Statutory Provision and Legal Mechanism in

regard to Dower in Bangladesh perspective

Prepared By
Md:Ashraf uddin Talukder
ID:13-1-21-0063
Batch:18(B)
Program:LL.B(Honours)
ASA University Bangladesh

Supervised By
Mr.Jamilur Rahman Khan
Lecturer
Depertment of Law
Assistant Proctor
ASA University Bangladesh
March 2015

DEPARTMENT OF LAW
ASA University Bangladesh

Dedication

To the memory of the people who died in the liberation war

of 1971
And
In honour to all of the Freedom fighters of the liberation war;
for whose sacrifice, we have got an independent,
sovereign state, Bangladesh.

Acknowledgments

The author is immensely grateful to all of them who have given guidance, help and cooperation during the tenure of the study. Although it is not possible to mention every
one by name, it will be an act of ungratefulness if some names are not mentioned here.
I would like to acknowledge the untiring inspiration, encouragement and precise
guidance provided by my respected teacher and Supervisor Mr.Jamilur Rahman Khan
Lecturer, Department of Law, ASA University Bangladesh. His constructive criticisms,
continuous supervision and valuable suggestions were helpful in completing the
research and writing the manuscript.
I take the opportunity to express my appreciation and heartiest thanks to my entire
respected teachers of the Department of Law for their proficient teaching and helpful
advice.

Declaration
I do hereby solemnly declare that the work presented in this thesis has been carried out by me
and has not been previously submitted to any other institution. The work of this dissertation,
presented and submitted by me, does not breach any copyright.
I further undertake to indemnify the University against any loss or damage arising from any
breach of the foregoing obligations.

Md:Ashraf uddin Talukder

ID No:13-1-21-0063
Department of Law
ASA University Bangladesh

Certification

This is to certify that the term paper on Statutory Provision and Legal Mechanism in regard
to Dower in Bangladesh perspective is done by Md:Ashraf uddin Talukder in partial
fulfillment of the requirements for the degree of Bachelor of laws (Honours) from ASA
University Bangladesh. The term paper has been carried out under my guidance and supervision,
and also is a record of the bona fide work carried out successfully.

Lecturer, Department of Law

ASA University Bangladesh

Abbreviations

AD

Appellate Division.

AIR

All Indian Reports.

AL

Awami League.

BLD

Bangladesh Legal Decisions.

BLT

Bangladesh Law Times.

BMP

Bangladesh Nationalist Party.

CJ

Chief Justice.

CMLA

Chief Martial Law Administrator.

DLR

Dhaka Law Reports.

HCD

High Court Division of the Supreme Court.

MNA

Member of National Assembly.

MP

Member of Parliament.

MPA

Member of Provincial Assembly.

NAP

National Awami Party.

PLD

Pakistan Legal Digest.

PM

Prime Minister.

PSC

Public Service Commission.

SCC

Supreme Court Cases.

SPL

Special Litigations.

List of Cases
1. Abdul Kadir v.Salima, I.L.R (1886) 8All 149.
2. Hassina Bibi v. Zubaida Bibi, (1916) 43 I.A. 294.
3. (Karachi case), Shah Bano v. Iftekar Mohammed, P.L..D 1956 (P.W). Kar. 363.
4. Smt. Nasra Begum v. Rigwan Ali, AIR 1980 All:119.
5. Mst. Razia Akhter v. Abul Kalam Azad, Family Suit No. 193 of 1989 (Unreported).
6. Mst. Hafeza liihi v. Md. Shafiqul Alam, Family Suit No. 15 of 1989 (Unreported).
7. Monawara Begum v. Hannan Hawladar, Family Suit No. 15 of 1989 (Unreported).
8. Mst. Roksana Begum v. Md. Abul Khair, Family Suit No. 96 of 1991 (Unreported).
9. Nasima Bilkis v. Md. Abdus Samad Khan, Family Suit No. 12 of 1992 (Unreported).
10. Ms. Shahida Begum v. Md. Mahbub Hossain, Family Suit No. 112 of 1991 (Unreported).
11. Margubater Rouf v. A.T.M. Zahurul Haq Khan, Family Suit No. 1 of 1992 (Unreported).
12. Ambia Khatoon v. Md Yasin Bepari, Family Suit No. 98 of 1990 (Unreported).

