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Understanding Dower in Muslim Law

The document discusses the concept of dower (Mahr) under Muslim law, defining it as a legal obligation from the husband to the wife upon marriage, meant to honor and protect the wife. It outlines the types of dower, including specified (prompt and deferred) and unspecified dower, along with the minimum and maximum amounts applicable across different Islamic schools of thought. Additionally, it details the payment conditions based on the status of the marriage and its dissolution.

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mdeliasaliikram2006
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17 views13 pages

Understanding Dower in Muslim Law

The document discusses the concept of dower (Mahr) under Muslim law, defining it as a legal obligation from the husband to the wife upon marriage, meant to honor and protect the wife. It outlines the types of dower, including specified (prompt and deferred) and unspecified dower, along with the minimum and maximum amounts applicable across different Islamic schools of thought. Additionally, it details the payment conditions based on the status of the marriage and its dissolution.

Uploaded by

mdeliasaliikram2006
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

DOWER UNDER

MUSLIM LAW
Ahnaf Zishan Shin,
Department of Law JnU
DEFINITION
▪ TYABJI: "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."
NATURE OF DOWER
▪ Justice Mahmood, in Abdul Kadir v. Salima
(1886), described the nature of dower under
Muslim law as:"Dower under Muslim law is not
the consideration for marriage, but it is an
obligation imposed by law as a mark of respect
to the wife."
NATURE OF In essence, according to him:
DOWER
It is a legal obligation arising from
marriage.

It is not a price for the contract of marriage


(i.e., not like a sale consideration).

Its purpose is to protect and honour the


wife, ensuring her financial security.
KINDS OF DOWER

1. Specified: 2. Unspecified:
Dower may be: Prompt or Proper Dower
Defferd or Mohr-ul Misl
SPECIFIED Specified: An amount settled by the
DOWER parties at the time of marriage or
after.

Specified Dower are 2 kinds:

• 1. Prompt: Payable on demand. The prompt


portion of the dower may be realised by the
wife at any time before or after consummation.
SPECIFIED Under the customary law if the prompt
DOWER dower is not paid on demand, the wife
has a right to refuse conjugal rights

2. Deffered Dower: Deffered dower is


payable on the dissolution of marriage
by death or divorce.

It couldn’t be so demanded by wife.


UNSPECIFIED In such cases where the
DOWER dower has not been
settled at the time of the
marriage or after.

It is fixed with reference to


the social position of the
wife's family and her own
qualifications.
UNSPECIFIED Help would be taken by taking into
account the amounts of dower fixed in
DOWER case of wife's sister, paternal aunts etc.

According to Hedaya: Wife's age,


beauty, intellect & virtue

Such dowers are called Mahr ul misl


MINIMUM AND ➤ Minimum:

MAXIMUM ☞ Hanafis: 10 dirhams

AMOUNTS OF ☞ Malikis: 3 dirhams

DOWER
☞ Shafis & Shias: No minimum

➤ Maximum:

☞ Sunnis: No maximum (Fyzee cites an example Rs 2,20,00,000)

☞ Shias: There is a tendency not to stipulate for a sum higher than the minimum
fixed by the Prophet for his favourite daughter Fatima, wife of Ali, namely 500
dirhams
AMOUNTS OF DOWER AND
PAYMENT CONDITIONS

1. If the marriage is consummated and


dissolved by death:
▪ Regular marriage:

a. Whole of the specified dower


b. Proper dower if unspecified
▪ Irregular marrige:

Specified or proper dower, whichever


is less
AMOUNTS OF DOWER AND
PAYMENT CONDITIONS
▪ 2. If the marriage is not
consummated and dissolved by
the act of parties:
▪ ☞ Regular marriage and divorced
by husband: a. half of the
specified dower b. a present of
three articles if unspecified
▪ ☞ Irregular marrige: No dower
▪ ☞ Divorced by wife: No dower
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