DOWER

1. INTRODUCTION
In Islamic law, dower is explained as the payment made by the husband to the wife at the time
of marriage as a consideration for the union. Its primary objective is to secure the wife’s well-being
and provide for her after the termination of the marriage, whether through divorce or the husband’s
death.

2. Meaning of Dower:
Dower is a consideration on the basis of which a Muslim man and woman enters into a marriage
contract. Dower is basic right of a woman as a consideration in lieu of marriage.

According to Wilson, "Dower is a consideration for the surrender of person by the wife."

3. Origin of Dower:
The origin of dower dates back to the pre-islamic era. With the evaluation of Tribal System, Dower
was considered as a custom and oftenly was disregarded without sanction.

4. Objectives of Dower:
Following are the objectives of Dower:

i. Protection of wife.
ii. Obligation on Husband
iii. Token of respect for wife
iv. Maintenance of wife after divorce

5. Concept of Dower in Muslim Law:

Muslim law recognises dower as an essential component of a marriage contract. Unlike a civil
contract, the consideration in a Muslim marriage is the dower itself. The husband is obligated to pay
the dower to the wife as a sign of respect and acknowledgement of her rights. It signifies the
husband’s commitment to support and provide for his wife throughout the marriage and in the event
of its dissolution.

6. Importance of Dower:
Dower is undoubtedly a precondition and a pre-requisite of a valid matrimonial contract. In order to
constitute a valid marriage Islamic Law ordains that there should always be a consideration made by
husband in favour of wife.

7. Legal Perspectives on Dower:

There is no specific definition of the dower amount. Different High Courts and the Supreme Court
have offered varying interpretations and concepts relating to dower. However, it is universally
acknowledged that dower holds great importance in Muslim law, ensuring the wife’s well-being and
preventing her from falling into helplessness.

8. Subject Matter of Dower:

Under Muslim law dower may be any things, some of dower subject matters are given below
which were used as valuable property for the consideration of marriage as dower during
earlier Islamic period:
1. Teaching Quran;
2. Teaching Islamic rules and regulation, if the wife is non Muslim;
3. A pair of shoes;
4. A handful of dates;
5. The duty of the husband is to serve his wife, if he is a slave;
6. Husband’s services rendered to the guardian of a minor wife;
7. Slavery to the wife by the husband; etc.

9. Types of Dower in Muslim Law:

There are two kinds of Dower specified Dower and Unspecified Dower:
 i. Specified Dower:
Specified Dower is a fixed Dower. It is paid by the husband to his wife at the time of marriage,
before or after the marriage. It is further divided into two kinds:

a. Prompt Dower (Gher-Muwajjal):

A prompt dower, as the name suggests, must be paid promptly upon demand. The husband is
obligated to pay the dower as soon as the demand is made, usually before or immediately after the
marriage ceremony and before consummation. -

b. Deferred Dower (Mahr-e-Muwajjal):

Deferred dower, also known as Mahr-i-Muwajjal, refers to a dower that is not immediately payable
after the consummation of the marriage. It becomes due only upon the occurrence of a specific event,
the expiration of a particular period or the dissolution of the marriage through death or divorce. The
wife is not entitled to demand the payment of deferred dower unless it has been mutually agreed
upon by the parties.

c. Partly Prompt and Partly Deferred:

Dower amount fixed by the parties to marriage can also be partly prompt which is payable
immediately on demand and partly deferred which is to be paid on a certain date or time.

ii. Unspecified Dower:

Unspecified Dower is not a fixed Dower. It is not specified in Nikkahnama at the time of marriage,
before or after the marriage but it could be demanded by the wife anytime. When she refused to take
Dower she will still entitle to get it. It is fixed by the court after observations like:

i. Social status of women's father

ii. Economic status of husband

iii. Dower which was given to her female ancestors

iv. Women qualification like her beauty, fortune, age, etc.#

CASE LAW:
In the case of Abdul Kadir vs. Salima [i]Justice Mahmood said that husband has to pay Dower to
his wife in consideration of marriage and if she has not mentioned Dower in deed she is still entitled
to get it.

d. Dower in Form of Services:

Dower need not to be in form of tangible goods but also can be in form for services.

10. Remedies of Unpaid Dower:

i. Refusal to Cohabit:
When Dower is not paid to her after marriage she can refuse to cohabit with her husband if no
consummation takes place. She can live her parents or guardian until her Dower s not paid. If
consummation takes place between them she cannot refuse to cohabit with her husband. But if she is
still refusing to live with him then she is not entitled to proper Dower, but a conditional Dower.

Case Law:

In the case of Wilayat Hussain v. Allah Rakhi [ii], The court held in this case that even after
consummation of marriage the husband failed to pay mahr to his wife and on this ground, she can
refuse to fulfil her marital obligation.

ii. Debt against husband:

Husband is liable to pay Dower to his wife if she has not mentioned about Dower in Nikkahnama. If
husband is died, she is still entitled to claim it from his deceased husband's legal heirs.

