The Concept of Dower Under Muslim

Law

The concept of dower (mahr) in Muslim law is unique.

It refers to a sum of money or property that the
husband promises to give the wife in consideration
of the marriage. Even when no dower is explicitly
mentioned at the marriage, the wife is still entitled to
it under the law. The absence of a specified dower
does not invalidate the marriage. According to Mulla,
“It is an obligation imposed upon the husband as a mark
of respect to the wife.”

It is an essential element of the marriage contract, as

it symbolizes the husband’s commitment to support his
wife financially and provide for her needs throughout
their marriage.
The nature of mehr is such that it is a gift given by the
husband to his wife that is not expected to be
returned unless it has been stipulated as a condition in
the marriage contract. The amount of mehr is agreed
upon by both parties at the time of the marriage
contract, and it can be in the form of cash, property,
or any other valuable asset that the couple agrees
upon.

The nature of mehr is also such that it is a means of

respect and honour for the wife. By making a financial
provision for her, the husband is acknowledging the
value and worth of his wife. It is a way of honouring
her and showing her that she is valued and respected in
the marriage.
Mehr also serves as a means of deterrence against
hasty divorces. If the husband decides to divorce his
wife, he must pay the full amount of the agreed-upon
settlement to her. This encourages the husband to
think carefully before ending the marriage and to try
to resolve any issues that may arise during the course
of the marriage.

Moreover, the nature of marriage is such that it

promotes equity and fairness in the marriage. It
ensures that both parties have a clear understanding
of their rights and responsibilities in the marriage.
This promotes a healthy and happy marriage, as both
parties are aware of what is expected of them and
what they are entitled to in the relationship.
In conclusion, mehr is a requirement in the Islamic
marriage contract for the husband to give his wife
money. It symbolizes the husband’s commitment to
support his wife financially and provide for her needs
throughout their marriage. Mehr is a means of
security, respect, and honour for the wife, and it
promotes equity and fairness in the marriage.

Dower Essential For Muslim Marriage

Dower or Mahr is considered as an important essential

to perform marriage (nikah) in Islam. It is regarded as
a consideration to the wife in marriage. Without it, the
marriage is deemed incomplete. It is in the form of a
gift given by a husband to the wife.

Abdul Kadir vs. Salima, 1886

In this case, Justice Mahmood said that in Muslim Law,

Dower is a sum of money that a husband promises to

pay to the wife in consideration of nikah. And if the

Dower is not fixed at the time of marriage, then the

law gives rights to the wife to decide upon the

non-payment of Dower.

Classification Of Dower

1. According to the Determination of Amount A.

Specified Dower (Mahr-i-Mussama/ Mahr-e-Tafweez)

B. Unspecified/ Proper/ Customary Dower

(Mahr-i-Misl)

2. According to the Time it is payable

A. Prompt Dower (Mu-Ajjal)

B. Deferred Dower (Mu-Wajjal)

Dower can be classified into two categories:​

3. Customary Dower

What is Specified Dower

●​ Specific Dower is also known as Mahr-i-Massuma.

●​ It is that amount that is agreed by the parties
either at the time of marriage or before/ after
the marriage.
●​ Both the parties agree to any quantum of the
dower settled. The husband is bound to pay, that
much dower which is a specified one. In the case
of a lunatic or a minor, the guardian can fix the
amount of dower. Dower fixed by the guardian is
binding upon the boy and attaining puberty or
majority.
●​ Unspecified Dower Unspecified Dower also known
as customary or proper dower.
●​ In Islam, such kind of dower is called as
Mahr-i-Misl.
●​ The wife is entitled to customary dower even if
the amount of dower is not fixed in the contract or
 even if the marriage contract states that the
bride will not claim any dower.
●​ In such cases, the amount of dower shall be fixed
by taking into consideration, the amount of dower
settled for other female members of the father's
family.
●​ The dower amount can also be regulated in terms
of :- Age, fortune, beauty, understanding and
virtue of wife. (i.e. personal qualifications)
Economic/ Financial of the husband. Local Customs.
Social Position of the father.

Prompt Dower

●​ Prompt Dower It is also known as Mu-Ajjal.

●​ Prompt dower means that the dower is payable
immediately upon the marriage.
●​ Until the wife is not paid the dower amount she
has a right to refuse cohabitation with her
husband.
 ●​ If the wife is a minor, until the dower is not paid
the father of the minor can refuse to send his
daughter to the husband.
●​ Prompt dower does not become suspended after
consummation,in fact, the wife still has the right
to demand dower and sue him for the same.
●​ The husband can enforce the conjugal rights only
after the payment of dower. However, the wife
cannot refuse cohabitation if the marriage was
consummated.

Deferred Dower

●​ Deferred dower is known as Mu-wajjal in Islam.

●​ Deferred dower depends on the happening of some
event. It means the payment is postponed.
●​ An agreement to pay before the marriage is valid
and binding, even though it is deferred.
●​ The husband is not exempted from the liability to
pay, but he gets time to pay dower.
 ●​ He can pay the dower during the continuance of
the wedlock. However, the husband is liable to pay
after the dissolution of the marriage.
●​ The deferred Dower is given to the wife if the
marriage dissolves or the husband dies. The
purpose of giving this Dower is the maintenance*
of the wife after the husband.
●​ The Dower, which is to be paid at the time of
marriage like prompt Dower, can become deferred
Dower if the wife doesn’t demand immediately
after marriage. The moment she demands the sum
of Dower, the Dower is no more deferred and has
to be paid to the wife immediately.

What is Customary Dower

If at the time of marriage, the amount of Dower is not

fixed by the parties or the parties agree to the fact

that the wife will not claim any dower after marriage.

Then in such a situation, the wife is entitled to

customary Dower.
The basis for determining customary Dower is-

1. The personal qualification of the wife. Everything is

considered from her beauty to intelligence.​
2. The social status of the wife’s father and family
background is considered.​
3. The amount of Dower given to her family females is
considered.​
4. The economic and social status of the husband is
also taken into consideration.​
5. The other factors, such as present circumstances
and family situations at the time of determining Dower.

Object & Importance Of Dower

The object of Dower are:

●​ to enforce an obligation on husband as a mark of

respect towards his wife,
●​ to place a check on the misuse of power to give
divorce by the husband,
 ●​ to provide for her livelihood on the dissolution of
her marriage, so that she can lead a dignified life
after the death of her husband or divorce.

Case laws:

●​ Mohammed Ahmed Khan v. Shah Bano Begum

●​ Maina Bibi v. Chaudhary Vakil Ahmed
●​ Hakim Masihuddin v. Abdul Wahid (2010)
●​ Nasra Begum v. Rijwan Ali (1980)
●​ Bano Begum v. Mir Aun Ali
●​ Nasiruddin v. Amatul

Conclusion

The concept of mahr in Islamic law is beneficial for the

woman. It ensures financial security so that she is not
left helpless after the death of the husband or after
the termination of the marriage. It also places a check
on the capricious use of divorce by the husband. It is
also believed that the mahr is a pivotal custom in the
marriages of Muslims.