Introduction

In Islamic law, dower—commonly referred to as "mahr"—is a fundamental and obligatory component of the Muslim marriage contract (*nikah*). It is a gift or consideration that the husband must provide to his wife, either in the form of money, property, or any valuable asset, as a symbol of respect, commitment, and responsibility. The Qur'an and Hadith emphasize that mahr is not merely a formality, but a legal right of the woman that cannot be denied or neglected.

Mahr is not a bride price or a sale of the bride, but rather a token of the husband's willingness to accept the marital obligations and a gesture to honor the wife. It can be specified at the time of the marriage (specified mahr) or left undetermined (unspecified mahr, in which case customary or reasonable mahr is presumed). It may be paid immediately (prompt mahr) or deferred (deferred mahr) to a later time, often in case of divorce or death of the husband.

The concept of mahr serves multiple purposes in Islam:

• It provides financial security to the wife.
• It acts as a deterrent against hasty divorce.
• It affirms the seriousness and sanctity of the marital bond.

The Qur'an explicitly states:

“And give the women \[upon marriage] their \[bridal] gifts graciously...” (*Surah An-Nisa, 4:4*).

This verse underscores the obligation and significance of mahr as a duty, not a favor.

In essence, mahr reflects Islamic values of justice, respect, and the empowerment of women in marital relationships.

 

What is Dower It's types

Dower is a sum that becomes payable by the husband to the wife on marriage either by agreement between the parties or by operation of law. There was a custom among Arabs known as 'shighar' in which a man would give his daughter or sister in marriage to another in consideration of the latter giving his daughter or sister in marriage to the former. Thus, neither of the wives could get a dower because the exchange of daughters or sisters was considered as dower. Islam introduced the concept of mahr and made obligatory on the husband to pay it to the wife as an essential incident of marriage.' So Mahr is that maal, which is given by the husband to the wife as agreed at the time of Nikah for martial intercourse. It is not a consideration as defined and understood in the law of contract. It is not a sale price for women because it is paid to wife and not to wife's father or guardian. However, it can be regarded as an amount which the husband pays to wife for cohabitation. In other words, it is a consideration for martial intercourse. This is the reason that wife has a right to refuse access to husband until the prompt dower is paid. It is an obligation imposed upon the husband as a mark of respect to the wife for the personality and person of the wife. The words used for mahr in the Quran are 'sadaq' (truth) and 'na-hala' (sweetness of honey). It should be noted that individual personality of wife and husband remains intact even after the marriage in Islam. The overemphasis on the nature of marriage as civil contract has given rise to the confusion that mahr is treated as consideration which is not true. It is to be noted that an 'agreement to pay, the mahr' is one of the essentials of nikah, but not the 'actual payment of mahr' at the time of nikah. Once the agreement to pay mahr is made, the husband becomes bound to pay mahr as per the agreement. The mahr can be paid in the form of cash or kind or both. The dower becomes con-firmed by the consummation of marriage or by a khilwat-sahi-ha or by the death of either the husband or the wife.

 

Classification of Dower

The classification of dower is based on the nature of dower agreed at the time of Nikah. These are:

1. Specified dower (Mahr Mussama)

When the dower is settled or fixed or stated before, at the time of, or after the nikah between the parties it is called specified dower. There is no upper limit on the fixation of mahr, however, it should not be in any case less than ten Dirhams as per the Hanafi jurists. However, the Malikis inhabiting in poorer and less populous country than that in which the early Hanafi jurists flourished, considered even a smaller sum as permissible. The Shia Sharaya says: there is no limit either to the maximum or to the minimum of dower, it is a matter of contract between husband and wife: so long as the article giv-en or assigned by way of dower possesses any definite value, it is considered valid. Both schools, however, regard excessive dower improper, though not absolutely illegal. However, the economic standard of the husband, the value of maal (sum of money or any article which has definite value) and social status of wife is to be taken into consideration while fixing the mahr. The excessive and extravagant mahr should be avoided. Specified dower is further divided into:

a) Prompt dower (mahr-i- mu'ajjal)

The dower which is payable immediately on the demand of the wife at the time of marriage or after the marriage is called prompt dower. The wife has a right to refuse herself to hus-band until the prompt dower is paid. She may realize such dower any time before or after the consummation of marriage. It is a dower payable on demand. However, the absolute right of the wife to insist on payment of the prompt dower before giving him the access to her is lost after the consummation of the marriage. The non-payment of prompt dower before consummation of marriage is a complete defense for the wife against a suit filed by the husband for the restitution of conjugal rights and in such situation suit must fail and will be dis-missed. However, if the suit is brought after sexual inter-course has taken place with her free consent the proper decree to pass is not a decree of dismissal, but a decree for restitution, conditional on payment of prompt dower.

