Define Dower?
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)
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)
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.
Ibn Abbas: regarding the Divine Verse: "O you who believe! You are
forbidden to inherit women against their will, and you should not treat
them with harshness that you may take back part of the (Mahr) dower you
have given them. " (4.19) (Before this revelation) if a man died, his
relatives used to have the right to inherit his wife, and one of them
could marry her if he would, or they would give her in marriage if they
wished, or, if they wished, they would not give her in marriage at all,
and they would be more entitled to dispose her, than her own relatives.
So the above Verse was revealed in this connection.
(Sahi Bukhari - Volume 6 - Number 103)
Guidelines for students of LLB part 2
