This is not to be confused with "dowry" which is an amount of money or
property that a husband demands from his wife or her family at the time
of the marriage or during their conjugal life. Dowry has been made
illegal and punishable by the Dowry Prohibition Act of 1980.
matter". When a claim is made under a contract of dower (usually the
marriage contract or Nikahnama as it is most commonly known), the
husband is under a legal obligation to settle the amount, though it may
be beyond his means. Dower is fixed to prevent a husband from divorcing
the wife capriciously. (Zakeri Begum vs. Sakina Begum (1892) 19 IA 157.
165)
If the amount of dower is not fixed for whatever reason, as per case law, the wife will be entitled to 'proper' dower (mahr-i-misl), even if the marriage was contracted on the express condition that she will not be entitled to claim any dower. To determine what is proper, regard is to be had to the amount of dower settled upon other female members of her father's family. (Hamira Bibi vs. Zubaida Bibi)
Legal Protection in case of non-payment?
If the dower is not paid, the wife and her heirs upon her death, may sue for it. The period of limitation is a key consideration is here. A suit must be filed within three years after a demand/claim for the dower is disregarded.
Dower can be claimed during the life of a marriage or on dissolution. Where the woman is the divorcer, even that does not alter her right to claim her dower entitlement in full.
Legal status of Dower?
Dower is a form of unsecured debt in the strictest legal sense. In case of a husband's death before satisfaction of dower money, the widow is entitled along with other creditors of her deceased husband, to have it satisfied on his death out of his estate. The wive's right is not greater than an other unsecured creditor but she has a right of retention of possession of her husband's property until her dower is satisfied.
Dower is an absolute right and a necessary tool for the protection of women in Islam. In a world where women are entitled to half or more of the husband's property on dissolution of marriage in many western legal systems, our system's Dower may not be considered as adequate by many but the certainty of recovering Dower in the law is obviously appreciated.
If the amount of dower is not fixed for whatever reason, as per case law, the wife will be entitled to 'proper' dower (mahr-i-misl), even if the marriage was contracted on the express condition that she will not be entitled to claim any dower. To determine what is proper, regard is to be had to the amount of dower settled upon other female members of her father's family. (Hamira Bibi vs. Zubaida Bibi)
Legal Protection in case of non-payment?
If the dower is not paid, the wife and her heirs upon her death, may sue for it. The period of limitation is a key consideration is here. A suit must be filed within three years after a demand/claim for the dower is disregarded.
Dower can be claimed during the life of a marriage or on dissolution. Where the woman is the divorcer, even that does not alter her right to claim her dower entitlement in full.
Legal status of Dower?
Dower is a form of unsecured debt in the strictest legal sense. In case of a husband's death before satisfaction of dower money, the widow is entitled along with other creditors of her deceased husband, to have it satisfied on his death out of his estate. The wive's right is not greater than an other unsecured creditor but she has a right of retention of possession of her husband's property until her dower is satisfied.
Dower is an absolute right and a necessary tool for the protection of women in Islam. In a world where women are entitled to half or more of the husband's property on dissolution of marriage in many western legal systems, our system's Dower may not be considered as adequate by many but the certainty of recovering Dower in the law is obviously appreciated.
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