DOWER

Introduction:

Dower is a sum of money or property which becomes payable by the husband to the wife as
an effect of marriage. In Surah Al-Nisa, Verse 4, the Quran says: “And give the women (on
marriage) their dower as a free gift”.

According to both Sunnis and Shias, the dower may consist of anything that can be valued in
money, is useful and ritually clean. Therefore, the dower may be land, building, cattle, crops,
chattels etc. The property given as dower must be reasonably specified. A vague dower, like
“an animal” or “a house” shall not be valid, without however invalidating the marriage
contract itself.

II.) Quantity of Dower:

Classical jurists set no higher limit for the dower. But there is no such unanimity on the
minimum dower. The Shafis, Hanbalis and the Shias maintain that there is no such limit.
However, the Malikis set a quarter dinar of gold or three dirhams of silver as the minimal
dower, by analogy with the Sharia limit for punishable theft. A dirham weighs 2.97 grammes.
The Hanafi doctrine maintains that the minimal dower shall be 10 dirhams, citing the
authority of a tradition of the Prophet to that effect, a tradition whose authenticity is disputed
by other schools. The Shia’s say that what was given to Bibi Ayesha should be the minimum
limit.

(This part submitted by Jannatul Ferdausi khanam, roll:18 )

I.) Dower & Bride-Price:

Dower is a unique feature of a Muslim marriage. But contrary to a widely held misconception
in the West, it is not a bride-price. Although, in the pre-Islamic period a bride price was paid
to the bride’s father, but the requirement of dower itself is one of the most significant reforms
effected by the Quran. According to the Hanafi Jurist Al Kamal, dower is there to underline
the prestige of the marriage, it is not a consideration like a price, and otherwise it would have
been set as a prior condition.

Dower is not a precondition to marriage. It is mentioned in Surah Baqara, Verse 236, that: “It
is no sin for you if ye divorce woman while yet ye have not touched them nor appointed
unto them a portion (dower)”. This means that there is no sin if no dower is paid and the
woman is divorced, before consummation. Since divorce can only occur after a valid
marriage contract, this shows that dower is not a precondition to marriage.

It is also different from a bride price because a bride price was paid to the father of the bride,
but dower, on the other hand, is an inalienable and imprescriptible right of the wife. It is
inalienable in that it is taken for granted even if it is not expressly stated in the contract. If the
husband makes a condition in the marriage contract that no dower will be paid, this shall be
void but not the remaining contract. It is imprescriptible in that the wife shall not lose her
entitlement to it through prescription alone.
(This part submitted by Saima Hossain Mohana , Roll:20)

III.) Types of Dower:

Dower can be classified into two category. Those are:

1) Prompt dower
2) Proper dower

If it is payable immediately at the conclusion of the marriage contract marriage it is called

prompt dower. Dower will be deferred if it is payable some time later, otherwise it shall
become payable immediately on the earlier of two events: death or divorce.

But if no dower is specified or if the contract expressly states that there shall be no dower
payable, the wife is nevertheless entitled to receive dower which is called the proper dower.
The Sunni and Shias agree that the proper dower is to be calculated by taking into account the
amount of dower received by comparable members of the wife’s family such as her sisters or
cousins. Her personal attributes are also relevant: her virginity, age, education, beauty and so
on.

The parties may stipulate an amount to be paid as dower in the marriage itself. In terms of
specified dower, it may be reduced or increased by mutual consultation. Provided that the
husband is sane and major, the addition shall be binding on him under three conditions:

• It has to be determinate, if a husband says to his wife, “I have added to your dower”
without further specification, no addition shall be valid.
• It occurs while they still live together without divorce or separation.
• That it is accepted, at the same sitting where it has been offered.

Likewise, a wife possessing full legal capacity may discharge her husband, subsequent to the
marriage contract, of all or any part of her dower. Unlike increase, no guardian of the minor
wife has the power to reduce her specified dower.

(This part submitted by Hassan Mahmud Shovon , Roll:16)

IV.) Entitlement to Dower:

1.) Entitlement to Whole Dower:

It is unanimously agreed by the Sunnis that the whole dower shall become due to the wife on
the occurrence of either of two events:

• The actual consummation of marriage;

• If true seclusion takes place;

•The death of either spouse before consummation;
•Staying one year in the house of husband.

If it is the wife who dies, her heirs can claim it from the husband. The Shias have a different
view. According to them, if the husband dies before consummation without having specified
a dower then nothing is payable to the wife.

2.) Entitlement to Half Dower & Mutat:

Jurists deduce the following conditions for half the dower to be paid:

• That marriage is under a valid contract and the dower is specified;

• That divorce occurs before consummation and due to an act of husband, other than his
exercising the option of puberty or recovery from insanity.

However, if no dower has been fixed in the contract, then the wife is entitled to a mut’a a gift
of consideration. Under Hanafi law, it consists of three articles of dress or of their value
provided that the value shall not be less than 5 dirhams. The Sunnis in general hold that the
mut'a is regulated by the circumstances of both husband and wife. The Shias stick to the
Quranic text and consider the circumstances of the husband only.

3.) Entitlement to NO Dower:

No dower, whether specified or proper, shall be due to the wife if:

• The marriage is dissolved by the husband before consummation through exercising his
option of puberty or recovery from insanity, as in such a case, the very contract of marriage is
declared null and void.
• If the marriage is dissolved before actual consummation by a lawful/ unlawful act of the
wife. Lawful acts include option of puberty, recovering from insanity, or taking khula.
Unlawful acts include apostasy.

( This part submitted by Sabina Yesmine shila , Roll:19)

V.) Legal Disputes over the Payment of Dower:

There are a number of legal disputes which relate to the payment of dower. The first relates to
the amount of dower. Recently, there has been a trend for very large Maher sums to be
announced. There are probably three reasons for this trend:

1.) The brides’ family often demand high Mehar sums for status purpose.
2.) In many cases the bridegrooms themselves encourage the insertion of large Maher sums
for their own aggrandisement.
3.) A large dower sum can be viewed as insurance for the wife against the possibility of an
unjustified divorce by the husband or his early death.

However, in certain cases, apart from that publicity agreement, there is also a private
agreement for a lesser sum agreed between the parties. The same dispute arose in “Nasir
Ahmad v. Asmat Jehan”, and it was held that the real dower payable would be that agreed
in private because this is the only agreement really intended to be enforced by both the
parties.

The second dispute relates to the refusal of conjugal relations. In Pakistan and Bangladesh,
under S.10 MFLO 1961, if no details of the mode of payment of dower are specified, then
the dower would be presumed prompt and payable on demand. Therefore, a Muslim wife can
refuse consummation of the marriage whose prompt dower has not been paid.

The third dispute relates to the remission of dower by the wife. It is obvious that remission
would only be valid if it is made by free consent and not due to coercion. In “Shah Banu
Begum v. Iftikhar Muhammad”, the wife had remitted the dower so as to prevent the husband
form taking a lover. It was held that the waiver was void and of no effect.

The fourth dispute relates to unpaid dower. Generally, an unpaid dower represents an unpaid
debt and the wife may sue to enforce payment. The widow has a right to retain possession of
the deceased husband’s property until the dower debt is paid to her. In “Maina Bibi v.
Chaudhri Vakil”, a widow remained in possession of certain property that was claimed by
the deceased’s heirs. The wife defended on the ground of her unpaid dower. The judge found
that the wife has the right to possession unless the heirs pay her the unpaid dower.

(This part submitted by Tarikul Kabir , Roll:17)