Dower in Muslim Law

Origin of Mahr in Muslims

In pre Islamic Arabia, there was no concept of marriage and people established sexual relationships for the hunger of lust. There was no right for women at that time man used woman as a tissue paper.  They use it and throw it away after satisfaction, there is no dignified life for women. After some time in ancient customs people followed the customs and they married with each other but until then there is no proper law which gives any right to women.

Beena Marriage - It is the marriage form under which the husband  and wife did not live together as the husband used to visit the wife at her home. At that time it was a customary practice to give a gift to the wife at the time of the marriage. And the gift which was given is known as Sadaq. And in Islam Sadaq means dower which is the synonym of the word Mehr.

Definition of Mahr

It is an amount of money which is  mandatory to pay by the husband to his wife at the time of the marriage. It can be done by the agreement between the parties or by operation of the Islamic law. They are two kinds of Mahr or dower (prompt and deferred) which will be discussed below in detail.

According to Ameer Ali the definition of the dower is - A consideration which is absolutely related to the wife.

Whereas  Wilson defines it as a consideration for the surrender of a person by his wife.

Mulla stated that Meher is a sum of money or any property which is given to The wife which is entitled to receive it by husband in the concentration of the marriage. 

The word consideration under the concept of mahr or dower is not the same as it given under the Indian Contract Act. Payment of the dower  is the obligation of the husband  as a mark of respect towards his wife. 

Sometimes it is degraded by saying that it is a surrender of the husband or husband purchasing a woman etc. Though, all these conceptions are totally wrong, and also it is against the law of Islam.

Nature of Dower

The concept of the Meher was firstly  introduced by the prophet Mohammed (pbuh) who made it a compulsory obligation on the husband to pay dower or mahr to his wife while married. It is also stated that it is one of the important parts under the muslim marriages. Without this it cannot be considered as a valid marriage.

In Roman law the similar practice we can see in the maxim of “donatio propter nuptias”. The only difference is this Under the Roman law it was based on voluntary conduct while it is  obligatory in nature under the Muslim law.

Classification of Dower

Under the Muslim law the dower can be classified into two categories which are given below:

1. Specified Dower

  a.Prompt dower

  b.Deferred dower

2. Unspecified Dower

Specified Dower

The specified dower is also known as a mahr-i-musamma. This type of dower can also be further divided into two sub-points: prompt dower and deferred dower. While conducting marriage when the amount is specified of dower then it is known as specified dower.

The amount can be paid by the husband before or during marriage or even after the ceremonies of marriages but with the consent of the wife. In case the husband Is not qualified to fix the amount by the minority then his guardian fixes the amount and it is bindable on the groom. 

Husband can fix any amount as per his wish but there is some minimum amount of dowe has been given in schools. According to Hanfi school the amount of dower should be minimum 10 dirhams and 3 dirhams according to the Maliki School. whereas in shia law there is no minimum amount fixed for the dower.

Prompt dower

This kind of door becomes payable immediately after the marriage ceremony and the husband has binding to perform this essential of marriage. If the prompt dower is not made by the husband then his wife can refuse to make any conjugal rights with her husband, until and unless the amount is paid.

Deferred dower

Deferred dower becomes payable just after the dissolution of marriage. The dissolution of marriage can be made by the death of either party or by divorce. Generally it is made after the dissolution of marriage but if there is an agreement between the parties in which the dower will be paid before the dissolution of marriage then, that agreement can be considered as a valid agreement and binding husband to pay the amount. 

Proper Dower

When the dower amount is not specified in the marriage it becomes a proper dower. Even the amount is not fixed even then the bride is entitled to dower. The amount of proper dower is decided on the basis of the lifestyle of the bridegroom and members of her family. 

For example, her personal qualifications like her beauty, Fortune, age and understanding skills. Also check the social position of her father's family,  an economic condition of her or her family then make this amount under proper dower.