Dower and its importance in Islamic law
1. Introduction:
The Dower is the financial gain that the wife is entitled to receive from her husband by marriage. it is also called Mahr. It may be settled before marriage, or at the time of marriage, or even after the marriage. the right of a wife to dower becomes complete on the consummation of marriage. the amount of dower may be increased after the marriage.
2. Definition of dower:
Fatawe-e-Almgiri
“It is an obligation imposed by the law on the husband as a mark of respect for the wife”.
Mulla:
“Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage.”
3. Importance of dower in Islamic law:
The dower provides protection to the wife against the arbitrary dower of the husband to pronounce divorce. it is a mark of respect to the wife and a check on the power of the husband to divorce.
4. Capacity to make a contract for dower:
The parties who are sound minds and have attained the age of puberty may enter into the contract of dower.
5. Persons who are entitled to make a contract:
The following persons can make the contract of dower.
- a) The parties of the marriage.
- b) Their agents.
- c) Guardian.
- d) Agent of guardian.
6. Subject of dower:
- a) Fixed sum of money.
- b) Anything in the category of property having value.
- c) Property must be existing.
7. Amount of dower:
There is no maximum limit of the amount of the dower but the amount cannot be less than prescribed by the law.
8. Fixation of dower:
Dower may be fixed before the marriage at the time of marriage and after the marriage.
9. Confirmation of dower:
The amount of dower becomes confirmed.
- a. By consummation of marriage or.
- b. By a valid retirement khalwat-e-sahira or.
- c. By the death of either party i. e husband or wife.
10. Kinds of dower:
I. Specified dower:
An amount settled by the parties at the time of marriage or after is called a specified downer. it is also known as Mahr-I-Musamma.
Classification of specified dower:
Specified dower may be classified into the following.
(a) Prompt dower:
Prompt dower is payable 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.
(b) Deferred dower:
Deferred dower is payable on the dissolution of marriage either death or divorce.
II. Unspecified dower:
Where dower has not been settled at the time of the marriage or after is called unspecified dower.
(a) Classification of unspecified dower:
Unspecified dower may be classified into the following.
(b) Proper dower:
Proper dower is fixed concerning the social status of the wife and her own personal qualification.
Determination of proper dower:
The following facts are taken into consideration while determining the amount of dower.
- a) Local custom of the society.
- b) Personal skills and qualifications of the wife.
- c) Social position of the husband.
- d) Social status of the father of the wife.
- e) Amount of dower fixed in case of wife's sisters, paternal aunts and others nearest relatives.
11. Remission of dower:
A wife may remit the dower or any part thereof in favor of the husband or his heirs.
(a) Condition:
Remission must be made with free consent.
12. Conclusion:
To conclude I can say that, 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.