IMPORTANCE OF DOWER (MAHR)

Saying of Hazrat Ali (R.A):

"There can be no marriage without dower."

Qur’anic Reference:

"And give the women their dower as a gift spontaneous." (Surah An-Nisa, 4:4)

Dower (Mahr) is an essential requirement of a valid Muslim marriage. It is typically understood as a gift that becomes payable to the wife either immediately after marriage or at a later agreed time. According to Abdur Rahim,

"The payment of dower is enjoined by the law merely as a token of respect for its object (woman)."

Amount of Dower

The dower amount is generally fixed at the time of marriage and mentioned in the Nikah Nama. However, Islamic law imposes no minimum or maximum limit on the amount. It can vary according to the financial capability and social status of the parties involved.

Types of Dower

1. Proper Dower (Mahr-e-Misl)

This refers to a dower amount that is not fixed by the parties in the marriage contract. In such cases, the dower is determined based on what is customarily given to women of similar status in the family or society.

According to Section 10 of the Muslim Family Laws Ordinance (MFLO), 1961,

"Where no details about the mode of payment of dower are specified in the Nikah Nama or marriage contract, the entire amount of dower shall be presumed to be payable on demand."

2. Specified Dower

When the amount is expressly fixed by the parties in the marriage contract, it is called Specified Dower.

• Sunni Law: The amount fixed by the father is binding on the son.

• Shia Law: The son is not bound to pay the dower fixed by the father; the liability lies on the father.

a) Prompt Dower

• Payable immediately after marriage.

• Wife can demand it at any time after marriage.

• In case of non-payment, the wife has the right to refuse conjugal relations.

• The husband is still liable to maintain her during such refusal.

b) Deferred Dower

• Payable at the dissolution of marriage, either by death or divorce.

• Treated as a debt owed by the husband.

Effects of Non-Payment of Dower / Remedies

1. Non-Payment of Prompt Dower:

• The guardian of a minor wife can lawfully refuse to send her to the husband’s house.

• The wife can refuse conjugal rights, and in such cases, the husband must still provide maintenance.

2. Non-Payment of Deferred Dower:

• Upon divorce or death, the wife can demand deferred dower.

• It is recoverable as a legal debt from the husband’s estate.

• The wife has the right to:

  • File a civil suit for recovery.

  • Claim the dower from the husband’s property.

Conclusion

Dower (Mahr) is not merely a formality in Islamic law but a legal and moral obligation. It symbolizes respect, protection, and financial security for the wife. Whether prompt or deferred, dower empowers the wife with enforceable rights. The law and Shariah recognize her authority to demand and recover it through proper legal channels. Therefore, due importance must be given to its stipulation, timely payment, and enforcement in order to maintain justice and harmony within the marital relationship