Write a short note on Dower under Muslim Law.

Question: Write a short note on Dower under Muslim Law.

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Answer

A dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage. The Mahr (Dower) belongs to the wife and she can deal with it in the manner she likes and neither her husband nor husband’s relations nor even her relations can dictate her in a matter of using the Mahr money or property. Dower or Mahr is considered an important essential to perform a marriage (nikah) in Islam. Without it, the marriage is deemed incomplete. It is in the form of a gift given by a husband to the wife.

Dower can be classified into two categories:

1. Specified Dower:- When the amount of dower is specified in the marriage contract, then that dower is known as Specified Dower. The amount of dower may be settled before or during, even after the marriage ceremony. There are two kinds of Specific Dower i.e. Prompt dower and Deferred dower.

2. Customary Dower:- If at the time of marriage, the amount of Dower is not fixed by the parties or the parties agree to the fact that the wife will not claim any dower after marriage. Then in such a situation, the wife is entitled to the customary Dower

Rights of wife when dower is not paid to her:-

1. The wife has a right to refuse to cohabit with her husband.

2. The wife can file a suit against her husband and recover the sum of the Dower or if the husband has died, she may recover it from his property or heirs.

3. The wife can remain in possession of the husband’s property until the amount of the Dower is paid. But she does not have the right to sell or alienate the property.

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