•                                 Dower

Introduction

• • In old pre-Islamic Arabia when the system of marriage not developed, many types of sex vogue, temporary relationship man was despoiling wives, often turned them out, helpless and without any means.

• • In Shighra marriage a man would give his daughter/     sister in relation to daughter /sister of other.

• • Benna-husband visited the wife but did not bring her home, the wife was called, Sadiqa or female friend. and a gift given to wife called Sadaq. In Islam sadaq means a dowry of mahr

 Definition of Dower

• • Dower is a sum that becomes payable by the husband to the wife a marriage, either by agreement between the parties or by operation of law.

• • According to Ameer Ali: – Dower is a consideration which belongs absolutely to the wife

• • According to Mulla: – Dower is a sum of money or property, the wife is entitled to receive from her husband in consideration of marriage.

• • The word consideration of marriage is not used in the I.C.A (India Contract Act 1872) 

  • Types of Dower

• • 

(1) Special Dower: – Special dower is a fixed dower, it is paid by the husband to his wife at time of marriage, before or after marriage. Hanafi school of Muslim law, 10 dirhams is fixed for dower but in Maliki school of Muslim law, 3diharm is fixed for dower. In case of minor, then guardian fixes the dower.

              Type of Special Dower (Mahr-i-Musamma)                    

          (a)Prompt Dower       (b) Deferred Dower

       (a)Prompt Dower (Mujjal Mahr) :-

       It is payable immediately after marriage on demand.

      According Ameer Ali, if the payment of promote dowery is not made by the husband, then wife refuse to entreinto the conjugal domicile until the amount of promote dower is paid

Deferred dower: -deferred dower is payable after the dissolution of marriage by death or divorce.

Wife cannot claim for the payment of deferred dower during the lifetime or during the subsistence of marriage

Widow can waives off her right to claim for the payment of differed dower.

Deferred dower does not depend upon the happening of certain contingencies not even on the death of wife.

It may be claimed only when husband contracts second marriage without his wife’s consent .

(2) Costumery :-