By- Bhupendra Barhat

UID- UG17-30
 Dower is the financial gain which is, a wife received from her
husband by the virtue of the marriage contract. Otherwise
Dower is a sum of money or other property which the wife is
received from her husband in consideration of the marriage.
 It simply means “A certain sum of money given by the
husband in consideration of the marriage is dower”
 According to Islamic Law, “where there is a marriage there
is a dower. It is a bridal gift and it is a token of respect to the
wife.”
 Law of Marriage (compiled by All India Muslim Personal Law Board)
in ‘compendium of Islamic Laws provides –
 Dower is the money or property of any kind which is an obligation of the
man towards the woman as a result of the marriage.(Section 127).
 Dower is a financial right arising from the marriage contract which is an
obligation in all circumstances; even if at the time of marriage it was
agreed upon that there will be no dower (Section 128).
 The amount of dower may be fixed and paid either before, at the time of,
or after marriage from the assets of the husband. The wife is competent to
relinquish her dower provided she has attained puberty at the time of
relinquishment.
 “Dower” in Muslim law is somewhat similar to the demotion proper nuptials in
Roman law. The important difference however, is that while under the Roman law it
was voluntary, and under the Muslim law it is absolutely obligatory. The following
points may be noted with respect to the nature of Dower.
 In Abdul Kadir v. Salima case 1886 Hon’ble justice Mahmood has said that dower
under muslim law is a sum of money or property promised by the husband or
delivered to the wife in consideration of marriage, and if no dower is expressly fixed
or mentioned at the marriage ceremony, the law confers the right of dower upon the
wife.
 In Smt. Nasra Begum v. Rigwan Ali case Dower is an essential incident and
fundamental 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 made by the contracting party.
The amount of dower may be fixed :
(i) By entering into an agreement
(ii) By Operation of Law.
Accordingly, the dower may be classified as follows :
A) Specified Dower (Mehr-i-Musamma)
i) Prompt Dower (Muajjal Mahr)
ii) Deferred Dower (Muwajjal Mahr)
B) Proper Dower or Customary Dower (Mahr-i-Misl).
A) Specific dower:-. Specified dower is fixed at the time of the marriage and
the Kazi performing the ceremony enters the amount in the register, or there
may be a regular contract, which name is Kabin Nama. If the amount of dower
is fixed in the marriage contract, it is called the specified dower. Otherwise if
the amount of dower may be fixed by the parties before the marriage or at the
time of the marriage, even after the marriage.

Specified Dower further sub-divided into two kinds namely –

a) Prompt Dower, and

b) Deferred Dower.
 Prompt Dower : It is the portion of dower, which is payable on demand is called prompt
dower. The prompt dower may be realized by the wife before or after consummation. In
India, she has a right to refuse to live with her husband, till her prompt dower is paid.
Promopt specified dower normally fixed at the time of marriage, which is
mentioned in Kabin Nama. After marriage if a wife wants to get money of the dower
then the husband obey to his wife to give money of the dower, which is mentioned in
Kabin Nama. Example: At the time of the marriage, it is mentioned that 50% money will
be paid instant and other 50% money will be paid after the death or divorce. This is
called prompt specified dower.
 Deferred Dower : The portion of Dower, which is payable on dissolution of the
marriage, by death or divorce is called ‘Deferred Dower’. Deferred specified dower
normally fixed after the death or divorce. If by the divorce it may be realized by
compromise in the family court. If by death deferred dower can be acquired from her
husband’s estate by compromise in the family court.
When the amount of dower is not fixed(at the time of the marriage) under the
contract, then the wife is entitled to proper dower.
 In fixing the amount of the mahr-i-misl regard must be paid to local customs,
with special reference to the dower of the woman who are equal of the female in
question, in knowledge, lineage, wealth, understanding and such like”.

 According to the Sunni authorities, the proper dower is to be fixed with reference
to the social position of her father, and her own personal qualifications, and
considering the amount of dower that has been given to her female paternal
relations, such as consanguine sisters or paternal aunts.
 The obligation to pay dower is a legal responsibility on the part of the husband and is
not dependent upon any contract between the parties. Hence, the husband’s liable to pay
Mahr even if it is not specified. The only question would be the quantum. If no Mahr is
fixed, wife will be entitled to receive the amount which is customary in the community
or in respective society or what is proper in each individual case. What is proper ion
each individual case will be determined as under-
 In Hassina Bibi v. Zubaida Bibi, the Judicial committee held that- “Dower is an
essential incident under the Muslim law the status of marriage, to such an extend this is
so that when it is unspecified at the time the marriage is contracted, the law declares that
it must be adjudged on definite principles.
 With reference to the social position of her father’s family.
 Her own personal qualifications.
 Social position of the husband. But the means of husband are of little account.
 Her age, beauty, fortune, understanding and virtues.
1. Refusal of conjugal rights -Before consummation of the marriage, the wife is entitled
to deny cohabitation to the husband till he gives her Prompt Dower on demand. It is to
be noted that under Muslim law a husband has right to cohabit with his wife and she
cannot refuse the same without any reasonable. But non-payment of Prompt Dower
before consummation is a lawful justification for the wife to refuse cohabitation. A
Muslim-wife can refuse to live with her husband and refuse to him the sexual
intercourse so long as the Prompt Dower is not paid to her.

Case : Nasra Begam v. Rizwan Ali:- The Allahabad High Court held that the right to
dower comes into existence before cohabitation and Prompt Dower may be demanded even
before the cohabitation. where the consummation has taken place even once, the wife’s right
to refuse consummation is lost. If the marriage has already been consummated, the husband’s
suit for restitution of conjugal right will not fail on the ground of non-payment of Prompt
Dower.
1. Right to dower as a debt -Where the marriage has been
consummated, the wife cannot enforce her claim by refusing conjugal
rights to the husband. In such a situation the wife can recover her
unpaid dower by maintaining an action in a court of law. She may
realise it from husband in the same manner as a creditor recovers his
loan. The dower ranks as a debt and widow is entitled along with
other creditors to have it satisfied on death of husband, out of his
estate.
2. Right to retain her deceased husband’s property -If the widow has
lawfully obtained the possession of her husband property in lieu of
dower payment, she has right to retain his property until dower is
paid.
 Sunni Law Shia Law

1. Minimum limit of 10 dirhams. 1. No minimum limit is prescribed.

2. No limit to proper dower. 2. 2. Proper dower cannot exceed

500 dirhams.

1. If the marriage is dissolved by 3. 3. In such case no dower would be

death and dower has not been due if the marriage was not

specified, or it is agreed that no consummated.

dower shall be payable, proper

dower would be due whether the
marriage was consummated or not.
The mahr is one of the wife’s rights that are sincerely given by the husband to the
wife, without exception, as an expression of his love and responsibility. In Islam,
the concept of mahr is more effective, comprehensive, vital and sacred than any
other religions. It is one of the fundamental rights of every woman. Mahr is not
only considered to be a trust, a sacred responsibility, which is to be performed in
conformity with the provisions of the Quran and Sunnah; but the dispensation of
mahr also constitutes one of the most important acts of devotion.