Define Dower?
- Introduction
Dower is one of the conditions of validity of marriage and an agreement to forgo it is not permitted because of the words of the Exalted. In Islamic law, Maher belongs absolutely to the wife.
"There is no blame on you if ye divorce women before consummation or the fixation of their dower; but bestow on them (A suitable gift), the wealthy according to his means, and the poor according to his means;- a gift of a reasonable amount is due from those who wish to do the right thing."(Sura البقرة - Al-Baqara )(Verse 2:236)
"And give the women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer."(Sura Al Nisa Verse 4)
"There is no blame on you if ye divorce women before consummation or the fixation of their dower; but bestow on them (A suitable gift), the wealthy according to his means, and the poor according to his means;- a gift of a reasonable amount is due from those who wish to do the right thing."(Sura البقرة - Al-Baqara )(Verse 2:236)
"And give the women (on marriage) their dower as a free gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer."(Sura Al Nisa Verse 4)
- Definition
1) Mahr or Dower is a sum of money or other property which the wife is entitled to receive from husband in consideration of the marriage.(see Baillie, p, 91,)
2)“Dower, under the Muhammadan law, is a sum of money or other property promised by the husband, to be paid or delivered to the wife in consideration of the marriage, and even where no dower is expressly fixed or mentioned at the marriage ceremony, the law confers the right of dower upon the wife.” Mr. Justice Mahmood (in Abdul Kadirv. Salima, (1866) 8. All. 149)
2)“Dower, under the Muhammadan law, is a sum of money or other property promised by the husband, to be paid or delivered to the wife in consideration of the marriage, and even where no dower is expressly fixed or mentioned at the marriage ceremony, the law confers the right of dower upon the wife.” Mr. Justice Mahmood (in Abdul Kadirv. Salima, (1866) 8. All. 149)
- Effect / Purpose
It is not consideration in the modern sense of term but an obligation imposed by law upon husband as a mark of respect to wife. Dower is proud protection to wife against divorce because a Husband thinks twice before divorcing a wife when he knows that upn dicorce whole of the dower would be payable immediately.
- Hadees About Dower
(Sahi Bukhari - Volume 6 - Number 103)
Guidelines for students of LLB part 2