Dower (mahr) Kinds of mahr

Kinds of Dower

  1.  Prompt Dower (Muajjal Mahr)
  2.  Deferred Dower (Muwajjal Mahr)
  3.  Proper Dower or Customary Dower (Mahr-i-Misl).
  4.  Specified Dower : (The amount of dower settled by the Husband is called ‘specified dower’. If the Husband is a minor, it is settled by the Guardian. The Specified dower must not be less than 10 dirhams(the basic monetary unit of Morocco and the United Arab Emirates,

 § Specified Dower may be sub-divided into two kinds namely –

  1. Prompt Dower, and b) Deferred Dower.
  2. § Prompt Dower : It is the portion of dower, which is payable on demand is called prompt dower. The prompt dower may be realised by the wife before or after consummation. In India, she has a right to refuse to live with her husband, till her prompt dower is paid.
  3. § Deferred Dower : The portion of Dower, which is payable on dissolution of the marriage, by death or divorce is called ‘Deferred Dower’.

 B) Proper or Customary Dower : When the amount of dower is not fixed(at the time of the marriage) under the contract, then the wife is entitled to proper dower. § In fixing the amount of the mahr-i-misl regard must be paid to local customs, with special reference to the dower of the woman who are equal of the female in question, in knowledge, lineage, wealth, understanding and such like”.

§ According to the Sunni authorities, the proper dower is to be fixed with reference to the social position of her father, and her own personal qualifications, and considering the amount of dower that has been given to her female paternal relations, such as consanguine sisters or paternal aunts.

§ In cases where no examples are available from women of her father’s family, the court would inquire about the customs among strangers occupying the same rank in life and under similar circumstances. It should be noted that in fixing the quantum of proper dower, the husband’s social position or status is not the criterion

 § Under the Shia law, the mahr-i-misl can never exceed 500 dirhams. In case either party dies before the consummation of marriage, and no dower has been stipulated in the contract, then the wife is entitled to no dower.

§ If, at the time of marriage, fixation of mahr, has been left to the discretion of the husband, then he may fix any amount of mahr, but if it is left to the discretion of the wife, she cannot fix it at more than 500 dirhams.

The Wife can remit a part or whole of the dower in favor of her husband or his heirs. The remission must have been made with free consent.

NATURE AND ENFORCEMENT OF DOWER : } If the dower is not paid, the wife can enforce it by filing a suit against her husband. If she dies, her legal heirs can sue. The period of limitation is three years. } In case of prompt dower, the period of limitation starts, when the dower is demanded and refused. In case of deferred dower it starts from the date of dissolution of marriage by death or divorce.

 

Principles of Muhammadan Law. Page 437 to 441

Download Files

dower-2.pdf (5.36 MB )