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    Mahr (Dower) : Submitted By: Meenakshi Sharma Malika Lalit

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    Meenakshi Sharma
    Mahr, also known as dower, is the sum that the husband pays to the wife on marriage under Islamic law. It can be paid promptly or deferred. The minimum amount varies between Muslim sects but is meant to honor the bride. If not paid, the wife can sue for enforcement. The types of mahr include specified (agreed upon) amounts that are prompt or deferred, as well as customary mahr determined based on social status if no amount is specified. The rights of the wife include refusing cohabitation until prompt mahr is paid and claiming mahr as a debt after the husband's death.

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    Mahr (Dower) : Submitted By: Meenakshi Sharma Malika Lalit

    Uploaded by

    Meenakshi Sharma
    150 views14 pages
    Mahr, also known as dower, is the sum that the husband pays to the wife on marriage under Islamic law. It can be paid promptly or deferred. The minimum amount varies between Muslim sects but is meant to honor the bride. If not paid, the wife can sue for enforcement. The types of mahr include specified (agreed upon) amounts that are prompt or deferred, as well as customary mahr determined based on social status if no amount is specified. The rights of the wife include refusing cohabitation until prompt mahr is paid and claiming mahr as a debt after the husband's death.

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    ppt on dower

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    MAHR (1)

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    Mahr, also known as dower, is the sum that the husband pays to the wife on marriage under Islamic law. It can be paid promptly or deferred. The minimum amount varies between Muslim sects but is meant to honor the bride. If not paid, the wife can sue for enforcement. The types of mahr include specified (agreed upon) amounts that are prompt or deferred, as well as customary mahr determined based on social status if no amount is specified. The rights of the wife include refusing cohabitation until prompt mahr is paid and claiming mahr as a debt after the husband's death.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    150 views14 pages

    Mahr (Dower) : Submitted By: Meenakshi Sharma Malika Lalit

    Uploaded by

    Meenakshi Sharma
    Mahr, also known as dower, is the sum that the husband pays to the wife on marriage under Islamic law. It can be paid promptly or deferred. The minimum amount varies between Muslim sects but is meant to honor the bride. If not paid, the wife can sue for enforcement. The types of mahr include specified (agreed upon) amounts that are prompt or deferred, as well as customary mahr determined based on social status if no amount is specified. The rights of the wife include refusing cohabitation until prompt mahr is paid and claiming mahr as a debt after the husband's death.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 14

    MAHR ( DOWER)

    Submitted By:
    Meenakshi Sharma
    Malika Lalit
    MAHR
    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.
    Law of marriage (complied by All India
    Muslim Personal Law Board)
    • 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.
    AMOUNT OF MAHR
    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.
    Enforcement of Mahr
     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.
    REMISSION OF DOWER

    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
    Kinds Of Dower
    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)


    Kinds of Dower
    (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’.
    Kinds of 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.
    Kinds of Dower
    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
    Rights and Remedies of Wife on Non-
    Payment of Dower
    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.
    Difference between Shia and Sunni Law
    Sunni Law Shia Law
    1. Minimum Limit of 10 dirhams.  1. No minimum limit is
    2. No limit to proper dower prescribed. ( Max. 500 dirhams)
    3. In case of specified dower  2. Proper dower cannot exceed
    ( minor) father is not personally 5oo dirhams.
    liable for payment unless stand as  3. Irrespective of surety in case
    surety.
    of minor liability rests on the
    4. If the marriage is dissolved by
    father.
    death and dower has not been
    specified, or it is agreed that no  4. In such case no dower would
    dower shall be payable, proper be due if marriage was not
    dower would be due whether the consummated.
    marriage was consummated or not.
    Case Laws
    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

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