b) Deferred dower (mahr-i-muwajjal)

The dower which is payable or which becomes due on the dissolution of marriage either by death or divorce is called deferred dower. This means if at the time of talaq the mahr is unpaid, the wife becomes entitled to receive that unpaid mahr immediately. However, if there is any agreement between the parties, then it can be paid before dissolution of marriage. Deferred portion remains unpaid until the dissolution of the con-tract or such other time as its payment may have been postponed. In case of deferred dower, the wife does not have the option of refusal of access to husband till it is paid according to Imam Muhammad and Shia Law. However, Abu Yusuf is of opinion that she can refuse. It is submitted that the former view is stronger and is generally followed in India.

2. Unspecified dower/Customary dower/Proper dower (Mahr-i-Misl)

When the dower is not specified or fixed at the time of nikah, then the wife is entitled to customary dower which is also called proper dower or mahr-i-mithl. It is regulated or determined according to the social position of her father's family and her own personal qualifications and also with reference to the dowers given to the female paternal relations, such as her consanguine sisters or paternal aunts or the daughters, of her paternal uncles. However, this is not hard and fast rule to determine mahr exactly on the scale of paternal relations. Some-times the wife may be superior to all the female members of her father's family in intellectual attainments, personal attraction, age, understanding, virtue. Mahr mithl is 'dower of her equals' which means to imply that an approximation may be made by observing the custom which has prevailed in her father's family provided she does not differ in intellectual capacity or personal attractions from the female relations with whom she is compared. The Shias also regard customary dower to be regulated by a regard to the nobility of her birth, the beauty of her person, and the custom of her female relations. Moreover, regard must be paid to the local customs, with special reference to the dowers of the women, who are the equals of the female in question in knowledge, lineage, wealth and understanding.

3. Traditional Dower (Mahr-i-Sunnat)

This dower is recognized by the Shia School. It refers to the amount of dower adopted by the Prophet Muhammad (SAW) for the Nikah of his beloved daughter Fatima (R.A.) which is said to be five hundred Dirhams. This is also known as mahr-i-fatimi. The Prophet (SAW) would not generally fix mahr more than five hundred Dirhams. This is the reason that many Shia Jurists consider that proper dower should not exceed five hundred Dirhams."

Effect of Consummation of Marriage on Dower

The general rule among all the schools is that when the marriage has been consummated, the wife becomes entitled to entire dower as specified and if not specified then she is entitled to proper dower (mahr-i-misl).

Where the dower is specified, but the separation between husband and wife takes place before consummation of the marriage, she is entitled to half the specified dower according to all the schools.

Where the dower is not specified and separation takes place before consummation of marriage, then according to Hanafi law the wife is only entitled to present (some gift items) the amount of which depends upon the usages of the country and according to Shia law the wife is entitled to present which is to be regulated by the position and means of the husband.

Where the marriage is dissolved by death and the dower has not been specified or it is agreed that no dower shall be pay-able, in such case the wife is entitled to proper dower whether the marriage was consummated or not under Sunni law. Un-der Shia law the wife is not entitled to dower if the marriage was not consummated.

 

Wife/Widow's Rights in case of Unpaid Dower

As already discussed in the case of non payment of prompt dower, the wife has a right to refuse the cohabitation. Similarly, as long as dower is not paid, it ranks as a debt. This means if the husband is alive the wife can recover the dower debt by instituting a suit against him. If the husband dies without paying dower, then such widow is entitled along with other creditors (if any) to satisfy such debt out of his estate. This right to re-cover the dower debt would precede her inheritance right in the deceased husband's estate. It is to be noted that debts have precedence over the legacy bequeathed by the testator and the rights of heirs. If the wife predeceases the husband and the dower was unpaid, then the heirs of the wife including the hus-band become entitled to her dower and he is liable for the amount less his share. For example wife dies and unpaid dower is Rs. 8000/- leaving behind husband and son. The husband is entitled to Rs. 2000/ and Son is entitled to Rs. 6000. The amount of Rs. 6000/ is a liability on husband payable to the son.

