Topic: Dower, Lecture: 6

Course Title: Muslim Law

Course Instructor: Mahmuda Sultana, Lecturer, Department of Law
Metropolitan University

Dower1
Mulla defines dower as “a sum of money or other property which the wife is entitled
to receive from the husband in consideration of the marriage. The word
‘consideration’ is not used in the sense in which the word is used in the Contract
Act, 1872. It is an obligation imposed upon the husband as a mark of respect to the
wife.
Prompt Dower2
Dower which is payable on demand is called prompt dower. It is payable
immediately on the marriage taking place and it must be paid on demand, unless
delay is stipulated for or agreed. It can be realized any time before or after the
marriage.
Deferred Dower3
Dower which is payable on dissolution of marriage by death or divorce. If there is
any agreement as to the payment of deferred dower earlier than the dissolution of
marriage such an agreement would be valid and binding.
Proper dower4
Where the marriage is contracted without specifying any dower or on a condition
that the wife shall claim no dower, then also an amount of dower must be paid
considering the amount of dower settled upon other female members of her father's
family. This is called proper dower or mahr-i-misl.
Specified tower5
Any amount of dower settled at the time of contracting the marriage is specified
dower. Such type of dower is fixed before or at the time of contracting the marriage.
Relation between dissolution & deferred dower6
Yes, there is a relation between the two. The amount of dower payable on dissolution
of marriage by death or divorce is called deferred dower. Deferred dower is realized

1
10th BJS Question No. 3(c)
2
4th BJS Question No. 3
3 th
4 BJS Question No. 3
4
15th BJS Question No. 4(b)
5
15th BJS Question No. 4(b)
6
15th BJS Question No. 4(b)
on the death of either husband or wife or divorce. So, a close relation exists between
the two.
Wife entitled to dower 7
Where the marriage is irregular and it is dissolved before consummation, the wife is
not entitled to dower. Because, before consummation an irregular marriage has no
legal effect like a void marriage.

Where Prompt and deferred dower uncertain8

If in a marriage contract there is no mention as to what amount is prompt and what
amount is deferred dower, the Court will determine the whole amount as payable on
demand or prompt dower. Section 10 of the Muslim Family Laws Ordinance,
1961 clarified the matter.
‘Dower is an obligation for the husband, but it ensures financial security and
social status for the wife’9
Dower is an obligation for the husband. Where there is marriage, there is dower.
Some think that dower is related to death of the husband or divorce. But this
obligation is related to marriage. Whenever marriage takes place, a husband must
pay dower. But, the amount of dower may vary from case to case. It is a sum of
money or other property which the wife is entitled to receive from the husband in
consideration of marriage.
To make understand the importance of dower, it is sufficient to say that if the prompt
dower is not paid and the marriage has not been consummated, the wife may refuse
the husband his conjugal rights. Where no dower is fixed or the husband said, he
would not pay dower, there also he has an obligation to pay proper dower. A widow
may retain the possession of property of her dead husband in demand of dower. She
may sue for recovery of dower. So, dower is an obligation for the husband.
Dower ensures financial security and social status for the wife. When the wife gets
dower, she obtains a sum of money or property. If the husband dissolves the marriage
or he dies, the wife can maintain herself out of this money or property until a second
marriage or some other time in status of both husband and wife. The Husband, has
to fix and pay it keeping in his mind familiar position, social status. So, dower
undoubtedly ensures financial security and social status for the wife.
Bangladesh realities10

7
4th BJS Question No. 3
8
4th BJS Question No. 3
9 th
5 BJS Question No. 3
10 th
5 BJS Question No. 3
In Bangladesh, at the time of marriage, the husband determines the amount of dower
and some portion is shown to have been paid as prompt dower where he did not pay
so. The rest amount is not paid until divorce or death occurs. If divorce occurs, the
wife has to file a suit for dower to recover it. If death occurs, the wife does not get
anything a dower. This reality is subject to exception. Some husbands pay dower
before or at or after the marriage without any quarrel or bargaining.
Dower is a debt, but an unsecured debt11
The dower ranks as a debt, and widow is entitled, along with other creditors of her
deceased husband, to have it satisfied on his death out of his estate. Her right,
however, is no greater than that of any other unsecured creditor, except that she has
a right of retention of the possession of husband’s estate. She is not entitled to any
charge on her husband’s estate. She is not entitled to any charge on her husband’s
property, though such a charge may be created by agreement. If the husband is alive,
the wife can recover the dower debt by instituting a suit against him. After the death
of the husband, dower debt remaining unpaid, the widow can enforce her claim for
the dower debt. There is no doubt that it is within the competence of a court to create
a charge by its decree for a dower debt. But, if a decree is passed creating a charge,
the proper course for the Appellate Court is to set it aside to that extent. So, dower
is a debt, but an unsecured debt.
Distinction between prompt and deferred dower12
1) Prompt dower is payable immediately on the marriage taking place, but
Deferred dower is payable on dissolution of marriage by death or divorce.
2) Prompt dower does not become deferred after consummation, but
The husband may treat a deferred dower as prompt dower.
3) The right of restitution of conjugal rights arises only after the prompt dower
has been paid, but
In case of deferred dower, no such question arises.
4) If prompt dower is not paid, the wife may refuse to cohabit with the husband,
but
There is no such issue in deferred dower.
Wife can remit her dower13
The wife may remit the dower or any part thereof in favour of the husband of his
heirs. Such a remission is valid though made without consideration, but the
remission must have been made with free consent. A remission made by a wife when

11
7th BJS Question No. 4(a)
12
13th BJS Question No. 4(d)
13
12th BJS Question No. 5(a)
she is in great mental distress owing to her husbands’ death is not one made with
free consent and is not binding on her. A remission made by a wife who has not
attained majority under the Majority Act, 1875 was held to be void.
Retention of husband’s property in lieu of dower
Yes, husband’s property can be retained by a wife in lieu of dower. The widow’s
claim for dower does not entitle her to a charge on any specific property of her
deceased husband. But when she is in possession of the property of her deceased
husband, having, “lawfully and without force or fraud” obtained such possession “in
lieu of her dower” (that is on the ground of her claim for her dower, to satisfy her
claim out of the rents and profits and with a liability to account for the balance), She
is entitled as against the creditors of her husband to retain that possession until her
dower is satisfied. The right to retain possession until her dower is satisfied. The
right to retain possession is extinguished on payment of her dower debt. This right
is sometimes called a lien, but it is not a lien in the strict sense of term.

Where dower is not fixed14

If the amount of dower is not fixed, the wife is entitled to proper dower (Mahr-i-
misl), according to Mulla and Muslim law. There is a principle that where there is
marriage, there is dower.To bind a husband to pay dower, it is the determining
question whether there is a marriage. If marriage, then the husband is bound to pay
mahr-i-misl where no amount of dower is fixed. So, the wife in this case can claim
dower.
Agreement not to pay dower15
Mulla said in his book, even if the marriage was contracted on the express condition
that she should not claim any dower, then also the wife is entitled to claim proper
dower. So, it is obvious that where there is marriage, there is dower.
Under which provisions of law and within which period suits for Dower are to
be filed16
Section 2, the Muslim Personal Law (Shariat) Application Act, 1937 read with
section 5 (ga), the Family Courts Act, 2023 permits suit for dower. A suit for dower
shall be instituted within 3 years as per the direction of articles 103 and 104 of the
Limitation Act, 1908.

14
12th BJS Question No. 5(b)(i)
15
12th BJS Question No. 5(b)(ii)
16
15th BJS Question No. 9(c)(i)