.5 54.5
Urban 10 45.5 45.5 100.0
Total 22 100.0 100.0

In the above table out of 22 respondents’ the birthplace of 12 respondents is in the rural area and
the rest 10’s is in the urban area.

41
Birth place of spouses
Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 13 59.1 59.1 59.1
Urban 9 40.9 40.9 100.0
Total 22 100.0 100.0

In the above table out of 22 spouses’ 13 spouses birthplace is in the rural area and the rest 9’s is
in the urban area.

Profession of the respondents at the time of marriage


Cumulative
Frequency Percent Valid Percent Percent
Valid Govt. Job 1 4.5 4.5 4.5
Pvt. Job 3 13.6 13.6 18.2
Small Business 4 18.2 18.2 36.4
Unemployed 11 50.0 50.0 86.4
Housewife 3 13.6 13.6 100.0
Total 22 100.0 100.0

In the above table out of 22 respondents’ 1, 3, 4, 11, and 3 respondents’ profession was Govt.
job, Pvt. Job, small Business, Unemployed, and Housewife respectively.

Profession of the spouses at the time of marriage


Cumulative
Frequency Percent Valid Percent Percent
Valid Govt. Job 1 4.5 4.5 4.5
Pvt. Job 7 31.8 31.8 36.4
Small Business 3 13.6 13.6 50.0
Medium Business 8 36.4 36.4 86.4
Overseas 3 13.6 13.6 100.0
Total 22 100.0 100.0

In the above table out of 22 spouses’ 1, 7, 3, 8, and 3 spouses profession was Govt. job, Pvt. Job,
Small Business, Medium Business, and Overseas respectively.

42
Educational qualification of the respondents at the time of marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 4 18.2 18.2 18.2
Secondary 8 36.4 36.4 54.5
Higher Secondary 6 27.3 27.3 81.8
Honours 2 9.1 9.1 90.9
Masters 1 4.5 4.5 95.5
Higher Studies 1 4.5 4.5 100.0
Total 22 100.0 100.0

In the above table out of 22 respondents’ 4, 8, 6, 2, 1, and 1 respondents’ educational


qualification were Primary, Secondary, Higher Secondary, Honours, Masters, and Higher Studies
respectively.

Spouses Educational qualification of the respondents at the time of


marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 7 31.8 33.3 33.3
Secondary 6 27.3 28.6 61.9
Higher Secondary 2 9.1 9.5 71.4
Honours 3 13.6 14.3 85.7
Masters 2 9.1 9.5 95.2
Higher Studies 1 4.5 4.8 100.0
Total 21 95.5 100.0
Missing System 1 4.5
Total 22 100.0

In the above table out of 22 spouses’ 7, 6, 2, 3, 2, and 1 spouse's educational qualification were
Primary, Secondary, Higher Secondary, Honours, Masters, and Higher Studies respectively. Here
the profession of 1 spouse is missing.

43
Opinion on ability to pay full dower amount at the time of
marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 18 81.8 81.8 81.8
No 4 18.2 18.2 100.0
Total 22 100.0 100.0

In the above table out of 22 respondents 18 said yes and the rest 4 said no in answer to the
statement “Opinion on ability to pay full dower amount at the time of marriage”.

Yearly Savings, Dower Amount Fixed at the Time of Marriage, Amount


of dower unpaid, Opinion on Dower Amount Affordable at the Time of
Marriage respectively of the 22 (Long Duration Marriage) Divorced
Female Respondents:

Yearly Savings
of the Ex
Husbands of the Opinion on
22 Divorced Dower amount amount of dower
Female fixed at the time Amount of affordable at the
Respondents of marriage dower unpaid time of marriage
N Valid 22 22 21 9
Missing 0 0 1 13
Mean 286363.6364 585454.55 537142.86 911111.11
Median 240000.0000 500000.00 400000.00 1000000.00
Minimum -60000.00 80000 0 500000
Maximum 720000.00 2500000 2500000 1500000

It is observed from the above table that the median of yearly savings of the Ex Husbands, dower
fixed at the time of marriage and amount of dower unpaid of the 22 (Long Duration Marriage)
Divorced Female Respondents are 240000tk, 500000tk and 400000tk respectively. Whereas,
based on the opinion of the 9 female respondents, the median of the dower amount that they
could afford at the time of marriage is 1000000tk.

