Dower
Introduction:
Historical Background:
Pre Islamic dower:
In pre Islamic Arabia two forms of following marriages were prevalent: Beena Form and Baal
Form. In Bina form of marriage, the wife did not accompany her husband to his home but
continued to stay in her own home and the husband visited her there.In this way,there was a
custom to give his wife a gift at the time of marriage, which was known as Sadaq,and the wife
was known as Sadaqa. In the Baal form of marriage, the wife accompanied her husband to his
home and the husband, in consideration of the wife's leaving her parent’s home, used to pay
some amount to her parents and this amount was known as Mahar,or in other words a price of
bride or consideration of marriage.
Post Islamic Dower:
After the promulgation of islam in Arabia, the Prophet (PBUH) ameliorated the position of the
wife in Islam and it was combined with Sadaq, so that it became a settlement or a provision to
the wife.
Definition of Dower:
According to Sir Abdul Rahim:
Mehar is either a sum of money or other form of property to which the wife becomes entitled by
marriage.
Who can make a contract of Dower:
i) The parties who are of sound mind and have attained puberty, may enter into a contract of
Dower themselves or through agents.
ii) The Guardian or his agent also may make a contract of Dower on behalf of a minor or of
unsound person.
Subject matter of Dower:
● A fixed amount of money.
● Anything in the category of property in existence having value forms the subject of
Dower.
● Any movable or immovable property.
Kinds of Dower:
Dower or Mahar is of two kinds:
1) Specified Dower
2) Proper Dower
Specified Dower:(Mahr-e-Musamma)
Meaning of specified Dower:
Specified dower is also known as Mahr-e- Musamma.When the amount of Dower is fixed by a
contract between the parties to the marriage, it is called specified dower.
Payment of Dower:
Husband is liable to pay dower even before or after the dissolution of marriage.
According to Sunni Law:
If the Dower is fixed by the father, it is binding on the sun and the father is not personally liable
to pay it.
According to Shia law:
If the sun has no means to pay the specified hour the father is liable to pay it.
Time for fixation of Specified Dower:
The Dower may be fixed either:
● Before marriage
● At the time of marriage
● After the marriage
Amount of Dower:
According to Hanfi law:
The minimum amount is 10 dirhams.
According to Malikis:
The Malikis fix the amount of Dabur at 3 dirhams.
Additions in amount of Dower:
An addition to Dower with the object of increasing it, may be made at any time after fixing it.
Classification of specified dower:
● Prompt dower
● Deferred dower
Prompt dower:
Prompt Dower, known as Mahr-e-Muajjal is payable immediately after marriage on the demand
of the wife.
Deferred Dower:
The deferred dower is payable on the happening of such an event to which it is deferred.
2) Proper Dower:(Mahr-e-Misal)
When the amount of dower is not fixed by a contract between the parties, the wife is entitled to
proper dower which is fixed by the court.
Fixation of Proper Dower:
Following factors must be considered while determining the amount of proper Dower:
i) Local custom:
In fixing the amount of Mahr-e-Misal, regard must be paid to local customs, with special
reference to the dower of the women who are equal to the female in question, in knowledge,
lineage, wealth, understanding and such like. Where no examples are available from females of
her paternal family, the court would go to the customs among strangers occupying the same
rank in life and under similar circumstances.
ii) Position of the husband:
In determining the amount of proper dower, the position of the husband and his status may also
be observed.
iii) Position of wife’s father:
In determining the amount of proper dower, the social position and the status of the wife's father
is also to be observed.
iv) Reference to dower of female paternal relations:
The proper dower is to be fixed with reference to the amount of dower given to the wife's
paternal relations such as sister, Consanguine sister, paternal aunts etc. If there is no full or
consanguine sister or paternal aunt, the dower given to the uterine sister’s daughter, or uncle’s
daughter may be considered.
v) Personal qualifications:
On determining the amount of proper dower, a wife's personal qualification e.g, her beauty, her
education, her age, her understanding etc is also to be observed.
Conclusion:
