ALIGARH MUSLIM UNIVERSITY

FACULTY OF LAW

SESSION – 2022-23
PROJECT WORK

MUSLIM LAW

TOPIC- CONCEPT OF DOWER (MAHR)

NAME- KHAN MOHAMMAD OBAIDA

ROLL NO- 21 B.A.LL.B 48
SECTION – A
SEMESTER- IV
ENROLLMENT NO- GM9023

SUBMITTED TO- DR. WASEEM ALI (PROFESSOR)

 ACKNOWLEDGEMENT

First of all I would like to express our special thanks to the almighty God for able to complete
this work within the limited period of time.
Secondly I would like to pay my thanks to our Muslim law teacher Dr Waseem ali sir who has
given me this opportunity to make this project and provide us help with his vast knowledge and
inspiration.
In the end I would like to thanks to all who supported.

KHAN MOHAMMAD OBAIDA

21B.A.LL.B 48
 TOPIC- CONCEPT OF DOWER ( MAHR )

INTRODUCTION

“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”

According to Ameer Ali, “Dower is a consideration which belongs absolutely to wife”

Mahr, also known as dower or bride price, is a mandatory payment made by the groom to the bride
at the time of marriage in Islamic law. It is considered an essential element of a Muslim marriage
contract and serves as a symbol of the husband’s commitment and responsibility towards his wife.

Mahr is mentioned in the Quran as a gift given by the groom to the bride. In Surah An-Nisa, Verse
4, Allah says, “And give the women [upon marriage] their [bridal] gifts graciously. But if they
give up willingly to you anything of it, then take it in satisfaction and ease.” This verse emphasizes
the importance of treating women kindly and giving them their bridal gifts or mahr willingly and
with sincerity.

The amount of mahr Is agreed upon by the bride and groom at the time of the marriage contract or
it can be letter given or if it is not fixed at the time of marriage it can be fixed by law in case of
absence of Mahr the marriage will be declared as invalid.

Mahr can be in the form of money, property, or any other valuable asset. The amount of mahr
varies according to the financial status of the groom and the bride’s family, but it should be a
reasonable amount that the groom can afford.

The mahr is paid to the bride at the time of the marriage, and it becomes her property, which she
can use or dispose of as she pleases.

IMPORTANCE OF DOWER
Firstly, it is a symbol of the husband’s commitment and responsibility towards his wife. By giving
mahr, the husband shows his willingness to provide for his wife and take care of her needs. It also
serves as a form of security for the wife in case of divorce or the husband’s death. The mahr
becomes the property of the wife, which she can use to support herself if she needs to.

Secondly, mahr serves as a means of protecting the wife’s dignity and honor. In many societies,
the payment of mahr is seen as a sign of respect towards the bride and her family. It is a way of
acknowledging her worth and value as a human being and as a wife. Mahr also ensures that the
wife is not seen as a commodity that can be bought or sold, but rather as a partner who deserves
respect and honor.

Thirdly Dower serves as a form of security for the wife in case of divorce or the husband’s death.
The dower amount becomes the property of the wife, which she can use to support herself if she
needs to. This ensures that the wife is not left destitute or without any financial support in case of
a marital breakdown.

LEGISLATURE’S RIGHT TO MAKE A LEGISLATION IN RESPECT OF

REASONABLE DOWER—

According to Muslim law, on the dissolution of marriage, the wife cam claim her dower money. It
is possible that the amount of dower may be very high or it may be very low. There were cases
where the husband was having sufficient source of income but the amount of dower was so mearge,
that it was not possible for the wife to maintain herself without that and , therefore the legislature
was given full power to make law providing that the court will not be bound to award the amount
of dower according to marriage deed.

FIXATION OF MAHR

The Indian Ulema recommended in a seminar that mahr should be fixed in terms of gold or silver
so that the rights of women are fully protected in the event of fall in the values of currencies.
INCREASE OR DECREASE OF MARRIAGE

The husband may at any time after marriage increase the dower. Likewise, the wife may remit the
dower wholly or partially. A Muslim girl who has attained puberty is competent to relinquish her
mahr although she may not attained majority(18 years within the Indian majority Act) the
remission made by the wife, should be with free consent. The remission of the mahr by a wife is
called Hibe-e-mahr.

In case where the wife was subject to mental distress, on account of her husband’s death the
remission of dower , was considered as against her consent and not binding on her.

CLASSIFICATION OF DOWER

The dower may be classified into two parts —

1.SPECIFIED SOWER ( MAHR-i- MUSAMMA )

• PROMPT DOWER
• DEFERRED DOWER

2. UNSPECIFIED DOWER

1.SPECIFIED DOWER

If the amount of dower is stated in the marriage contract, it is called the specified dower. Dower
may be settled by the parties to the marriage either before the marriage or at the time of the
marriage or even after the marriage. If a marriage a lunatic or minor is contracted by a guardian,
as guardian can fix the amount of dower. Dower fixed by the guardian is binding on the minor
boy and he cannot on attaining the age of puberty take the plea that he was not party to it .
Even after the marriage of such minor or lunatic boy, the guardian can settle the amount of
dower , provided that at the time of settlement of dower , the boy is still minor or lunatic.
 The husband may settle any amount he likes by way of dower upon his wife,
though it may leave nothing to this heirs after payment of the amount . But he
cannot in any case settle less than dirham ( the money value of 10 dirhams in
between 3 and 4 rupees) according to hanafi law and 3 dirhams according to Maliki . Shia does
not fix any minimum amount for dower.

For those Muslim husband’s who are very poor and not in a position to pay even 10 dirham to
the wife as dower, the prophet has directed them to teach Qur’an to the wife In line of dower.
There is no limit to the maximum amount of dower.

In KUKKIYA BEGUM VS. RADHA KISHAN, AIR 1944 All 241, the
Allahabad High Court held that amount of dower fixed earlier may be increased after the
marriage by mutual consent.

As already stated, specified dower is again subdivided into 2 —

1. PROMPT DOWER
2. DEFERRED DOWER

PROMPT DOWER—

A specified dower which is payable immediately after the marriage or at any other time on the
wife’s demand is called prompt dower. It may be realized before or after consummation and it
does not get deferred after consummation of the marriage.

Wife has the right to sue for recovery of prompt dower even after consummation of the marriage.
Unless the marriage has already been consummated, the husband becomes entitled to enforce
conjugal rights only after the payment of prompt dower.

In RABIA KHATOON VS. MUKHTAR AHMED, AIR 1966 All 548, the
Allahabad High Court held that the wife may refuse to live with her husband and to admit to sexual
intercourse until prompt dower has been paid. It was further held that prompt dower is payable on
demand and proof of sexual intercourse between the parties is not necessary for claiming payment.
DEFERRED DOWER:

If a specified dower is not payable immediately after marriage and is payable upon the happening
of any event or after the expiry of a particular period or upon the dissolution of marriage, it is
called deferred dower or Mahr-i-Muwajjal. The wife is not entitled to demand payment of deferred
dower unless otherwise agreed upon by the parties. The wife’s interest in deferred dower is a vested
one and not a contingent one. On the death of the husband, the wife has the right to relinquish her
dower but the relinquishment must be voluntary.

If no period or event has been fixed for payment of the deferred dower, it shall be payable on the
termination of the marriage by divorce or by the death of either party.

UNSPECIFIED DOWER:

If the amount of dower has not been fixed between the parties, before or at the time of marriage,
the wife is entitled to get a reasonable amount from the husband as dower. This dower is called
proper dower or Mahr-i-Misl. It is payable on demand by the wife. Even if the marriage has been
solemnized on the condition that the wife shall not claim dower, she is still entitled to claim proper
dowe from the husband. The amount of proper dower is generally fixed by the Court taking the
following factors into consideration: personal qualifications of the wife.

• Wife’s age, beauty, fortune, understanding, and virtue.

• The social position of the wife’s father’s family.
• Economic status of the husband.
• Dower generally settled for women in wife’s father’s family such as her sister, paternal
aunt or paternal parallel cousin, etc.

DIFFERENCE BETWEEN SUNNI AND SHIA LAWS RELATING TO

DOWER:

SUNNI LAW:
1.A minimum limit of 10 dirhams is prescribed for specified dower

2.There is no limit to proper dower.

3.There is no maximum limit for specific dower.

4.If marriage is dissolved by death and dower has not been specified, or it is agreed that no dower
shall be payable, proper dower would be due whether the marriage was consummated or not.

5.An agreement that no dower shall be due is void.

6.In the absence of an agreement only a reasonable part of the dower is presumed to be prompt.

SHIA LAW:

1.No minimum limit is prescribed.

2.Proper dower cannot exceed 500 dirhams.

3.Fixing of dower exceeding 500 dirhams is considered abominable though not illegal.

4.In such case no dower would be due if the marriage was not consummated. Such agreement by
sane and adult wife is valid.

WIFE’S RIGHTS AND REMEDIES ON NON- PAYMENT OF DOWER

1.REFUSAL OF CONJUGAL RIGHTS

Before consummation of the marriage, the wife is entitled to deny cohabitation to the husband till
He gives her Prompt Dower on demand. It is to be noted that under Muslim law a husband has
Right to cohabit with his wife and she cannot refuse the same without any reasonable excuse.

But non-payment of Prompt Dower before consummation is a lawful justification for the wife to
Refuse cohabitation. A Muslim-wife can refuse to live with her husband and refuse to him the
Sexual intercourse so long as the Prompt Dower is not paid to her.