44
Beneath shows the Birthplace, District, Profession, Educational Qualification of the 8
Divorced Female Respondents and their spouses and Opinion on ability to pay full
dower amount at the time of marriage, Yearly Savings, Dower Amount Fixed at the Time
of Marriage, Opinion on Dower Amount Affordable at the Time of Marriage respectively
of the 7 (Long Duration) Divorced Male Respondents:

District of the respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 7 100.0 100.0 100.0

In the above table the district of the 7 respondents’ is in Chattogram.

District of the spouses


Cumulative
Frequency Percent Valid Percent Percent
Valid Chattogram 6 85.7 85.7 85.7
Out of Chattogram 1 14.3 14.3 100.0
Total 7 100.0 100.0

In the above table the district of the 6 spouses’ district is in Chattogram and the rest 1’s is out of
Chattogram.

Birth place of the Respondents


Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 5 71.4 71.4 71.4
Urban 2 28.6 28.6 100.0
Total 7 100.0 100.0

In the above table out of the 7 respondents’, the birthplace of 5 respondents is in the rural area
and the rest 2’s is in the urban area.

45
Birth place of spouses
Cumulative
Frequency Percent Valid Percent Percent
Valid Rural 5 71.4 71.4 71.4
Urban 2 28.6 28.6 100.0
Total 7 100.0 100.0

In the above table out of the 7 spouses’, the birthplace of 5 respondents is in the rural area and
the rest 2’s is in the urban area.

Profession of the respondents at the time of marriage


Cumulative
Frequency Percent Valid Percent Percent
Valid Pvt. Job 1 14.3 16.7 16.7
Medium Business 3 42.9 50.0 66.7
Day Labourer 1 14.3 16.7 83.3
Overseas 1 14.3 16.7 100.0
Total 6 85.7 100.0
Missing System 1 14.3
Total 7 100.0

In the above table out of the 7 respondents’ the profession of 1, 3, 1, 1, and 6 respondents’ were
Pvt. Job, Medium Business, Day Labourer, and Overseas respectively. Here 1 respondent’s
profession is missing.

Profession of the spouses at the time of marriage


Cumulative
Frequency Percent Valid Percent Percent
Valid Govt. Job 1 14.3 16.7 16.7
Unemployed 5 71.4 83.3 100.0
Total 6 85.7 100.0
Missing System 1 14.3
Total 7 100.0

In the above table out of the 7 spouses’ the profession of 1 and 5 spouses were Govt. job and
Unemployed respectively. Here 1 spouse’s profession is missing.

46
Educational qualification of the respondents at the time of marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Primary 1 14.3 14.3 14.3
Secondary 2 28.6 28.6 42.9
Higher Secondary 1 14.3 14.3 57.1
Masters 3 42.9 42.9 100.0
Total 7 100.0 100.0

In the above table out of the 7 respondents’ the educational qualification of 1, 2, 1, and 3
respondents are Primary, Secondary, Higher Secondary, and Masters respectively.

Spouses Educational qualification of the respondents at the time of


marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Secondary 3 42.9 42.9 42.9
Higher Secondary 1 14.3 14.3 57.1
Honours 1 14.3 14.3 71.4
Masters 1 14.3 14.3 85.7
Higher Studies 1 14.3 14.3 100.0
Total 7 100.0 100.0

In the above table out of the 7 spouses’ 3, 1, 1, 1, and 1 spouses' are Secondary, Higher
Secondary, Honours, Masters, and Higher Studies respectively.

47
Opinion on ability to pay full dower amount at the time of
marriage
Cumulative
Frequency Percent Valid Percent Percent
Valid Yes 1 14.3 14.3 14.3
No 6 85.7 85.7 100.0
Total 7 100.0 100.0

In the above table out of 7 respondents 1 said yes and the rest 6 said no in answer to the
statement “Opinion on ability to pay full dower amount at the time of marriage”.

Yearly Savings, Dower Amount Fixed at the Time of Marriage, Amount


of dower unpaid, Opinion on Dower Amount Affordable at the Time of
Marriage respectively of the 7 (Long Duration Marriage) Divorced Male
Respondents:

Opinion on
Dower amount amount of dower
fixed at the time Amount of affordable at the
Yearly Savings of marriage dower unpaid time of marriage
N Valid 7 7 7 4
Missing 0 0 0 3
Mean 125142.8571 942857.14 658571.43 202500.00
Median 180000.0000 1000000.00 650000.00 150000.00
Minimum -84000.00 200000 0 10000
Maximum 240000.00 2500000 1900000 500000

It is observed from the above table that the median of yearly savings, dower fixed at the time of
marriage and amount of dower unpaid of the 7 (Long Duration Marriage) Divorced Male
Respondents are 180000tk, 1000000tk and 650000tk respectively. Whereas, based on the
opinion of the 4 male respondents, the median of the dower amount that they could afford at the
time of marriage is 150000tk.

