Definition and Purpose of Dower

In English law, dower is defined as the portion of a deceased husband’s lands that a
widow receives for her sustenance and the upbringing of her children. However, in
Islamic law, dower is explained as the payment made by the husband to the wife at the
time of marriage as a consideration for the union. Its primary objective is to secure the
wife’s well-being and provide for her after the termination of the marriage, whether
through divorce or the husband’s death.

Concept of Dower in Muslim Law

Muslim law recognises dower as an essential component of a marriage contract. Unlike
a civil contract, the consideration in a Muslim marriage is the dower itself. The husband
is obligated to pay the dower to the wife as a sign of respect and acknowledgement of
her rights. It signifies the husband’s commitment to support and provide for his wife
throughout the marriage and in the event of its dissolution.

Legal Perspectives on Dower

In India, where Muslim Personal Laws are recognised, there is no specific definition of
the dower amount. Different High Courts and the Supreme Court have offered varying
interpretations and concepts relating to dower. However, it is universally acknowledged
that dower holds great importance in Muslim law, ensuring the wife’s well-being and
preventing her from falling into helplessness.

Types of Dower in Muslim Law

Muta Dower

Muta marriage is one of the kinds of dower in Muslim Law. It refers to a marriage that is
contracted for a specific period of time. In the case where the marriage is not
consummated, the woman is entitled to receive only half of the agreed dower. However,
if the marriage is consummated, the wife is entitled to the full dower amount. However,
if the wife decides to leave the marriage before the specified duration, she will not be
entitled to the dower or “Mehr”.

Specified Dower
Specified dower is another type of dower in Muslim Law. It refers to a specific amount of
money or property that is mutually agreed upon by the parties involved in the marriage.
The amount of dower differs between Sunni Law and Shia Law. Under Sunni law, the
minimum amount entitled to the woman is 12-13 Rupees, which is equivalent to at least
10 Dirhams, with no upper limit specified.

In contrast, Shia law does not provide a specific lower amount and the maximum
amount is also not specified. It is important to note that the dower payment should be
based on the financial capability of the husband and a poor man should only pay what
he can afford in terms of money or property.

If the dower amount has been determined prior to or at the time of the marriage, it is
referred to as a specified dower or Mahr-i-musamma. In the case of Kukkiya Begum vs
Radha Kishan, AIR 1944 All 241, the Allahabad High Court ruled that the amount of
dower can be increased by mutual consent after the marriage.

Prompt Dower

The dower payment is further categorised into prompt payment and deferred payment.
A prompt dower, as the name suggests, must be paid promptly upon demand. The
husband is obligated to pay the dower as soon as the demand is made, usually before
or immediately after the marriage ceremony and before consummation.

Consequently, the husband’s right to restitution of conjugal rights arises only after the
dower payment has been fulfilled. Therefore, it can be inferred that the dower should be
paid before the marital relationship is consummated.

In the case of Rabia Khatoon vs Mukhtar Ahmed, AIR 1966 All 548, the Allahabad
High Court ruled that a wife may refuse to live with her husband or engage in sexual
intercourse until the prompt dower has been paid. It was further stated that the prompt
dower is payable upon demand and proof of sexual intercourse is not necessary to claim
payment.

Deferred Dower

Deferred dower, also known as Mahr-i-Muwajjal, refers to a dower that is not

immediately payable after the consummation of the marriage. It becomes due only
upon the occurrence of a specific event, the expiration of a particular period or the
dissolution of the marriage through death or divorce. The wife is not entitled to demand
the payment of deferred dower unless it has been mutually agreed upon by the parties.
Proper Dower

Proper dower is one of the types of dower in Muslim Law. It is determined when the
husband and wife have not predetermined the amount of dower to be paid. In such
cases, the wife has the right to determine a reasonable and appropriate dower amount
based on her own judgment. It is important to note that the proper dower is not
dependent on the husband’s earnings or financial ability.

Conclusion
There are 4 types of Dower in Muslim law. Muta dower, a temporary marriage
arrangement, outlines specific conditions for the payment of dower based on
consummation and duration. Specified dower establishes a fixed amount or property
agreed upon by the parties involved, with variations between Sunni and Shia law.
Prompt dower necessitates immediate payment, ensuring that the husband fulfils his
financial obligations before the marriage is consummated. Deferred dower, on the other
hand, becomes payable upon certain events or the dissolution of the marriage.

Lastly, proper dower offers flexibility for a wife to determine a suitable dower amount
when no pre-decision has been made, irrespective of the husband’s financial status.
Each type of dower serves a distinct purpose and is subject to specific conditions as per
legal traditions and agreements between the parties.