It is one of the most ancient
traditions of Muslim family relations that at the time of marriage the husband
pays dower (mahr) to her wife.
Dower is a sum of money or other property, which the wife receives from the
husband in consideration of the marriage. As Allah Almighty says:
“Except for these, all others are lawful, provided you seek (them in marriage)
with gifts from your property, desiring chastity, not lust.”
Logic of Dower:
Many passages of the Qur’an emphasize that the dower exclusively belongs to
woman. It is consideration for the honor and respect of woman. It is husband’s
duty to provide dower to his wife. So the Holy Qur’an says:
“And give the women (on marriage) their dower as a free gift.”
Wed them with the leave of their owners, and give them their dowers, according
to what is reasonable: They should be chaste, not lustful, nor taking paramours.
Except for these, all others are lawful, provided you seek (them in marriage)
with gifts from your property.
Amount of dower:
The husband and wife by mutual consent may settle any amount or property as
dower, and they cannot settle in any case less than ten dirhams. The amount of
dower may be fixed either before or at the time of marriage or after marriage,
and it can be increased or decreased by mutual consent after marriage. As it is
described in the Last Message:
If, after a dower is prescribed, agree mutually (to vary it), there is no blame
on you.
Remission of Dower:
The wife may remit the dower wholly or partly in favor of the husband or his
legal heirs. Such remission is valid though it is made without consideration. As
it is written in The Holy Qur’an:
If they, of their own good pleasure, remit any part of it to you, take it and
enjoy it with right good cheer.
Kinds of Dower:
Dower can be classified into following two kinds:
1. Specified Dower
2. Un-Specified/ Proper Dower
1. Specified Dower:
Specified Dower means the amount of dower is fixed either before or at the time
of marriage or after marriage.
2. Un-Specified/ Proper Dower:
If the amount of dower is not fixed at the time of marriage or after, it will be
fixed with reference to the other female members her father’s family (her
paternal aunt).
Modes of payment of dower:
There are following three modes of payment of dower:
1. Prompt Dower
2. Deferred Dower
3. un-conditional Dower
1. Prompt Dower:
Prompt Dower means such dower which is payable on demand. Prompt Dower as debt,
which the husband is liable to pay. The wife may refuse to live with the husband
unless and until the prompt dower is paid. Wife may realize the prompt dower at
any time before or after consummation.
2. Deferred Dower:
Deferred Dower means such dower which is payable on dissolution of marriage by
death or divorce, and its may not be realized by the wife before dissolution of
marriage. Deferred dower does not become “Prompt” merely because the wife
demands it.
3. Un-Conditional Dower:
When it is not settled by parties, that the dower is prompt or deferred, the
whole dower will be divided into two parts one part will be prompt and second
will be deferred, the former part will be fixed with reference to custom, the
status of the parties and the amount of dower.
Determination of the amount of Dower:
The amount of dower is determined in the following ways:
Valid contract / Marriage:
After consummation:
In the case of a valid marriage the wife gets full dower (Specified or proper
dower as the case is) if the marriage is dissolved by death or divorce, after
consummation, valid retirement or cohabitation.
Before Consummation:
In the case of a valid marriage, the wife gets half dower of specified or proper
dower, if the marriage is dissolved before consummation, valid retirement or
cohabitation by divorce, death or apostasy of her husband.
Irregular contract /Marriage:
After consummation: In the case of an irregular marriage the wife gets full
specified or proper dower, whichever is less and where dower is not specified,
she gets any proper dower, if the marriage is dissolved be death or divorce or
apostasy after consummation, valid retirement or cohabitation.
Before consummation:
In the case of irregular marriage, dower is not due on husband if the marriage
is dissolved before consummation or valid retirement.