Definition and Meaning
In Muslim law, dower (mahr) is a sum of money or property that the husband is obliged to pay to the wife as a mark of respect and in consideration of marriage. It is an essential incident of a valid Muslim marriage, whether mentioned in the contract or not. Deferred dower (mu’akhkhar) is that portion of the mahr which is payable upon the dissolution of marriage, either by death or divorce. According to Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, all questions regarding dower are governed by Muslim law. Deferred dower acts as a financial safeguard for women, ensuring economic protection and independence after separation or the husband’s death.
Legal Nature and Rights
Deferred dower is a legal debt owed by the husband to his wife, enforceable under civil law. The wife has the right to refuse cohabitation until dower payment if it is due and unpaid. It becomes immediately payable when the marriage dissolves through death or divorce. The heirs of the husband are legally bound to pay the deferred dower from his estate before distribution of inheritance. Courts in India treat dower as a civil debt, giving the wife or her heirs the right to recover it through a civil suit. This ensures that women’s financial rights remain protected even after the marital relationship ends.
Importance and Legal Effect
The concept of deferred dower emphasizes security and dignity of women within Islamic marital law. It discourages arbitrary divorces by making the husband financially accountable. Deferred dower serves both as a moral restraint and a legal right, offering post-marital financial relief. The Indian courts have repeatedly upheld the enforceability of deferred dower, recognizing it as an essential element of the marriage contract under Muslim law. It thus acts as a debt of honour, protecting women against destitution and ensuring that the husband remains financially responsible even after death or separation.
Real-Time Example
In Abdul Kadir v. Salima (1886) ILR 8 All 149, the Allahabad High Court held that dower is not merely a gift but a legal obligation arising out of marriage. The court clarified that the deferred portion becomes payable upon dissolution, either by death or divorce. The judgment reinforced that the wife can claim her deferred dower as a debt against her husband’s estate, having precedence over heirs. This case remains a landmark authority in defining the enforceable nature of deferred dower under Indian Muslim law.
Mnemonic to Remember
“DEFER = Debt Ensures Female’s Economic Right”
- D – Dower due after death/divorce
- E – Enforceable as a civil debt
- F – Financial safeguard for women
- E – Estate of husband liable for payment
- R – Right recognized under Shariat Act, 1937
About lawgnan:
To gain a deeper understanding of Deferred Dower (Mu’akhkhar) and its importance in safeguarding women’s financial rights under Muslim Personal Law, visit Lawgnan.in. Explore detailed explanations of dower, its legal enforceability, and landmark judgments like Abdul Kadir v. Salima (1886) that define its civil nature. Lawgnan provides well-structured LLB notes, case summaries, and simplified study material for law students and judicial exam aspirants. Strengthen your grasp of Islamic Family Law concepts such as mahr, divorce, and inheritance through expert-curated resources. Learn with Lawgnan.in — your trusted legal learning platform.