48
Beneath Shows Who Initiated Divorce, Reasons Behind Divorce and Effects of Divorce of
the 29 (Long Duration Marriage) Divorced Male and Female Respondents:

Yearly Savings, Dower Amount Fixed at the Time of Marriage, Amount


of dower unpaid, Opinion on Dower Amount Affordable at the Time of
Marriage respectively of the 37 Divorced Male and Female
Respondents:

Opinion on
Dower amount amount of dower
fixed at the time Amount of affordable at the
Yearly Savings of marriage dower unpaid time of marriage
N Valid 37 37 36 16
Missing 0 0 1 21
Mean 269189.1892 702162.16 554166.67 738125.00
Median 240000.0000 500000.00 425000.00 750000.00
Minimum -84000.00 80000 0 10000
Maximum 900000.00 2500000 2500000 1500000

It is observed from the above table that the median of yearly savings, dower fixed at the time of
marriage and amount of dower unpaid of the 37 Divorced Male and Female Respondents are
240000tk, 500000tk and 425000tk respectively. Whereas, based on the opinion of the 16
respondents, the median of the dower amount that they could afford at the time of marriage is
750000tk.

Who Initiated Divorce (Out of 7 Divorced Male Respondents)


Cumulative
Frequency Percent Valid Percent Percent
Valid Husband 4 57.1 57.1 57.1
Wife 3 42.9 42.9 100.0
Total 7 100.0 100.0

In the above table, 4 husbands and 3 wives initiated divorce.

49
Who Initiated Divorce (Out of 22 Divorced Female Respondents)
Cumulative
Frequency Percent Valid Percent Percent
Valid Husband 9 40.9 40.9 40.9
Wife 13 59.1 59.1 100.0
Total 22 100.0 100.0

In the above table, 9 husbands and 13 wives initiated divorce

FREQUENCY PERCENTAGE

Reasons Behind
Divorce of 29
Divorced Male and
Female
Respondents: N YES NO YES NO

Marital Unhappiness 29 15 14 51.7 48.3

Demanding Dower 29 3 26 10.3 89.7

Extra marital Affairs 29 11 18 37.9 62.1

Physical Torture 29 11 18 37.9 62.1

Mental Torture 29 12 17 41.4 58.6

Infidelity 29 12 17 41.4 58.6

Demanding Dowry 29 10 19 34.5 65.5

Drug Addiction 29 6 23 20.7 79.3

Husband not returned 29 0 29 0 100

Others 29 2 27 6.9 93.1

In the above table, out of all reasons behind divorce, Marital Unhappiness, Mental Torture is
51.7% and 41.4% respectively.

50
Effects of divorce N M YES NO YES NO
Effects on Mental Health 29 0 24 5 82.8 17.2
Effects on Physical Health 29 0 16 13 55.2 44.8
Effects on Financial Health 29 0 22 7 75.9 24.1
Effects on Family Life 29 0 11 18 37.9 62.1
Effects on Social Life 29 0 11 18 37.9 62.1
Mental health (Anxiety) 29 0 23 6 79.3 20.7
Mental health (Stress) 29 0 9 20 31 69
Mental health (Depression) 29 0 9 20 31 69
Mental health (Insomnia) 29 0 8 21 27.6 72.4
Mental health (Loneliness) 29 0 9 20 31 69
Mental health (Others) 29 0 3 26 10.3 89.7
Physical health (Blood 29 0 6 23 20.7 79.3
Pressure)
Physical health (Diabetes) 29 0 2 27 6.9 93.1
Physical health (Heart 29 1 2 26 7.1 92.9
Diseases)
Physical health (Others) 29 1 11 17 39.3 60.7
Social (People Look Down) 29 1 14 14 50 50
Social (Friends not Spend 29 1 5 23 17.9 82.1
Time)
Social (People Raise 29 1 7 21 25 75
Question)
Social (Others) 29 1 4 24 14.3 85.7
Children (Mental Health) 29 6 7 16 30.4 69.6
Children (Do Not Go To 29 0 24 5 82.8 17.2
School)
Children (Not Play) 29 6 4 19 17.4 82.6
Children (Lonely) 29 6 8 15 34.8 65.2
Children (Irritation) 29 6 3 20 13 87
Children (Others) 29 6 6 17 26.1 73.9

In the above table out of all the effects of divorce, Effects on Mental Health, Financial Health,
Anxiety, and Children Do Not Go to School are 82.8%, 75.9%, 79.3%, and 82.8% respectively.