STATUTES

1. The Quran.
2. Muslim Family Laws Ordnance, 1961.
3. Family Courts Ordinance, 1985.
4. Muslim Marriages and Divorce (Registration) Act, 1974.
5. Muslim Marriages and Divorce (Registration) Rules, 1975.

ABSTRACT
Under the Muslim Law, dower is a sum of money or other property which the wife
is entitled to receive from her husband in consideration of the marriage. In this
thesis, I have discussed the concept of dower both under Islamic Sharia Law and
under the different statutory laws of Bangladesh. An attempt has been made to
describe some situations which may affect the Muslim womens right of dower. In
this context, I have examined some cases regarding dower which clearly show how
the Muslim womens right of dower has been curtailed in practice and prove the
patriarchal arbitrariness of Bangladeshi society. Finally, I have tried to give some
necessary recommendations to improve the existing situation.

Contents of Term Paper

Page
Acknowledgements

iii

Abbreviations

vi

List of Cases

vii

List of Statutes

viii

Abstract

ix

Chapter: One
INTRODUCTION
1.1 Definition of Dower or Mahr or Sadka
1.2 Root or Custom of Dower
Chapter: Two
CLASSIFICATION OF DOWER
2.1 Specified Dower
2.2The specified dower has been further divided into2.3Prompt Dower (Muajjal Mahr)
2.4 Deferred Dower
Chapter: Three
STANDARD OF DOWER AND CONDITION OR TERMS OF PAYMENT
3.1 Subject matter or object of Dower
3.2 Distinction between Dower & Dowry
3.3 Proper dower (mahr-i-mithl)
3.4 Contract of Amount of Dower in Marriage & Contract of Dower made by Father
3.5 Maximum & Minimum Amounts of Dower

3.6 Increase or Decrease of Dower

Chapter: Four
NECESSITY & PURPOSE OR INTENTION OF DOWER
4.1 Historical Background of Dower
4.2 Importance or Purposes of Dower
4.3 Difference between Sunni & Shia Law Regarding Dower
4.4 Shia Law
4.5 Sunni Law
Chapter: Five
DIFFERENT SITUATIONS WHICH AFFECT THE RIGHT OF DOWER
IN WOMENS LIFE
5.1 Remission of Dower by Wife
5.2 Dower Payable after Consummation of Marriage
5.3 Right of widows about dower
5.4 Effect if there are not paying off dower
5.5 Divorce before Consummation of Marriage
5.6 On account of Dissolution of Marriage
5.6.1 Dissolution of Marriage by Talaq
5.6.2 Dissolution of Marriage by Talaq-e- Tafweed
5.6.3 Dissolution of Marriage by khula
5.6.4 Dissolution of Marriage by Mubaraat

Chapter: Six
WOMENS RIGHT OF DOWER UNDER ISLAMIC SHARIAH LAW

6.1 The Sunnah

6.2 Quran

Chapter: Seven
LEGAL PROVISION REGARDING DOWER
7.1 Muslim The Family Courts Ordinance, 1985
7.2 Muslim Marriages and Divorces (Registration) Act, 1974
7.3 Muslim Marriages and Divorces (Registration) Rules, 1975
7.4 Family Laws Ordinance, 1961
Chapter: Eight
LEGAL MECHANISM TO RECOVER THE AMOUNT OF DOWER
8.1 Suit for Dower and Limitation
8.2 Non-payment of Prompt Dower and Restitution of Conjugal Right
8.3 Liability of Heirs for Dower Debt
8.4 No Right of Widow to alienate Property to satisfy Dower Debt
8.5 Widows Possession no Bar to a Suit for Dower
8.6 Suit for Possession by Widow who is dispossessed

Chapter: Nine

CONCLUSION

Bibliography