NASRA BEGAM V. RIZWAN ALI

The Allahabad High Court held that the right to dower comes into existence before cohabitation
And Prompt Dower may be demanded even before the cohabitation.Where the wife is minor or
insane, her guardian can refuse to allow the husband to take his wife With him till the Prompt
Dower has been paid. If the minor wife is already in the custody of her Husband, such guardian
can take her back on the ground of nonpayment of Prompt DowerBut, where the consummation
has taken place even once, the wife’s right to refuse Consummation is lost. If the marriage has
already been consummated, the husband’s suit for Restitution of conjugal right will not fail on the
ground of non-payment of Prompt Dower.

However, the court has discretion, even in such a case, to pass a decree for restitution of conjugal
Rights subject to the condition of payment of Prompt Dower.

ANIS BEGUM V MUHAMMAD ISTAFA WALI KHAN

The facts were that in the marriage of Anis Begum and Md. Istafa, the Prompt Dower was Rs.
15,000. The husband and wife lived together for some time and a daughter was born to them. Later
on, Anis Begum left the house of her husband and refused to come back till her Prompt Dower
was satisfied. Md. Istafa, the husband, filed a suit for the restitution of conjugal rights. It Was held
by Sulaiman, C.J., that there was no absolute right in a husband to claim conjugal rights
Unconditionally. The courts have discretion to make the decree of restitution of conjugal rights
Conditional on payment of wife’s unpaid Prompt Dower even where the marriage has already
Been consummated. Accordingly, the decree for restitution of conjugal right was passed in Favour
of the husband subject to his payment of Rs, 15,000/-.

2.ENFORCEMENT OF DOWER AS DEBT

Where the marriage has been consummated, the wife cannot enforce her claim by refusing
Conjugal rights to the husband. In such a situation the wife can recover her unpaid dower by
Maintaining an action in a court of law. She may realise it from husband in the same manner as a
Creditor recovers his loan.If the husband dies, the widow is entitled to recover the amount by filing
a suit against the legal Heirs of the deceased husband. But the legal heirs of the husband are not
personally liable to pay The dower. The dower is a debt against the estate of the deceased husband
which is inherited by Heirs.

3.RIGHT TO RETAIN HER DECEASED HUSBANDS PROPERTY

After the death of husband the most effective method of enforcement of dower is the exercise of
Right of retention. A widow, whose dower remains unpaid, has a right to retain the properties of
The husband till her dower debt is satisfied. This right is termed as the right of retention in lieu of
Unpaid dower and it is available to a widow, whether there is any agreement between the parties
For this right or not.Under this right if a wife has taken possession of her husband’s properties
lawfully (with free Consent of the husband) in lieu of unpaid dower, then she is entitled to retain
that possession after The death of her husband, until her dower is paid out of the properties retained
by her.This right is exercised against the creditors, if any, of her deceased husband, and his legal
heirs. The legal heirs of the husband cannot get possession (and benefit) of the properties of the
Deceased until they make payments towards unpaid dower in proportion of their respective Shares.
Thus, this may be said to be a coercive method of recovery of unpaid dower from Husband’s legal
heirs .The widow has a right of retention of estate against the unpaid dower. However, the widow‘s
Right of retention does not create any right of the widow on the property. She can simply retainthe
possession and appropriate the usufruct until her dower debt is satisfied. The widow cannot Be
made to account for the projects of the estate without being allowed reasonable compensation.

CONCLUSION

Dower has been an essential legal concept throughout history, providing women with a form of
financial security and protection. In many cultures, the dower is an integral part of marriage, and
it ensures that a woman will have a portion of her husband’s estate in case he dies or divorces
her. The dower has evolved over time, with different legal systems and cultures creating their
own versions of this institution.

In modern times, the concept of dower has been redefined and adapted to contemporary needs.
Today, many countries have laws that protect the rights of women, and ensure that they are
entitled to a fair share of marital property upon divorce or the death of their spouse. In some
countries, the concept of dower has been replaced by the concept of a marital property regime,
which provides for equal sharing of property acquired during the marriage.

While the legal landscape has changed, the underlying purpose of dower remains the same: to
ensure that women have financial security in case of death or divorce. The dower serves as a
reminder of the importance of ensuring that women have equal rights and access to resources,
and that they are protected from the economic consequences of marriage breakdown. As society
continues to evolve, it is essential to continue to promote equality and fairness in marriage and
divorce, and to ensure that women are protected and empowered in all aspects of their lives.

BIBLIOGRAPHY

1.AQIL AHMAD, MOHAMMADAN LAW , CENTRAL LAW AGENCY

2. KHALID RASHID, MUSLIM LAW, EBC OUBLICATION

REFERENCE

Legal service India, concept of Dower e- journal, (Last visit on 18 April 2023 at 10 PM )
https://www.legalserviceindia.com/legal/article-5105-mahr-under-muslim-law.html