51
Beneath shows the knowledge, attitude and practice of dower of the 29 divorced male
and female respondents:

Knowledge of the 29 divorced male and female respondents


I am aware My groom
I Have I went My opinion I have of the empowered
enough through was enough statutory law me to give
knowledge nikanamma appreciated I have knowledge on dower divorce as Dower is
about during during the enough about the and per 18th the right of
marriage marriage fixation of knowledge procedure of marriage of column of the
registration registration dower about dower fixing dower our country kabinnama women
N Valid 28 28 28 28 28 28 28 28
Missing 1 1 1 1 1 1 1 1
Mean 4.14 3.68 3.43 3.64 3.32 2.82 4.39 4.75

Median 5.00 4.00 4.00 4.50 3.50 2.50 5.00 5.00

Minimum 1 1 1 1 1 1 1 1

Maximum 5 5 5 5 5 5 5 5

From the above median it is evident that, out of 29 respondents’ 28 respondents “Highly Agreed”
that they have enough knowledge about marriage registration, their groom empowered them to
give divorce as per 18th column of kabinnama, dower is the right of the women, almost “Highly
Agreed” that they have enough knowledge about dower, almost “Agreed” that they have enough
knowledge about the procedure of fixing dower, “Agreed” that they went through nikanamma
during marriage registration, their opinion was appreciated during the fixation of dower and are
almost “Neutral” that they are aware of the statutory law on dower and marriage of our country..

52
Attitude (1st Part) of the 29 divorced male and female respondents
Employed Giving more
Excessive Excessive women do not dower to
dower keeps Dower should dower amount is need dower employed
marital be fixed as per needed to amount as a women means
relationship the ability of the prevail the social means of making women
stable partner status wedding security over empowered
N Valid 28 28 26 28 28
Missing 1 1 3 1 1
Mean 2.50 4.21 2.54 1.68 1.89
Median 2.00 4.00 2.00 1.00 1.00
Minimum 1 2 1 1 1
Maximum 5 5 5 5 5

From the above median it is clear that, out of 29 respondents’ 28 respondents “Highly
Disagreed” that employed women do not need dower amount as a means of wedding security,
employed women do not need dower amount as a means of wedding security, “Agreed” that
dower should be fixed as per the ability of the partner and “Disagreed” that excessive dower
keeps marital relationship stable and 26 respondents “Disagreed” that excessive dower amount is
needed to prevail the social status.

53
Attitude(2nd Part) of the 29 divorced male and female respondents
Dower
Dower is amount Dower
Women should paid as a Dower should be amount Dower I did not
be paid dower Dower token of amount paid after should amount demand My partner
amount before works as respect should be the death be paid should dower paid dower
consummation a restraint to the paid after of after not be amount amount
of marriage of divorce women marriage husband divorce paid at all ever willingly
N Valid 24 19 19 20 18 20 19 23 23
Missing 5 10 10 9 11 9 10 6 6
Mean 4.33 2.53 4.63 2.85 1.78 2.20 1.26 2.65 1.70
Median 5.00 3.00 5.00 3.00 1.00 2.00 1.00 2.00 1.00
Minimum 1 1 2 1 1 1 1 1 1
Maximum 5 5 5 5 4 5 3 5 5

From the above median it is evident that, out of 29 respondents’ 24 respondents “Highly agreed”
that women should be paid dower amount before consummation of marriage, 23 respondents
“Highly Disagreed” that my partner paid dower amount willingly and “Disagreed” that I did not
demand dower amount ever , 19 respondents “Highly Disagreed” that dower amount should not
be paid at all, are “Neutral” that dower works as a restraint of divorce and “Highly Agreed” that
dower is paid as a token of respect to the women .

