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Dower

Dower, or Mahr, is a mandatory sum payable by the husband to the wife upon marriage, which is not a dowry but a significant institution in Islamic law. It can be specified before, during, or after marriage and is nonrefundable unless relinquished by the wife; even if not explicitly mentioned, the law presumes a dower amount. Dower is classified into specified and proper types based on the determination of its amount, and prompt and deferred types based on the timing of payment.

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5 views3 pages

Dower

Dower, or Mahr, is a mandatory sum payable by the husband to the wife upon marriage, which is not a dowry but a significant institution in Islamic law. It can be specified before, during, or after marriage and is nonrefundable unless relinquished by the wife; even if not explicitly mentioned, the law presumes a dower amount. Dower is classified into specified and proper types based on the determination of its amount, and prompt and deferred types based on the timing of payment.

Uploaded by

parvezabdulrauf804
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Dower (Mahr)

Introduction
1. Dower is the sum that becomes payable by the husband to the wife on marriage, either
by agreement between the parties or by operation of law.
2. The Mahr (dower) is not a form of dowry rather, it is a significant institution in Islamic
law, occupying a unique position of its own.
3. According to Muhammadan law, marriage is a civil contract and dower is a necessary
result of it.
4. dower may be fixed orally or in writing, (Mehranama). The amount of dower may be
fixed either before, at the time of, or after marriage. The wife is competent to relinquish
her dower, provided she has attained puberty at the time of the relinquishment.
Definitions-
Dower is the sum of money or other property which the wife is entitled to receive from the
husband in consideration of the marriage.- Mulla
According to Ameer Ali, “Dower is a consideration which belongs absolutely to wife.”
Dower (Mahr)
1. Dover in the present form was introduced by the Prophet Muhammad and made
obligatory by him in the case of every marriage.
2. Fitz-gerald says “it would be incorrect to describe the Muslim dower purely as a bride’s
price.”
3. Even after divorce, Mahr is nonrefundable unless the wife remits it at her willingness,
and it becomes the property of the wife till eternity. Even if marriage is not
consummated, it is mandatory to provide mahr to the wife.
4. Dower is a necessary incident of marriage with the result that even if no dower is fixed,
the wife is entitled to some dower from the husband. The marriage is valid even though
no mention of Dower made by the contracting party.
In Hamira Bibi vs Zubaida Bibi,
The Judicial Committee held that Dower is an essential incident under the Muslim law to
the status of marriage, to such an extent this is so that when it is unspecified at the time
of marriage is contracted, the law declares that it must be adjudged on the definite
principles.

5. Mahr is so necessary to marriage that if it were not mentioned at the time of the
marriage, or in the contract, the law will presume it by virtue of the contract itself.
Kinds of Dower-
Dower may be classified according to the mood of determination of its amount. And according
to the time when it is payable. Thus-
1. As to amount- (a) Specified Dower (b)Proper Dower
2. As to time- (a)Prompt Dower (b)Deferred Dower

1. As to amount-
(a) Specified Dower (Mahr-i-musamma).-
When the amount of Dower is fixed either before or at the time of marriage, or even after
marriage, such fixed amount is called specified dower.
The amount of the dower differs between Sunni law and Shia law.
Under Sunni law, the minimum amount entitled to the women, is 12-13 rupees which is
equivalent to 10 dirhams with no upper limit specified.
In contrast, Shia law does not provide a specific lower amount and the maximum amount
is also not specified.
It is important to note that the dower payment should be based on the financial capability
of the husband and a poor man should only pay what he can afford in terms of money or
property.
In the case of Kukkiya Begum vs Radha Kishan, AIR 1944 All 241, the Allahabad High Court
ruled that the amount of dower can be increased by mutual consent after the marriage.
(b) Proper Dower-
Proper dower is one of the types of dower in Muslim Law. It is determined when the
husband and wife have not predetermined the amount of dower to be paid.
In such cases, the wife has the right to determine a reasonable and appropriate dower
amount based on her own judgment. It is important to note that the proper dower is not
dependent on the husband’s earnings or financial ability.

2. As to time-
(a) Prompt Dower (muajjal mahr)
A prompt dower must be paid promptly upon demand.
The husband is obligated to pay the dower as soon as the demand is made, usually before or
immediately after the marriage ceremony and before consummation.
According to Ameer Ali, wife can refuse to enter into conjugal domicile of husband until the
payment of the prompt dower.
(b) Deferred Dower (Muwajjal)
Deferred dower is also known as Mahr-i-Muwajjal.
It is the amount of dower which is payable on the dissolution of the marriage contract, either
by the death of any party or by divorce.
The wife is not entitled to demand the payment of deferred dower unless it has been mutually
agreed upon by the parties.
If there is any agreement as to the payment of deferred dower earlier than the dissolution of
marriage, such an agreement would be valid or binding.
The widow may relinquish her dower at the time of her husband’s funeral by the recital of a
formula. Such a relinquishment must be a voluntary act of the widow.

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