Q:WHETHER THE DOWER IS AN ESSENTIAL ELEMENT OF A

V A L I D MA R R IA G E ? I S I T A C O N S I D E R A T I O N O F A MA R R IA G E .
• DOWER:
Dower or Mahr is a sum of money that a husband pays to his wife on marriage. The concept of Dower worked
as a sense of security for the wife. If in case, the husband abandons the wife or compels her to move out, the
amount of Dower becomes the source of her livelihood.

According to Mulla,

“It is an obligation imposed upon the husband as a mark of respect to the wife.”

Quranic verses relating to dower:

“There is no blame on you if you divorce women before the consummated or the dower is settled. Pay them
something anyhow, the rich man according to his means and poor according to his, a reasonable amount in all
fairness. This is an obligation on the righteous people.”

“At the time of marriage, give the women their dower willingly as an obligation; but if they, by their own free
will, give up to you a portion of it then you may enjoy it with pleasure”

• Dower Essential For Muslim Marriage

Dower or Mahr is considered as an important essential to perform marriage in Islam. It is regarded as a
consideration to the wife in marriage. Without it, the marriage is deemed incomplete. It is in the form of a gift
given by a husband to the wife.

Abdul Kadir vs. Salima, 1886

In this case, Justice Mahmood said that in Muslim Law, Dower is a sum of money that a husband promises to
pay to the wife in consideration of nikah. And if the Dower is not fixed at the time of marriage, then the law
gives rights to the wife to decide upon the non-payment of Dower.

• CONSIDERATION OF MARRIAGE under section 10:

As section 10 states that:

Where no details about the mode of payment of dower are specified in the nikahnama or the
marriage contract, the entire amount of the dower shall be presumed to be payable on demand.
It is not a consideration for the contract of marriage, but it is an obligation imposed by the law on the husband
as a mark of respect and demonstration of his commitment to his financial responsibilities, stipulated at the
time of 38 marriage. If no sum has been specified she is entitled to her proper dower which is customarily
fixed for the females of the family. The wife's right to dower becomes complete on consummation of marriage
either in fact or what the law regards as such, e.g., by valid retirement . It may be immediate or deferred.
 According to both Sunnis and Shias, the dower may consist of anything that can be valued in money, is
useful and ritually clean. Therefore, the dower may be land, building, cattle, crops, chattels etc. The property
given as dower must be reasonably specified.

Definition of Dower:

Fatawa-e-Almgiri

“it is an obligation imposed by law on the husband, as mark of respect for the wife”

• KINDS OF DOWER:

1. Specified Dower

2. Unspecified Dower

• SPECIFIED DOWER

An amount settled by the parties at the time of marriage or after is called specified dower also

known as Mahr-l-Musamma..

Specified dower classified into the following.

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.

Deferred dower:

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

• UNSPECIFIED DOWER

UNSPECIFIED DOWER IS classified into the following.

PROPER DOWER:

Proper dower is fixed with reference to the social status of the wife and her own personal

qualification.

Following facts are taken into consideration.

I. Local custom of society.

II. Personal skill and qualification of wife.

III. Social position of the husband.

IV. Social status of Father of wife

• IMPORTANCE OF DOWER
The significance of dower lies in the fact that it provides protection to the wife against the inconsistent exercise
of the power of divorce by the husband. Since Muslim law allows the husband to divorce the wife at his
whims, the dower seeks to put a check on the arbitrary exercise of such power. It also acts as a check on the
husband’s recklessness while having more than one wife.

• IMPORTANT FOR WOMEN (DOWER)

• An important part of women’s wealth, including the land

• Declined in importance as a social institution.

• Women may relinquish all part of the payment or discharge a husband from his obligation

• Significant in the event of a divorce, for any deferred dower must be paid in full where the husband
repudiates his wife.

• If a wife seeks a judicial divorce, she is likely to lose any dower payment.

What may be the dower?

Any object of value, any movable or immovable property, can be settled as Dower. Future property
is an exception to this rule. Un-Islamic property (wine) cannot be Dower either. Only lawful. Dower can be
paid, else the wife will be held entitled to a proper Dower. Profits, rents, benefits of life insurance can be
considered as Dower.

Personal services are not the subject matter as per the Sunni law but Shia law recognizes
personal services or the promise to perform personal services by the husband for a specified period may be
regarded as Dower.

• ENFORCEMENT OF THE RIGHT TO DOWER:

1. Possession of the husband’s property:

The possession should have been obtained in lieu of unpaid Dower and not for some other purpose. The
possession should have been attained during the lifetime of the husband or with the consent of the legal heirs
after the death of the husband. The husband should have given implied or express consent to the possession.

2. Only possessory right:

She does not get a title or ownership of the property possessed.The possession remains with her only till the
payment of her unpaid Dower. It is only for effective realization of her dues.

3. Payment of Dower from income of the property:

A widow who takes the benefits of a property will be deemed to have accepted it as contribution towards her
unpaid Dower. She is under an obligation to maintain an accurate account of the properties possessed by her,
the profits as well as the losses.

4. Property is non-transferable:
She cannot gift or transfer the properties possessed in lieu of unpaid Dower, as the widow is not the owner.
The transferee will get no good title

• OBJECTIVE OF DOWER
1. Imposing an obligation on the husband as a mark of respect towards the wife.

2. Placing a check on the capricious exercise of power of divorce by the husband.

3. To provide for the subsistence of the wife after the dissolution of the marriage.

• CONCLUSION
Dower is an essential concept under Muslim Law. It can be concluded that dower is the mark of respect given
to the wife by the husband. A Dower strengthens the position of a Muslim woman in society. Under the
circumstance where the husband passes away the wife is entitled to the proper lien over the property this is
often to make sure that her dower is paid by the legal heirs by way of their share to the property which is
inherited by them from the husband. Dower is an obligation under Muslim law, imposed upon the husband.
Dower is considered to be an essential part of marriage. It may be settled prior to or at the time of or even after
the marriage. Non-specification of dower at the time of marriage does not alter its validity. Therefore Dower
is not a consideration for marriage, rather it is a token of respect from the husband to the wife.