Regarding Payment of dower in the Marriages under Muslim Personal Law
DOI:
https://doi.org/10.46568/tis.v0i27.288Abstract
Regarding Payment of dower in the Marriages under Muslim Personal Law
Marriage generally involves some financial settlements under every legal
system, secular or religious. However, Muslim personal law requires the payment of
dower also, apart from maintenance, to be made by he husband to the wife. This is
in fact a strict financial obligation set by the sharia that has to be performed by
every husband in consequence of a marriage. The Holy Qur'an directs that 'Give
women their dowries as a free gift'(4:4). Dower is a financial gain of the wife, which
is her personal right. This·is an extra amount that is payable to her th.at
. incurs even no financial liabilities and the wife, i f l ikes, may keep it in the fo1m
of fixed deposit or may spend it according to her sweet will without any restriction
from her husband. Thus, the wife is the absolute owner.of the property obtained
by way of dower. This is also one of the distinguishing features of Islamic Law of
marriage. 'the payment of owner on the part of the husband is an admission of the
independence of the wife for she becomes the owner of property immediately on her
marriage though before it she may not have owned anything. 1 This is absolutely her
own property over which husband has no legal right There are many verses of the
Holy Qur'an that indicate that this is her absolute right and 'so it is not lawful for her
father or any other one to take any part ' of this property
Dower : General Principles
Dower: Source of Obligation:Sharia,not contract.
Though marriage under lslamic Law is generally treated as a contract, the agreement
of the parties is not only the source of rights and duties to arise in consequence of
such contracts, there are many unilateral obligations that arise in consequence of
marriage. They are not settled by the parties themselves but arc imposed by .. the
. sharia. Dower is one of the those unilateral obligations on the husband which has
been imposed by the shariyaaa irrespective of the agreement