54
Practice of the 29 divorced male and female
respondents
There is
Dower no In our My dower
Dower was Dower specific society amount was
was fixed fixed as was fixed law to fix dower is high in
as per per as per dower in fixed consideration
religious social family our excessively of ability of
norms status heritage country high the partner
N Valid 22 20 19 20 19 27
Missing 7 9 10 9 10 2
Mean 3.82 3.95 3.63 3.65 3.37 2.44
Median 4.00 4.00 4.00 3.00 3.00 1.00
Minimum 1 2 1 3 1 1
Maximum 5 5 5 5 5 5

From the above median it is clear that, out of 29 respondents’ 27 respondents “Highly
Disagreed” that their dower amount were high in consideration of ability of the partner , 22
respondents “Agreed” that dower was fixed as per religious norms , 20 respondents “Agreed”
that dower was fixed as per social status and are “Neutral” that there is no specific law to fix
dower in our country and 19 respondents are “Neutral” that In our society dower is fixed
excessively high and “Agreed” that dower was fixed as per family heritage .

55
Fixation of Excessive Dower of the 29 divorced male
and female respondents
Dower amount
was fixed Dower amount
without was fixed with
considering the Dower amount the consensus Dower amount
ability of the was not paid of bride and was not paid
partner even partially groom fully
N Valid 27 20 20 22
Missing 2 9 9 7
Mean 2.78 3.60 3.10 4.41
Median 2.00 4.50 3.00 5.00
Minimum 1 1 1 2
Maximum 5 5 5 5

From the above median it is evident that out of 29 respondents’ 27 respondents are “Neutral” that
dower amount was fixed without considering the ability of the partner, 22 respondents “Highly
Agreed” that dower amount was not paid fully and 20 respondents almost “Highly Agreed” that
dower amount was not paid even partially and are “Neutral” that dower amount was fixed with
the consensus of bride and groom.

56
Consequence of Excessive Dower of the 29 divorced male and
female respondents

Dower amount Dower amount Excessive Excessive


was not paid was not paid dower amount dower amount Excessive
due to financial due to partner’s has effect on has effect on dower amount
insolvency unwillingness mental health happy family life leads to divorce
N Valid 20 25 23 23 26
Missing 9 4 6 6 3
Mean 1.85 4.12 3.61 3.48 3.19
Median 1.00 5.00 4.00 3.00 3.00
Minimum 1 1 1 1 1
Maximum 5 5 5 5 5

From the above median it is evident that out of 29 respondents’ 26 respondents are “Neutral” that
excessive dower amount leads to divorce, 25 respondents “Highly Agreed” that dower amount
was not paid due to partner’s unwillingness, 23 respondents “Agreed” that excessive dower
amount has effect on mental health and are “Neutral” that excessive dower amount has effect on
happy family life.

57
Discussion
From the findings of the quantitative study we have found that, among 19 married male and
female respondents’ the birthplace of maximum respondent’s is in the urban area and maximum
spouse’s birthplace of these respondents is in the rural area. Moreover among these respondents
maximum’s district is in Chattogram and the maximum spouse’s district is also in Chattogram.
Out of 7 married male respondents maximum’s profession at the time of marriage was Govt. Job
and Pvt. Job, whereas, their maximum spouses were unemployed at the time of marriage. Out of
7 married male respondents maximum’s educational qualification at the time of marriage was
Honours and their maximum spouses’ was also Honours. Out of 12 married female respondents
maximum were unemployed at the time of marriage and their maximum spouses’ profession at
the time of marriage was Pvt. Job. Out of 12 married female respondents maximum’s educational
qualification at the time of marriage was Honours and their maximum spouses’ was Masters.
Among 19 married male and female respondents’ maximum said “No” in answer to the
statement “Opinion on ability to pay full dower amount at the time of marriage”. The median of
yearly savings, dower fixed at the time of marriage and amount of dower unpaid of the 7 married
male respondents are 60,000tk, 10,00,000tk and 5,00,000tk respectively. Whereas, based on the
opinion of the 6 married male respondents, the median of the dower amount that they could
afford at the time of marriage is 3,75,000tk. The median of yearly savings of the husbands of 12
married female respondents, dower fixed at the time of marriage and amount of dower unpaid of
the 12 married female respondents are 1,50,000tk, 7,50,000tk and 5,80,000tk respectively.
Whereas, based on the opinion of the 7 married female respondents, the median of the dower
amount that their husbands could afford at the time of marriage is 6,00,000tk. So, here we see
that median of yearly savings, dower amount fixed at the time of marriage, and amount of dower
unpaid of the 19 married male and female respondents are 1,20000tk, 1000000tk, and
5,00,000tk respectively. Based on the opinion of 13 respondents amount of dower affordable at
the time of marriage is 5,00,000tk. By analyzing the knowledge of 19 married respondents we
have found that out of 19 respondents maximum agreed that they went through nikanamma
during marriage registration, their opinion were appreciated during the fixation of dower and
maximum are neutral that they are aware of the statutory law on dower and marriage of our
country, whereas maximum highly agreed that they have enough knowledge about dower, the
groom empowered their wife to give divorce as per 18th column of kabinnama, they have
enough knowledge about the procedure of fixing dower and all 19 respondents highly agreed that
dower is the right of the women. By analyzing the attitude of these respondents we have found
that, maximum agreed that dower works as a restraint of divorce, maximum highly agreed that
dower should be fixed as per the ability of the partner, women should be paid dower amount
before consummation of marriage, dower is paid as a token of respect to the women, maximum
are neutral on these statements excessive dower keeps marital relationship stable, I did not
demand dower amount ever, my partner paid dower amount willingly and maximum highly
disagreed that employed women do not need dower amount as a means of wedding security,
giving more dower to employed women means making women over empowered, dower amount

