MUSLIM LAW

DOWER

DOWER, WHAT IT IS

The word generally used for dower in the Holy Quran is ajr (pl. ujur,) meaning reward, and a gift that is given to the bride. The word muhr is used in Hudith to signify dower, or the nuptial gift. According to the Holy Quran, the husband gives the mahr as a free gift to the wife, at the time of contracting the marriage. The payment of the mahr on the part of the husband is an admission of the independence of the wife, for she becomes the owner of property immediately on her marriage, though before it she may not have owned anything.

DOWER IN BANGLADESH

Dower, which is known in Bangladesh as Denmohar or Mahrana, is an institution, which is respected more in breach than in observance in this Country. We have seen that in an Islamic marriage, dower is an obligatory gift, payable by the husband to the wife. Accordingly dower has to be stipulated before marriage. The practice however is that dower, in this country, is seldom paid except in cases of dissolution of marriage. The husbands know that they will not be required to pay it and the wives feel that they will not get it. Dower is settled, in rich class, before the solemnization of marriage, mostly at the time of engagement. The amount of dower is fixed, not so much in relation to paying ability of the husband, but in consideration of the prestige of the bride's family and their custom in this respect. In poor class, the dower in generally settled during the marriage ceremony. Dower is fixed in terms of money though there are cases when dower is given in the shape of properties, both moveable and immovable. What is very common in Bangladesh is that in the event of husband dying earlier, relations approach the wife soliciting excuse from her in favour of her late husband in the matter of dower, if due. This is only a mockery of observance of a serious religions injunction. In all classes, dower assumes serious importance at the time of divorce, if unfortunately it occurs. Husbands are required compulsorily then to pay the dower. At any rate on that issue a sure stand on-behalf of the wife becomes possible.

LAW RELATING TO DOWER

 Preliminary Mahr or dower is a sum that becomes payable by the husband to the wife on marriage either by agreement between the parties, or by operation of law. It may be either prompt (mu'ajjal) or deferred (muwajjal). Mahr-ul-mithl (or "proper dower') means the mahr of those similar to the bride, i.e. of other women similarly placed, viz, the bride's fall or consanguine sisters or female descendants of her male agnatic ancestors. Kabin nama is the instrument containing the agreement to pay mahr. The subject of mahr may consist of
  1. any specified thing having value, and existence, except hogs and wine, or
  2. hanafi or the rents and profits of property, or
  3. a promise on the part of the husband Indoor abstain from doing something.

MAHR WHEN DUE AND IN WHAT PORTIONS

 Mahr may be
  1. either prompt, or exigible, (in Arabic mu'ajjal)i.e., payable immediately on marriage if demanded by the wife or
  2. deferred (in Arabic muwajjal) i.e., payable on the dissolution of marriage, or the happening of some specified event.
Mahr is an essential incident to the status of marriage. Regarded as-a consideration for the marriage it is in theory payable before consummation but the law allows its division in two parts, one of which is called 'prompt' payable before the wife can be called open to enter the conjugal domicile, the other 'deferred' payable on the dissolution of the contract by the death of either of the parties or by divorce. The death of the wife is a sufficient dissolution of the marriage, in order to entitle her heirs to claim the deferred dower. The wife may validly agree to a reduction of her mahr, or make a gift (or remission) of the whole of it to her husband, or after his death to his heirs; provided that she voluntarily and deliberately gives up her right.

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