Submitted By:

Meenakshi Sharma
Malika Lalit
 Meaning & Definition : In a Muslim marriage, Mahr is the sum that
become payable by husband to wife on marriage, either by agreement
between the parties or by operation of law. it may be prompt (Mu’ajjal)
and deferred (Mu’wajjal).The dower is regarded as a mark of respect to
the bride

 The terms “dowry" and “brideprice" are sometimes incorrectly used to

translate mahr, but mahr differs from dowries in many other cultures.

A dowry traditionally refers to money or possessions a woman brings

forth to the marriage, usually provided by her parents or family; bride
price to money or property paid by the groom or his family to the parents
of a woman (but not to the woman herself) upon the marriage.
• Mahr is the mal (money or property of any kind)which is an
obligation of man towards the woman as a result of
marriage.(Section 127)

• Mahr is a financial right arising from marriage contract

which is an obligation in all circumstances, even if at the time
of marriage it was agreed upon that there will be no
mahr.(Section128)

• The amount of mahr may be fixed and paid either before ,at
the time of ,or after marriage from the assets of husband. The
wife is competent to relinquish the mahr provided she has
attended the puberty at the time of relinquishment.
 The amount of Mahr may be either fixed or not but
cannot be less than minimum laid down by law

 Minimum laid down is 10 dirhams in case of Hanafi

law and 3 in case of Maliki law

Under shia law there is no minimum amount

prescribed but can never exceed 500 dirhams.
 If the Mahr 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 3 years

 In case of prompt Mahr, the period of limitation

starts, when the Mahr is demanded and refused. In
case of deferred Mahr it starts from date of dissolution
of marriage by death or divorce.
 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
 The amount of dower may be fixed:
 (a) By entering into an agreement
 (b) By operation of law

 Accordingly, the dower may be classified as follows:

 1. Specified Dower ( Al-mahr-al-musamma)
 (a) Prompt Dower ( muajjal)
 (b) Deferred Dower ( muwajjal)

2. Proper Dower or Customary Dower ( Mahr al-misl)

 (1) Specified Dower : The any amount of dower settled
by the Husband and in case of minor by father
(binding on husband) is called ‘specified dower’.
 (a) Prompt Dower : It is the portion of dower, which is
payable on demand of wife and may be realized by the
wife before or after consummation. She has a right to
refuse to live with her husband, if prompt dower is
unpaid and taken as defense for restitution of conjugal
rights( filed before consummation).
 (b) Deferred Dower : The portion of Dower, which is
payable on dissolution of the marriage, by death or
divorce is called ‘Deferred Dower’.
 - Where not fixed in respect of treated as prompt or
deferred
 Shia Law- Whole treated as prompt dower.
 Sunni Law- Part is regarded as prompt and part as
deferred.
 - Wife’s interest in deferred dower is vested and her
heirs can claim the amount.
 2.Proper or Customary Dower : When the
amount of dower is not fixed( at time of
marriage) under the contract, then still the
wife is entitled to proper dower.
 In fixing the amount court’s regard must be
paid to
- social position of bride’s father’s family
- Her personal qualification, etc
 1. Refusal to Cohabit – If the marriage has not been
consummated the wife has a right to refuse to cohabit
with her husband so long as the prompt dower is not
paid.
 2. Right to dower as a debt – The dower ranks as a debt
and widow is entitled along with other creditors to
have it satisfied on death of husband, out of his estate.
 3. Right to retain her deceased husband’s property –If
the widow has lawfully obtained the possession of her
husband property in lieu of dower payment, she has
right retain his property until dower is paid.
 Sunni Law
 1. Minimum Limit of 10
dirhams.
 2. No limit to proper dower
 3. In case of specified dower (
minor) father is not personally
liable for payment unless stand
as surety.
 4. If the marriage is dissolved by
death and dower has not been
specified, or it is agreed that no
dower shall be payable, proper
dower would be due whether the
marriage was consummated or
not.
Shia Law
 1. No minimum limit is
prescribed. ( Max. 500 dirhams)
 2. Proper dower cannot exceed
5oo dirhams.
 3. Irrespective of surety in case
of minor liability rests on the
father.
 4. In such case no dower would
be due if marriage was not
consummated.
 Refusal of Conjugal Rights -

 Nasra Begam v. Rizwan Ali ( decree of restitution of

conjugal rights on condition of payment of prompt
dower)

 Anis Begum v. Muhammad Istafa Wali Khan ( decree

passed in favour of husband sbject tonhis payment of
prompt dower.
Thank You