DOWER

1. Define dowers and its different kinds, explaining the importance of Dower?
(Annual 2012)
2. Describe Dowers and discuss its different kinds? (Suppl. 2008, 2011)
3. Describe the importance of dowers in a marriage contract?
(Annual 2009, 2010)
4. Define Dowers and its different kinds in the light of Quran and Sunnah?
(Suppl 2010)
5. What remedies are available to a wife if she has not been paid the dower?
(Suppl 2009)
6. What prompt and deferred Dower? What remedies are available to wife if
dower is not paid? (Annual 2008)

1)_ Introduction
Dower is one of the conditions of validity of marriage and an agreement to
forgo it and in Muhammadan Law the male is compulsory to pay
consideration to female for marrying with each other to binding them in
the relation of Husband and wife.

2)_ In Islamic Law

Maher belongs absolutely to the wife.

3)_ According to Quran

“And give unto the women (whom ye marry) free gift of their marriage
portion and his words” (Quran 4:4)

4)_ Definition of Dower

Maher or Dower is the sum of money or other property which the wife is
entitled to received from Husband in consideration of the marriage.

5)_ According to Hazrat Ali (R.A)

“There can be no marriage without dower.”

6)_ Kinds of Dower

The following are the kinds of Dower.

7) Dower

Specified Dower Unspecified Dower

Al Mahrul Musamma Mahrul mithl
Mahr ul Aqd Proper Dower
8)_ Specified Dower
Specified Dower is that one which is specified at the time of marriage
contract between the parties.

9)_ Unspecified Dower

Where dower has not been settled at the time of the marriage or after is
called unspecified dower. Unspecified dower may be classified into Proper
Dower.

10)_ Specified Dower

Prompt Dower Deferred Dower

Mu, ajjal Ghair Mu Ajjal

11)_ Prompt Dower (Mu’ajjal)

It is derived from a root meaning ‘to hasten, to precede’. Prompt
dower is payable immediately on demand. It may also be demanded before
the consummation of the marriage the wife may refuse to live with him
unless he pays the prompt dower.

12)_ Deferred Dower ( Ghair Muw’ajjal)

Deferred dower is payable on the dissolution of marriage either by death or

by divorce. When dower is fixed, it is usual to split it into two equal parts
and to stipulate that one shall be paid at once or on demand, and the other
on the death of the husband or divorce or the happening of some specified
event. But a difficulty arises when it is not settled whether the dower is
prompt of deferred.

13)_ Amount of Dower

There is no specific manner to determine the value for dower but
with free consent but there is some levels to indicate the dower minimum
and maximum value for it.

14)_ Minimum Dower

The following are the minimum value given by different school of
thoughts.
 Hanafi Law
10 Durham

Maliki Law Shafi Law

3 Durham No Fixation

Shia Law
No Fixation
15)_ Maximum Dower
The following are the maximum value given by the different school of
thoughts.

Sunni Law Shia Law

No Fixation 500 Durham

16)_ Addition of Dower

The husband may at any time after the marriage increase the dower
even during iddat.

17)_ Hiba-Tul-Mahr
The remission of dower by the wife is called Hiba-Tul-Mahr.

18)_ When no dower mention

The dower is payable in any condition either is mentioned or not.

19)_ FIXATION OF DOWER:

Dower may be fixed before the marriage at the time of Marriage and
after the marriage.

20)_ CONFIRMATION OF DOWER:

The amount of Dower becomes confirm:

I. By consummation of marriage of
II. By a failed retirement khalwat-e-sahira or
III. By the death of either party i.e. husband or wife
21)_ Determination of Proper Dower
Following facts are taken into consideration while determining the
amount of dower.
I. Local custom of the society.
II. Personal skill and qualification of the wife.
III. Social position of the husband.
IV. Social status of father of the wife.
V. Amount of Dower fixed in case of wife’s sisters, paternal aunts and
others nearest elatives.

22)_ Increase or Decrease of Dower

The husband may at any time after marriage increase the dower.
Likewise, the wife may remit the dower, wholly or partially and a Muslim
girl who has attained puberty is competent to relinquish her mahr,
although she may not have attained majority (18 years) within the meaning
of the Indian Majority Act. The remission of the mahr by a wife is called
hibatu’l mahr or hiba-i-mahr.

Shah bano vs. Iftikhar Muhammad,

PLD 1956 (W.P), Kar.363
It has, however, been held in Karachi that in certain cases remission
of dower cannot be upheld.

23)_ Enforcement of Dower

The claim of the wife or widow for the unpaid portion of mahr is an
unsecured debt due to her from her husband or his estate, respectively. It
ranks ratably with unsecured debts, and is an actionable claim. During her
lifetime the wife can recover the debt herself from the estate of the wife,
including the husband, become entitled to her dower.

24)_ Refusal of payment of Dower to Wife

If a husband refuses to pay prompt dower, the guardian of a minor
wife has the right to refuse to allow her to be sent to the husband’s house;
and similarly, the wife may refuse the husband his conjugal rights, provided
no consummation has taken place. The wife is under Islamic Law entitled to
refuse herself to her husband until the prompt dower is paid; and if in such
circumstances she happens to reside apart from him, the husband is bound
to maintain her.
25)_ Right of Wife on refusal of dower from husband
This right of refusing herself is, however, lost on consummation. Thus
if the husband files a suit for restitution of conjugal rights before
cohabitation, non-payment of prompt dower is a complete defence; but
after cohabitation, the proper course for the court is to pass a decree for
restitution conditional on payment of prompt dower.

26)_ Leading Case

Anis Begum v. Muhammad Istafa Wali Khan.
The non-payment of deferred doer by its very nature cannot confer
any such right of refusal on the wife. The right to enforce payment arises
only on death, divorce or the happening of a specified event.

27)_ The widow’s Right of Retention

Islamic law gives to the widow, whose dower has remained unpaid, a
very special right to enforce her demand. This is known as the widow’s right
of retention.

28)_ Leading Case

Maina Bibi v. Chaudhry Vakil
Ahmad their Lordships expressed a doubt whether a widow could
transfer the dower debt or the right to retain the estate until the mahr was
paid. The Mysore High Court had decided that the right is both heritable
and transferable, and not a lien, and as such, it is not transferable, Although
there is a conflict of opinion, in view of Kapore Chand’s Case, the balance of
authority seems to be in favour of the Patna view.

29)_ REMISSION OF DOWER

A wife may remit the dower or any part thereof in favour of the
husband or his heirs.

30)_ Condition
Remission must be made with free consent.

31)_ CONCLUSION
The Dower is a sum of money or other property which the wife is
entitled to receive from her husband. It becomes complete on the
consummation of the marriage. There is no, limit on the minimum amount
of the dower. The amount of dower can be increased after the marriage.