Meaning and Concept:
Dower, also known as Mahr, is a sum of money or property which the husband is obliged to pay to his wife as a mark of respect and as a legal right arising from marriage under Muslim Law. It is not merely a gift but a debt due from the husband to the wife. According to Section 127 of the Muslim Personal Law (Shariat) Application Act, 1937, the dower becomes a binding obligation on the husband upon the completion of marriage, whether consummated or not. The main purpose of dower is to provide financial security to the wife and to safeguard her dignity in case of divorce or the husband’s death.
Legal Nature and Enforcement:
Dower is an essential incident of every Muslim marriage and cannot be dispensed with. It is enforceable like any other debt under law. The wife has a right to refuse cohabitation until prompt dower is paid. She can also recover unpaid dower after the dissolution of marriage or from the husband’s estate upon his death. Courts in India, such as in Abdul Kadir v. Salima (1886) ILR 8 All 149, have held that dower is not a consideration for marriage but a legal obligation imposed on the husband for the protection of the wife.
Classification of Dower:
Dower is classified into two types — Prompt (Mu’ajjal) and Deferred (Mu’wajjal). Prompt dower is payable immediately after marriage or upon the wife’s demand, even before consummation. Deferred dower becomes payable upon dissolution of marriage by divorce or death of the husband. The amount of dower may be Specified (Mahr-i-Musamma), when fixed at the time of marriage, or Unspecified (Mahr-i-Misl), which is determined according to the wife’s social status and her family’s customs when not specified in the marriage contract.
Real-time Example:
For instance, A, a Muslim man, marries B and agrees to pay her ₹50,000 as prompt dower and ₹2,00,000 as deferred dower. B can demand ₹50,000 immediately after marriage, and if A refuses, she can deny conjugal rights. Later, if A divorces B or dies, she is entitled to claim ₹2,00,000 from A’s estate. If the dower was not fixed at all, the court may determine a reasonable amount as Mahr-i-Misl considering her family background and financial status.
Mnemonic to Remember – “SPUD”
S – Specified dower (Mahr-i-Musamma)
P – Prompt dower (Mu’ajjal)
U – Unspecified dower (Mahr-i-Misl)
D – Deferred dower (Mu’wajjal)
Mnemonic Tip: “A wife gets her ‘SPUD’ of rights in dower — Specified, Prompt, Unspecified, and Deferred.”
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