What is meant by specific dower?

Question: What is meant by specific dower? [DJS 1976]

Find the answer only on Legal Bites. [What is meant by "specific dower"?]

Answer

Specified dower (Mahr-i-musamma) is one type of Mahr that is usually fixed at the time of marriage but it is also fixed after the marriage. It is the payment of a specific amount of sum of money or property as decided specifically between the parties of the marriage. Hence, there lies no scope of interpretation of the amount of the dower required to be paid.

Mahr fixed by the father on behalf of his minor son is binding on the minor son on his majority. However, under Hanafi Law, the father is not personally liable for the Mahr, but in Ithna Ashari Law, the father is also held liable. Where the amount has been specified, the husband will be compelled to pay the whole of it, howsoever excessive it may be.

But in Oudth, only a reasonable amount will be granted if the court deemed the amount excessive or fictitious. Sometimes, for the purpose of glorification, a large Mahr for the purposes of show is announced, but the real Mahr is smaller. Such a Mahr, for the purposes of the show, is fictitious. But this will be a fraud on Law and defeats the very purpose and hence must not be allowed to be given recognition in law.

The dower to be paid is different in Sunni Law and Shia Law. Under Sunni law, the lower amount to which the woman is entitled is at least 12-13 Rupees. This is at least 10 Dirhams. But there is no upper limit to the dower. On the other hand, Shia law does not prescribe any specific lower amount to be paid to the woman. And the maximum amount of the dower in both the Sunni and Shia law is not provided for. But what needs to be asserted is that the payment of dower is on the basis of the economic background of the man. And hence, a poor man shall be liable to pay only as much money or property as he can.

Prompt dower

The dower is divided into two payment modes: prompt payment and deferred payment. As the name suggests, a prompt dower needs to be paid promptly. This means the husband is liable to pay the dower as soon as the demand for it is made.

The prompt dower is usually paid just before the marriage or as soon as the marriage is over. This dower is required to be paid before the consummation of marriage is made. Hence it can be said that the man has the right to restitution of conjugal rights only after the payment of the dower is carried out. Therefore, it would not be wrong to infer that the dower is a pre-condition to the right to conjugal rights.

Deferred dower

This is also called Muwjjal. This form of payment of dower is only applicable to the occurrence of dissolving of a marriage. Now this dissolution can be under two circumstances:

Death of the husband: When the woman's husband dies, the woman is entitled to pay an amount of dower. Now, this can either be prompt or specified.

So the wife can either decide the amount of payment which either the man or his heirs are liable to pay to her by way of dower. Or the amount of dower is fixed between the man and woman before or after the marriage. And the woman is also entitled to the right to lien over the property under circumstances where the legal heirs have failed to give the dower.

By way of divorce

This mahr is paid under a circumstance where the marriage has not been consummated between the couple. The woman or the wife is entitled only to receive half the dower. On the other hand, if the marriage is consummated, she has the right to receive the entire amount of dower. The dower should be fully paid for as soon as possible and should be more immediate.

It further needs to be asserted that dower does not depend on a contingency event or on a happening of an event. The woman is entitled to the entire amount of Mehrsed's husband she can exercise a lien over the possession of the property until the dower is paid to her.

• Muslim Law – Notes, Case Laws, And Study Material
• Test Series for Competitions