Concept of dower under Islamic law

Dower
Mahr is obligatory in marriage
Dower is not consideration in the contract of marriage
Minimum amount of dower and determination of
reasonable dower
The thing named as dower must be marketable wealth
It shouldn't be an unknown thing
Dower in order to be valid must be named in a contract
that is valid and not irregular
Prompt and Deferred Dower
Cause of obligation, time of obligation and mode of
obligation
Prompt dower (muajal)
Silent is maintained about the time of payment of dower
(sec 10 MFLO 1961). Till the payment she has
following rights
1. Deny right of cohabition
2. Can go out at will
3. Single dirham remains undelivered
4. Wife consent to delay in payment
 Deferred dower
Customary to assume (death or divorce)
Delayed payment time unknown e.g at the time of
financial ease or change of season
PART PROMPT AND PART DEFERRED
Some denied legal validity of it
 Confirmation of full dower
Consummation
Proper seclusion (real, legal or physical)
Death of one of the spouses
Causes leading to the extinction of full
dower
Separation (furqah)
Discharge (ibra’)
Khul
Gift of entire dower
Causes leading to the extinction of one-half
dower
Divorce prior to consummation after marriage contract
Gift of consolation becomes obligatory
Dispute over dower
 Disputes over dower during the lifetime of the spouses
1. Prior to divorce or after it, before divorce about naming, reasonable
dower becomes obligatory
2. When specie, kind, quality then dayn or ayn
 Dispute before divorce
1. Evidence available
2. Oath administered, in case of reasonable dower and excess of
reasonable dower. Refusal considered acknowledgment.
 After divorce
1. Consummation of marriage
2. Resolution of dispute will be same
3. One half
4. Statement of husband given precedence respect to amount of dower
Disputes between the living spouse and heirs of the
deceased spouse
1. Women and heirs reasonable amount
2. Husband, heirs in case of excess amount

Disputes over dower between the heirs of spouses

when both are dead
1. Abu Hanifa view
2. Evidence about reasonable dower
Remedies available to the wife for non
payment of dower
Dower is an unsecured debt
Period of limitation
Simple money decree may be made by court
Suit for restitution of conjugal rights
Widow retain property
Ghulam Ali v. sagir-ul-nisa (1901) 23 All. 432.
Suit for recovery of deferred dower
Time limitation
Estate that is liable
Dispute about household assets when the spouses
have no supporting evidence