2. 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.
3. 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.
4. 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.
5. 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,
6. 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’.
7. 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.
8. 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.
9. 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.
