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.

Definition

• Dower is a sum of money or other property promised by the husband to be paid or delivered to the wife in consideration of the marriage and even where no dower is expressly fixed, the law confers the right to dower upon the wife as necessary effect of the marriage.
• According to Ameer Ali, Dower is a consideration which belongs absolutely to the wife.
• According to Mulla, Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage.

Nature of Dower

• This concept was introduced by Prophet Mohammad and made obligatory by him in the case of every marriage.
• The wife is considered to be the property and the dower as her price.
• It is an essential feature of marriage with the result that even if no dower is fixed the wife is entitled to some dower from the husband.
• The marriage is valid even though no mention of dower is made by the contracting party.

Object of Dower

• To impose an obligation on the husband as a mark of respect of the wife.
• To place a check on the capricious use of divorce on the part of husband.
• To provide for the wife’s subsistence after the dissolution of the marriage, so that she may not become helpless after the death of the husband or termination of marriage by divorce.

Increase in Dower

• The husband may at any time after marriage increase the dower, likewise, the wife may remit the dower wholly or partially.
• A Muslim girl who has attained puberty is competent to relinquish her dower, but such remission should be with free consent.

Non- Payment of Dower

• Muslim law confers upon a wife or widow the following rights to compel payment of her dower:
  • Refusal to cohabit
  • Right to dower as debt
  • Right to retain her deceased husband’s property