Kinds of Dower
There are two kinds of Dower specified Dower and unspecified Dower:
1. Specified Dower:
Specified Dower is a fixed Dower. It is paid by the husband to his wife at the time of
marriage, before or after the marriage. In Hanifi school of Muslim law, 10 drihams is
fixed for Dower whereas in Maliki school of Muslim law, 3 drihams is fixed for Dower.
Specified Dower is also known as Mahr- i- mussama.
It is of two types prompt Dower and deferred Dower.
a. Prompt Dower:
Prompt Dower is paid immediately after the marriage.
b. Deferred Dower:
Deferred Dower is paid after happening of a particular event like after
divorce, death of husband, adultery, cruelty , matrimonial offences etc.
c.
2. Unspecified Dower:
Unspecified Dower is not a fixed Dower. It is not specified in kabinama a deed at the
time of marriage, before or after the marriage but it could be demanded by the wife
anytime. When she refused to take Dower she will still entitle to get it. It is fixed by
the court after observations like:
i. Social status of women's father
ii. Economic status of husband
iii. Dower which was given to her female ancestors
iv. Women qualification like her beauty, fortune, age etc.
In the case of Abdul Kadir vs. Salima [i]Justice Mahmood said that husband has to
pay Dower to his wife in consideration of marriage and if she has not mentioned
Dower in deed she is still entitled to get it.
Remedies of unpaid Dower
Rights of women when her Dower is not paid to her:
1. Refusal to cohabit:
When Dower is not paid to her after marriage she can refuse to cohabit with her
husband if no consummation takes place. She can live her parents or guardian until
her Dower s not paid. If consummation takes place between them she can not refuse
to cohabit with her husband. But if she is still refusing to live with him then she is not
entitled to proper Dower, but a conditional Dower.
In the case of Wilayat Hussain v. Allah Rakhi [ii], The court held in this case that
even after consummation of marriage the husband failed to pay mahr to his wife
and on this ground, she can refuse to fulfil her marital obligation.
In the case of Rabia Khatoon vs. Muktat Ahmad [iii], sexual intercourse takes place
with wife's consent, so it was held that proper Dower is of dismissal and she is
entitled for conditional Dower.
2. Debt against husband:
Dower is an unsecured debt against husband. Husband is liable to pay Dower to his
wife if she has not mentioned about Dower in kabinama. If husband is died, she is
still entitled to claim it from his deceased husband's legal heirs.
In the case Syeed David Hussain vs. Farzand Hussain [iv] it was held that a Shia
Muslim stood surety for the payment of the Dower by his minor son. After his death,
his estate was held liable for the payment of his son's mahr and each heir was made
responsible for a portion of the wife's claim in proportion to his share in the estate of
the deceased.
Bano Begum v. Mir Aun Ali [v] In this case, the Bombay High Court held that as per
Muslim law if a widow has never received the amount of Haq Mahr by her deceased
husband when she was divorced, then in such a situation she can approach the
court for the payment of Dower money. Thus, the court will be under an obligation
to pass an order for the recovery of the entire amount mentioned in the nikahnama.
3. Possession of property:
If no Dower is paid to her she can retain his husband's property in lieu of Dower. She
is entitled to get the possession of property only not the ownership of that property.
She has no title to that property so she cannot alienate the property of her husband.
In the case Mama Bibi vs. Chaudhary Vakil Ahmed[vi] , a widow after the death of
her husband, retained her husband's property. In 1902, her husband's legal heirs
challenged it in the court. In 1903, the decision came in favour of legal heirs. In 1907,
Mma Bibi gifted the property to one of her relative. Again legal heirs of husband
challenged it before Privy council and it decided the case in favour of legal heirs of
husband.
Remission of Dower:
Wife can remit the Dower in favour of her husband. She can remit it if she wants to relieve
stress of her husband. Remission of Dower is solely on discretion of wife.
For this purpose some conditions must be fulfilled:
i. If wife attains the age of majority
ii. If she is of sound mind
iii. Dower is remitted by free consent, no undue influence.
iv. Remission can be done after the marriage whether before or after the
consummation of marriage. No remission can take place before the marriage.
v. Remission can takes place even without the consideration.
Rights of Dower
These are the following rights of Dower given to wife:
i. Even after Apostasy she can claim her Dower.
[Link] matrimonial offences like divorce, cruelty, adultery etc. she can claim it.
iii.
Under unspecified Dower, the court can fix her Dower amount.
[Link] is an unsecured debt against husband. Even after the death of her husband she
can claim it from his husband's legal heirs.
v. If no Dower paid by her husband she can attach her husband's property until her
Dower paid.
Limitation period of Dower
Dower is an unsecured paid against husband. If no Dower is paid to wife , she can claim it
within 3 months from the date of Dower refusal. If her husband is died she is still entitled to
claim it from her husband's legal representatives within 3 months from the date of death. If
she is divorced she is entitled to claim it within 3 months from the date of divorce.
Conclusion
In the end we can conclude that before Islam the condition of women was miserable. After
introduction of Islam, many changes took place. One of the drastically change was Dower
which was introduced in favour of Muslim wife. The purpose of Dower is to preserve the
rights of wife. The purpose is that when husband divorces his wife, she can maintain herself
after divorce. Even husband could think twice before utterance of these words.
End-Notes:
i. AIR 1886
ii. AIR 1880
iii. AIR 1966
iv. AIR 1937
v. AIR 1907
vi. AIR 1925