Write a short note on Mahr-i-Misl.

Question: Write a short note on Mahr-i-Misl. [HJS 1996]

Find the answer only on Legal Bites. [Write a short note on Mahr-i-Misl.]

Answer

It is true that under the Mohammedan Law, Mahr or dower means a sum of money or other property which the wife is entitled to receive from the husband in consideration of her marriage. However, the expression 'consideration' is not to be understood in the sense in which the word is used in the Contract Act. In effect, the dower is an obligation imposed upon a husband as a mark of respect for the wife.

Normally, the extent of such obligation is determined by the contract entered into between the husband and wife either before or at the time of marriage. It may be fixed even after the marriage has taken place. If the amount of dower is not fixed or the marriage has been performed on the express condition that the wife will not claim any dower, the wife is even then entitled to receive proper dower (mahr-i-misl) from her husband.

If the amount of dower is not fixed, the wife is entitled to a 'proper' dower (mahr-i-misl), even if the marriage was contracted on the express condition that she should not claim any dower. In determining what a "proper" dower is, importance has to be given to the amount of dower settled upon other female members of her father's family, such as her father's sisters.

The criterion for determining a "proper dower" is the social position of the woman's family, the wealth of the husband, the wife's personal qualification, the circumstances or time and condition of society, and the husband's status. Where an excessive dower is promised but proved to be only for show or where no dower is proved to have been fixed at marriage, a "proper dower" should be paid.

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