Dower (mahr)is a sum of money or other property which
the wife is entitled to receive from the husband in consideration of marriage.
The word consideration is not used in the sense is which the word is used in
the contract Act. Under Islaimic law, dower is an obligation imposed upon the
husband as a mark of respect to the wife. The object of dower is also to place
a check on the capricious use on the part of the husband as divorce the wife.
The husband may settle any amount he likes by way of dower
upon his wife, though it may be beyond his means, and thought nothing may be
left to his heirs after payment of the amount. But he cannot in any case settle
less than ten dirhams.
Kinds of Dower
The different kinds of downer are as under:
1. Specified and Proper Dower
Dower may be “specified” or “proper” according as whether
the amount of dower has been fixed or not.
When the amount is fixed between the parties, it is called
“specified dower”. Such settlemtn usually takes before or at the time of
marriage. The amount s fixed may even tbe increased after the marriage.
If the amount of dower is not fixed the wife is entitled to
‘proper’ downer, even if the marriage was contracted on the express condition
that she should not claim any dower. While determining the4 amount of proper dower,
the following considerations are taken into account:-
a. Personal qualities of the wife
b. Traditions prevailing in the house of wife’s father; and
c. Dower settled upon other sisters fo the wife.
2. Prompt and Deferred Dower
The amount of dower is usually split up into tow parts one
called ‘prompt’ which payable on demand: and the other called ‘deferred’ which
is payable on dissolution of marriage by death or divorce.
The wife may remit the dower or any part thereof in favour
of the husband or his heirs. Such a remission is valid though made without
consideration .
Recovery of Dower
If the dower is not paid, the wife, and after her deathe,
her heirs may sue for it. The period of limitation for suit to recovery
‘prompt’ dower is three years from the date when the continuance of the
marriage no such demand has been made, when the remarriage is dissolved by
death or divorce. The period of limitation for a suit to recover ‘deferred’
dower is three years from the date when the marriage is dissolved by death or
divorce.
The wife may refuse to live with her husband and admit him
to sexual intercourse so long as the prompt dower is not paid. If the husband
sues-her for restitution of conjugal rights before sexual intercourse take
place, non-payment of eh dower is complete defence to the suit, and the suit
will be dismissed. If the suit is brought after sexual intercourse has take
place with her free consent, the proper decree to pass in not a decree of
dismissal, but a decree for restitution conditional on payment of prompt dower;
The heirs of adeceased Muslim are not personally liable for
the dower debt. As in the case of other debts due from the deceased, so in the
case of a dower debt, each heirs is liable for the debt to the extent only of a
share of the debt proportionate to his share of the estate. Each heir can
recover his respective share upon payment of the quota fo the dower debt
proportionate to his share.
The widow can retain the possession of her husband’s
property under a claim for her dower. But this possession does not carry with
it the right to alienate the property by sale, mortgatge, gift or otherwise. If
she alienate the property, the alienation is valid to the extent of her own
share, it does not affect the shares of the other heirs of her husband.
The rights which dower confess on the wife are thereefold.
1. Refusal to cohabit
2. Right to dower as a debt
3. Retention of husband’s property
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