Case Law:

Bano Begum v. Mir Aun Ali [v] In this case, the Bombay High Court held that as per Muslim law if
a widow has never received the amount of Haq Mahr by her deceased husband when she was
divorced, then in such a situation she can approach the court for the payment of Dower money. Thus,
the court will be under an obligation to pass an order for the recovery of the entire amount mentioned
in the nikahnama.
 iii. Possession of Property:

If no Dower is paid to her she can retain his husband's property in lieu of Dower. She is entitled to
get the possession of property only not the ownership of that property. She has no title to that
property so she cannot alienate the property of her husband.

Case Law:

In the case Mama Bibi vs. Chaudhary Vakil Ahmed[vi] , a widow after the death of her husband,
retained her husband's property. In 1902, her husband's legal heirs challenged it in the court. In 1903,
the decision came in favour of legal heirs. In 1907, Mma Bibi gifted the property to one of her
relative. Again legal heirs of husband challenged it before Privy council and it decided the case in
favour of legal heirs of husband.

11. Principles for Payment of Dower:

Dower is the exclusive right of the wife. Payment of dower should be specified in such a manner so
as to remove uncertainty and the payment of dower is the responsibility of the husband. Prompt
Dower is payable immediately on demand and Deferred Dower is not payable till the arrival of
stipulated date. A woman in case of desertion, and neglect of maintenance or in case of second
marriage of husband without her consent may, with or without asking for talaq can justifiably
demand payment of Dower, whether it has been described as prompt or deferred dower.

12. Increase in Amount of Dower:

Dower once settled can always be increased subsequently by the husband or by the mutual
agreement of the parties to marriage. Parties to the marriage can enhance the amount of dower at any
time after its solemnization even, during the subsistence of marriage.

13. Remission of Dower:

Wife can remit the Dower in favour of her husband. She can remit it if she wants to relieve stress of
her husband. Remission of Dower is solely on discretion of wife

For this purpose some conditions must be fulfilled:

 i. If wife attains the age of majority

ii. If she is of sound mind

iii. Dower is remitted by free consent, no undue influence.

iv. Remission can be done after the marriage whether before or after the consummation of
marriage. No remission can take place before the marriage.

v. Remission can takes place even without the consideration.

14. Payment Of Dower When Time Of Payment Was No Mentioned In Nikkahnama:

Where no details about the mode of payment of dower are clearly mentioned in the marital contract
by the parties, Legislature has stepped in to fulfil such omission of the parties. Sections 10 of the
Ordinance ordain clearly that in such condition the whole amount of dower is to be paid on demand.

15. Immoveable Property Given as Dower:

When the husband gives immoveable property as dower and it is incorporated in Nikahnama, such
property becomes the property of the wife. Entries incorporated in the nikahnama are equated to a
registered deed. Wife is entitled to the award of decree, in circumstances.

16. Khulla and Return of Dower:

Wife has to return some consideration to the husband on seeking dissolution of marriage on basis of
khulla. It is not mentioned expressly that to what extent the dower amount is to be repaid in case of
khulla, rather it is the discretion of judge to discretionary power of judge to determine.

17. Gift and Dower:

Exchange of gifts during matrimonial life between spouses cannot be given status of
dower/additional dower.
Enforcing the Right to Dower

If the husband fails to pay the dower, the wife has several options to enforce this right:

1. Legal Action:
o The wife can file a lawsuit in a Shariah court or a family court, depending on the
jurisdiction, to claim her dower. The court can order the husband to pay the dower or
enforce the payment through legal means.

2. Lien on Husband’s Property:

o In some jurisdictions, the wife can place a lien on the husband’s property to secure the
payment of the dower. This means she has a legal claim over the husband’s property
until the dower is paid.

3. Withholding Conjugal Rights:

o The wife has the right to withhold conjugal relations until the prompt dower is paid.
This is recognized under Islamic law as a legitimate form of protest against the non-
payment of dower.

4. Separation or Divorce:
o In extreme cases, the wife can seek separation or divorce due to the non-payment of
dower. Non-payment of dower can be considered a breach of the marriage contract,
giving the wife grounds for seeking dissolution of the marriage.

5. Community or Family Intervention:

o The wife can seek the intervention of community elders or family members to
mediate and resolve the issue. This can be an effective way to resolve disputes
without resorting to legal action.

6. Stipulations in Marriage Contract:

o Including specific stipulations in the marriage contract regarding the payment of
dower can strengthen the wife’s position. These stipulations can outline the terms and
conditions of payment, including consequences for non-payment.
In summary, dower in Islamic law is an important right of the wife that provides her with financial
security. The different types of dower cater to various circumstances, and there are multiple avenues
for enforcing this right if it is not honored by the husband.