58
should not be paid at all. By analyzing the practice of these respondents we have found that,
maximum agreed that dower is fixed as per religious norms, dower is fixed as per social status,
dower is fixed as per family heritage, there is no specific law to fix dower in our country, my
dower amount is fully realized after marriage and maximum highly disagreed that my dower
amount was high in consideration of ability of the partner. By analyzing their opinion on fixation
of excessive dower we have found that, maximum agreed that dower amount was not paid even
partially, maximum highly agreed that dower amount was not paid fully and maximum highly
disagreed that dower amount was fixed without considering the ability of the partner. By
analyzing their opinion on consequence of excessive dower we have found that, maximum
agreed that excessive dower amount has effect on happy family life, maximum are neutral on
these statements dower amount was not paid due to partner’s unwillingness, excessive dower
amount has effect on mental health, excessive dower amount leads to divorce and highly
disagreed that dower amount was not paid due to financial insolvency.

Through quantitative analysis we have found that out of 37 divorced respondents’ maximum
respondent’s birthplace is in the rural so is their spouses. Out of these respondents maximum
respondent’s district is in Chattogram so is their spouses. Here, maximum respondent’s profession
at the time of marriage was Medium Business and Unemployment, their maximum spouse’s
profession at the time of marriage was Pvt. Job, Medium Business and Unemployment. Moreover,
maximum respondent’ education qualification at the time of marriage was Primary, Secondary,
Higher Secondary, Honours, and Masters and maximum spouse’s education qualification at the time
of marriage was Secondary, Honours, and Masters. Out of 37 divorced respondents’ maximum said
“Yes” in answer to the statement “Opinion on ability to pay full dower amount at the time of
marriage”. Out of 37 divorced cases, the median of yearly savings of the ex-husbands of 8 (short
duration marriage) divorced female respondents, dower fixed at the time of marriage and amount
of dower unpaid of the 8 (Short Duration Marriage) divorced female respondents are 2,70,000tk,
7,50,000tk and 5,40,000tk respectively. Whereas, based on the opinion of the 3(short duration
marriage) divorced female respondents, the median of the dower amount that they could afford at
the time of marriage is 8,00,000tk. The median of yearly savings of the ex-husbands of 22 (Long
Duration Marriage) Divorced Female Respondents , dower fixed at the time of marriage and
amount of dower unpaid of the 22 (Long Duration Marriage) Divorced Female Respondents are
2,40,000tk, 5,00,000tk and 4,00,000tk respectively. Whereas, based on the opinion of the 9 (Long
Duration Marriage) female divorced respondents, the median of the dower amount that they could
afford at the time of marriage is 10,00,000tk. The median of yearly savings, dower fixed at the time
of marriage and amount of dower unpaid of the 7 (Long Duration Marriage) divorced male
respondents are 180000tk, 1000000tk and 650000tk respectively. Whereas, based on the opinion
of the 4 (long duration marriage) divorced male respondents, the median of the dower amount that
they could afford at the time of marriage is 150000tk. So, here we see that median of yearly savings,
dower amount fixed at the time of marriage, and amount of dower unpaid of the 37 Divorced Male
and Female Respondents are 240000tk, 500000tk and 425000tk respectively. Whereas, based on
the opinion of the 16 respondents, the median of the dower amount that they could afford at the

