DOwerBy:

Rashmi dubey FACULTY OF LAW

Meaning and Definition :- In a Muslim marriage, the bridegroom

promises to pay the bride, certain sum of money or other property in

consideration of marriage. The amount or property is called “Dower or

Mahr”. The dower is regarded as a mark of respect to the bride.

Mehr is also known as sadaq, sadakat, niglat, atiya and akr. These words

are attributed as Mehr in different situations and circumstances.

Definition of Dower(Mahr) :- Following are some of the definitions.

Mahr or Dower is a sum that becomes payable by the husband to the wife

on marriage, either by agreement between the parties or by operation of

law. It may either be prompt (Mu’ajjal), or deferred (Mu’wajjal).

Ameer Ali defines – Dower is a consideration for wife’s sole and

exclusive use and benefit.

Introduction

Law of Marriage (compiled by All India Muslim Personal Law Board)

in ‘compendium of Islamic Laws provides –

Dower is the mal(money or property of any kind) which is an obligation of

the man towards the woman as a result of the marriage.(Section 127).

Dower is a financial right arising from the marriage contract which is an

obligation in all circumstances; even if at the time of marriage it was

agreed upon that there will be no dower (Section 128).

The amount of dower may be fixed and paid either before, at the time of,

or after marriage from the assets of the husband. The wife is competent to

relinquish her dower provided she has attained puberty at

the time of relinquishment.

INTRODUCTION

The main object of dower (Mehr) is to provide a livelihood to the wife

and children in the event of divorce. In other words, it protects the wife,

against her husband in exercising the right of divorce. It also supplements

the widow’s share in her husband’s estate after his death. The amount of

dower my be fixed either before or at the time of the marriage. It can be

increased after the marriage.

It can also be fixed by mutual consent after the marriage. It can be settled

by the Judges or Arbitrators.

INTRODUCTION

The amount of dower may be fixed :

(i) By entering into an agreement

(ii) By Operation of Law.

Accordingly, the dower may be classified as follows :

A) Specified Dower (Mehr-i-Musamma)

i) Prompt Dower (Muajjal Mahr)

ii) Deferred Dower (Muwajjal Mahr)

B) Proper Dower or Customary Dower (Mahr-i-Misl).

A) Specified Dower : The amount of dower settled by the Husband is

called ‘specified dower’. If the Husband is a minor, it is settled by the

Guardian. The Specified dower must not be less than 10

dirhams(the basic monetary unit of Morocco and the United Arab

Emirates, equal to 100cm. The amount can be fixed either orally or in

writing.

kinds of dower

Specified Dower may be sub-divided into two kinds namely –

a) Prompt Dower, and

b) Deferred Dower.

Prompt Dower : It is the portion of dower, which is payable on demand is

called prompt dower. The prompt dower may be realised by the wife before

or after consummation. In India, she has a right to refuse to live with her

husband, till her prompt dower is paid.

Deferred Dower : The portion of Dower, which is payable on dissolution

of the marriage, by death or divorce is called ‘Deferred Dower’.

KINDS OF DOWER

B) Proper or Customary Dower : When the amount of dower is not fixed(at

the time of the marriage) under the contract, then the wife is entitled to

proper dower.

In fixing the amount of the mahr-i-misl regard must be paid to local

customs, with special reference to the dower of the woman who are equal

of the female in question, in knowledge, lineage, wealth, understanding

and such like”.

According to the Sunni authorities, the proper dower is to be fixed with

reference to the social position of her father, and her own personal

qualifications, and considering the amount of dower that has been given to

her female paternal relations, such as

consanguine sisters or paternal aunts.

KINDS OF DOWER

In cases where no examples are available from women of her father’s

family, the court would inquire about the customs among strangers

occupying the same rank in life and under similar circumstances. It should

be noted that in fixing the quantum of proper dower, the husband’s social

position or status is not the criterion.

Under the Shia law, the mahr-i-misl can never exceed 500 dirhams. In case

either party dies before the consummation of marriage, and no dower has

been stipulated in the contract, then the wife is entitled to no dower.

If, at the time of marriage, fixation of mahr, has been left to the discretion

of the husband, then he may fix any amount of mahr, but if it is left to the

discretion of the wife, she cannot fix it at more than 500 dirhams.

KINDS OF DOWER

The Wife can remit a part or whole of the dower in favor of her husband or

his heirs. The remission must have been made with free consent.

NATURE AND ENFORCEMENT OF DOWER : If the dower is not paid, the wife can enforce it by filing a suit against her

husband. If she dies, her legal heirs can sue. The period of limitation is

three years.

In case of prompt dower, the period of limitation starts, when the dower is

demanded and refused. In case of deferred dower it starts from the date of

dissolution of marriage by death or divorce.

REMISSION OF DOWER

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