Introduction

Dower also referred as Mahr is a peculiar Muslim Law concept. It is that money or property which a husband must pay to the wife to acknowledge her dignity as his wife.

Classification of Dower

The dower may be classified into:

• Specified Dower (Mahr-i-Musamma)
• Customary Dower (Mahr –i- Misl)

Specified Dower

• If the amount of dower is stated in the marriage contract, it is called the specified dower.
• It may be settled by the parties to the marriage either before or at the time for the marriage or even after marriage.
• If the marriage of a minor or lunatic boy is contracted by a guardian, such guardian can fix the amount of dower.
• The Dower fixed by the guardian is binding on the minor boy and he cannot on attaining the age of puberty take the plea that he was not a party to it.
• The husband may settle any amount he likes by way of dower upon his wife, though it may leave nothing to his heirs after payment of the amount.
• It is further divided into -
  • Prompt Dower
  • Deferred Dower

Prompt Dower

• It is payable immediately after marriage on demand.
• According to Ameer Ali, a wife can refuse to enter into conjugal domicile of husband until the payment of the prompt dower.
• The following point must be noted regarding prompt dower:
  • It is payable immediately on the marriage taking place and it must be paid on demand, unless delay is stipulated for or agreed. It can be realized any time before or after the marriage.
  • It does not become deferred after consummation of marriage, and a wife has absolute right to sue for recovery of prompt dower even after consummation.
  • It is only on the payment of the prompt dower that the husband becomes entitled to enforce the conjugal rights unless the marriage is already consummated. The right of restitution arises only after the dower has been paid.
  • As it is payable on demand, limitation begins to run on demand or refusal. The period of limitation for this purpose is three years.

Deferred Dower

• It is payable on the dissolution of marriage either by death or divorce.
• The following points must be noted regarding deferred dower:
  • If there is any agreement as to the payment of deferred dower earlier than the dissolution of marriage such an agreement would be valid and binding.
  • The wife is not entitled to demand payment of deferred dower (unless otherwise stipulated), but the husband can treat it as prompt and pay or transfer the property in lieu of it. Such a transfer will not be void.
  • The widow may relinquish her dower at the time of her husband’s funeral by the recital of a formula. Such a relinquishment must be a voluntary act of the widow.
  • The interest of the wife in the deferred dower is a vested one and not a contingent one. It is not liable to be displaced by the happening of any event, not even on her own death and as such her heirs can claim the money if she dies.

Presumption Regarding Prompt & Deferred Dower

• Dower which is not paid at once may for that reason be described as deferred dower but if it is postponed until demanded by wife, it is in law prompt dower.
• But deferred dower does not become prompt merely because the wife demands it.

Customary Dower

• It is further divided into -
  • Specified Dower
  • Proper Dower

Specified Dower

• If the amount of dower is stated in the marriage contract, it is called the specified dower.
• Dower may be settled by the parties to the marriage either before the marriage or at the time of the marriage or even after the marriage.

Proper Dower

• When the amount of dower is not fixed in the marriage contract or even if the marriage has been contracted on the condition that she should not claim any dower, the wife is entitled to proper dower.
• This dower is to be determined by taking into consideration the amount of dower settled upon other female members of the father’s family.
• There is no limit to the maximum amount of proper dower under the Sunni Law, but under the Shia Law the proper dower should not exceed 500 dirhams.
  • Dirhams was the amount of dower, which was fixed in the marriage of Fatima, the prophet’s daughter.
• The following factors should be taken into consideration while determining Proper Dower:
  • Personal qualifications of wife, her age beauty, fortune, understanding and virtue.
  • Social position of her father’s family.
  • The economic condition of her husband.
  • Circumstances of time.
  • Dower given to her female paternal relations.