59
time of marriage is 750000tk. Here maximum Marriage Duration among 8 (short duration
marriage) divorced female respondents is 1 year and maximum Marriage Duration among 29 ( long
duration marriage) divorced male and female respondents are 7 years. Among 37 divorced male
and female respondents maximum divorce was initiated by the husbands. Among 37 divorced
respondents maximum reasons behind divorce were Marital Unhappiness, Mental Torture, and
Physical Torture. Whereas, maximum effects of divorce were effects on Mental Health and
Financial Health, Anxiety, People Look Down upon Me and Children Don’t go to School. By analyzing
the knowledge of 37 divorced male and female respondents we have found that out of 37
respondents maximum agreed that they went through my Nikanamma during, their opinion were
appreciated during the fixation of dower, they have enough knowledge about the procedure of
fixing dower, whereas, maximum highly agreed that they have enough knowledge about marriage
registration, they have enough knowledge about dower, the groom empowered their wife to give
divorce as per 18th column of kabinnama, dower is the right of the women and maximum are
neutral on the statement they are aware of the statutory law on dower and marriage of our country .
By analyzing the attitude of these respondents we have found that, maximum highly disagreed that
employed women do not need dower amount as a means of wedding security, giving more dower to
employed women means making women over empowered, dower amount should not be paid at all,
my partner paid dower amount willingly and maximum disagreed that excessive dower keeps
marital relationship stable, excessive dower amount is needed to prevail the social status, I did not
demand dower amount ever, maximum highly agreed that women should be paid dower amount
before consummation of marriage, dower is paid as a token of respect to the women, maximum are
neutral that dower works as a restraint of divorce and maximum agreed that dower should be fixed
as per the ability of the partner. By analyzing the practice of these respondents we have found that,
maximum agreed that dower is fixed as per religious norms, dower is fixed as per family heritage
and maximum are neutral that there is no specific law to fix dower in our country, In our society
dower is fixed excessively high, whereas maximum disagreed that dower is fixed as per social
status and maximum highly disagreed that their dower amount was high in consideration of ability
of the partner. . By analyzing their opinion on fixation of excessive dower we have found that,
maximum highly agreed that dower amount was not paid even partially, dower amount was not
paid fully, maximum are neutral that dower amount was fixed with the consensus of bride and
groom and maximum disagreed that dower amount was fixed without considering the ability of the
partner. By analyzing their opinion on consequence of excessive dower we have found that,
maximum highly disagreed that dower amount was not paid due to financial insolvency, maximum
are neutral that excessive dower amount has effect on happy family life, excessive dower amount
leads to divorce and maximum agreed that excessive dower amount has effect on mental health and
maximum highly agreed that dower amount was not paid due to partner’s unwillingness.

60
Qualitative Study

Qualitative research methodology focuses on obtaining data through open-ended and


conversational communication. Qualitative research questions are designed in such a manner that
help to reveal the behavior and perception of a definite respondent with reference to a particular
research question. There are different types of qualitative research methods like an in-depth
interview, focus groups, ethnographic research, content analysis, case study research which are
usually used. In this research paper we have conducted in-depth interview on two
respondents( both were husband and wife), in order to discover and explore the range of
variation among individuals and to find patterns of similarity and difference. This interview
helps to explore the behaviors, experience and beliefs of the respondents. Here Respondent 1 is
the wife and Respondent 2 is the husband.

Findings of the Survey

The marital duration of Respondent 1 and Respondent 2 is 17 years. They got married and
divorced in 2003 and 2020 respectively and Respondent 2 i.e., the husband initiated the divorce.
Both are from Chattogram district. The profession of Respondent 2 and Respondent 1 at the time
of marriage was businessman and teacher respectively but at present Respondent 1 is
unemployed. The educational qualification of Respondent 1 at the time of marriage was higher
secondary and according to her Respondent 2 (ex-husband) was uneducated. But according to the
Respondent 2 his educational qualification at the time of marriage was secondary and so is
Respondent 1’s. At the time of marriage the age of Respondent 2 and Respondent 1 was 35 and
23 respectively. The yearly savings of Respondent 2 at the time of his marriage was 10,000tk and
so are his expenses. The dower amount fixed at their marriage was 2,00,000tk out of which
40,000 is prompt dower, which according to Respondent 2 has been already paid to his ex-wife
i.e., the Respondent 1 and the rest 1,60,000tk is deferred dower. But according to Respondent 1
the 40,000tk has only been shown paid in the kabinnama but in reality full amount of the dower
is still unpaid. According to the Respondent 2 the dower amount that was affordable for him at
the time of marriage was 10,000tk. Together they have 2 sons and 1 daughter.

According to the Respondent 1 her ex-husband is of cruel nature. She alleged that her ex-
husband wouldn’t let their 2 sons to stay with her and threatened them if they stay with their
mother then he would harm them physically. She also alleged that her ex-husband would mix
some kind of drug in her and their children’s food and because of that her 2 sons are going
through psychological illness. Moreover, because of the threat given by her ex-husband to the
sons they are unwilling to go to a psychiatrist for their treatment and as a result she is unable to
obtain her sons’ medical certificate and to present it as proof in the court. According to her, her
ex-husband doesn’t provide any money for maintenance. She filed manifold cases against her ex-
husband under Nari o Shishu Nirjatan Daman Ain 2000 (Women and Children Repression

61
Prevention Act 2000), The Guardians and Wards Act, 1890, The Dowry Prohibition Act, 1980
and The Family court Ordinance, 1961. It is needed to be added that the Respondent 1 doesn’t
want divorce. According to her the main reason of divorce was marital unhappiness, physical
torture, mental torture, demanding dowry and drug addiction of her ex-husband.

On the other hand, the Respondent 2 i.e., the ex-husband of the Respondent 1 alleged that his ex-
wife had harassed him many times by filing case against him for dower and maintenance.
According to him if he had financial solvency then he would have paid his ex-wife the remaining
dower amount which is according to him 1,60,000tk and could have got rid from his ex-wife. He
also added that, all the children are with their mother and he spends monthly 17,000-18,000tk for
his ex-wife and the children. He further added that, he also bears the house rent, utility bills of
his ex-wife and the children. According to him the main reason of their divorce was marital
unhappiness and mental turmoil and at present he is in peace after divorcing his wife.

Discussion

When the Respondent 1 was sharing all her problems with her ex-husband she seemed quite
unrest which she had also agreed and she wholeheartedly wanted restitution of conjugal right
which her ex-husband repeatedly denied. On the other hand, the Respondent 2 i.e., the ex-
husband of the Respondent 1 seemed calm and while sharing his problems with his ex-wife.

Conclusion

Here we have found that among 19 married male and female respondent their dower amount is
excessive and its median is 10, 00,000tk and their median of unpaid dower is 5, 00,000. Again
we have found that, the median of dower amount of 8 (short duration marriage) divorced female
respondents is 7, 50,000tk which is also excessive and their median of unpaid dower is 5,
40,000tk. Whereas the median of dower of 7 (long duration marriage) divorced male respondent
is 10, 00,000tk and their median of unpaid dower is 6, 50,000tk. However, the reasons behind
divorce of total 37 divorced male and female respondents were marital unhappiness, mental
torture and physical torture. Hence, dower amount was never the only reason for the cause of the
divorce. In my opinion if we can conduct this research throughout Bangladesh then we can hope
to actually establish the main purpose of this research paper. Moreover, here, out of total 56
married and divorced respondents only 14 are male and the rest 42 are female. So, if out of total
respondents, half were female and other half were male than we could have established whether
excessive dower amount leads to divorce. Besides, most of the respondents opined that for a
peaceful family dower amount is not a fact whether it’s excessive or not.

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References

1. Nahid Ferdousi, ‘The Practice of Dower and Dowry in Muslim Marriage in Bangladesh:
A Legal Analysis’ResearchGate, 31 December 2019.
2. Sunil Tirkey (2020) A Critical Analysis of Dower (Mahr) in Theory and Practice in
British India Through Court Records from 1800-1939, Unpublished PhD thesis.

Bibliography

1.Rashid, Syed Khalid, Muslim Law,5th Edition, Eastern Book Company, Lucknow (2009).

2.Hidaytullah, M. and Hidaytulla, Arshad, Mulla’s Principles of Mahomedan Law,19 Edition,


LexisNexis (1990) .

3.Dr.Abdullah Al Faruque, Essentials of Legal Research, 2nd Edition, Palal Prokashoni (2009).

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