Widow's Right of Retention

If the widow is lawfully in possession of her deceased husband's property, in lieu of her unpaid dower, she is entitled to retain such possession until her dower debt is satisfied. This is called widow's right of retention. It is a personal right given by Muslim Law to safeguard the position of the widow as against other heirs and creditors to enforce her rights. However, this right of retention or possession of the husband's estate does not confer on the widow any title to the property. She has no right to alienate the property by sale, mortgage, gift, or other-wise and if she attempts to do so she loses her right of retention. Her right to hold possession is different from her right as an heir." Also, if the widow gives up possession, she loses her right to hold possession back. A widow's right to retain the possession of her husband's estate does not arise during the continuance of marriage. It comes into existence only after the death of her husband or if the marriage is dissolved by divorce, immediately on such divorce but not before. The possession must be actual. If she was not in actual possession of the property at this time she cannot afterwards acquire possession of the husband's estate in lieu of this right. It is a right to retain, not to obtain the possession of her husband's estate. The right of retention of widow is not a mortgage because mortgage arises as a result of an agreement between mortgagor and mortgagee, while as a right of retention is conferred by law. This right does not constitute a charge on the property and as such she is not a secured creditor.

 

Remedy Against Unpaid Mahr/Dower

Refusal to Cohabit: A woman in marriage has the right to refuse to cohabit with her husband if Dower is not paid, and she can live with her parents or guardians until payment is made. If consummation happens, she cannot refuse to cohabit. If she refuses to reside with her spouse, she is eligible for a conditional Dower. The Wilayat Hussain v. Allah Rakhi (1880) case established that even after marriage, a husband cannot refuse to pay mahr to his wife, letting her to avoid her marital commitment. In Rabia Khatoon v. Muktat Ahmad (1966), sexual intercourse with permission was deemed a rejection of adequate dower, resulting in her conditional dower.

 

Right to Dower as Debt: Dower is an unsecured obligation against a spouse that can be paid by bringing a lawsuit against his heirs after his death. The heirs are solely accountable for the amount and proportion to which they inherited the dead husband's estate. If the spousese is still living, the widow might sue him to obtain her dower.

 

In Bano Begum v. Mir Aun, (1907) if a widow has never received the sum of Haq Mahr from her deceased husband after they divorced, she might petition the court for dower money. The court is required to issue an order for the recovery of the whole sum specified in the nikahnama. If the husband is still living, the woman can reclaim the dower by filing a lawsuit against him.

Right to Recover from Property: Following the breakup of marriage, the wife, along with other creditors, has the right to reclaim the dower payment. This right is no different than that of any other unsecured creditor. If the wife takes possession of the husband's property to reclaim her dower payment due to rent or other difficulties, her right of possession against the heirs and other creditors lasts only until the sum is met or paid from the estate by the heirs themselves. This privilege emerges only after the breakup of the marriage and does not grant the wife any title to the property in which she takes possession. If no dower is paid to her, the woman may keep her husband's property in place of Dower. She does not, however, get any title to the property and hence cannot alienate it.

In Mama Bibi v. Chaudhary Vakil Ahmed (1924), a widow maintained her husband's property upon his death. In 1907, the ruling was made in favour of the husband's legal heirs. A widow's right to maintain ownership of her husband's inheritance in lieu of a dower is for a special purpose that requires prompt payment of the dower, which is an unsecured debt.

Remission of Dower

The wife may also remit the dower in favour of her husband. She can remit to reduce her husband's concern. Remission of dower is exclusively at the discretion of the wife.

To do this, certain criteria must be met:

If the wife reaches the age of majority.

If she is of sound mind, Dower is remitted by voluntary agreement, without undue persuasion.

Remission can be done after marriage, either before or after it is consummated.

 No remission may occur prior to marriage.

Remission can occur even without consideration.

Period of Limitation for Dower

The limitation period is of three years, and it begins with the demand of the dower and the denial of the husband. If the woman does not claim the dower for the whole duration of the marriage, the restriction period begins once the marriage is dissolved, either by death or divorce. The passage of time since marriage creates no presumption in favour of the payment of dower time since marriage creates no presumption in favour of the payment of dower.

Restitution of Conjugal Rights

Marriage confers important rights and entails correspond-ing obligations both on the husband and on the wife. An important obligation is consortium i.e. living together" or the right of a spouse to all the normal relationships with his or her mate. A fundamental principle of matrimonial law is that one spouse is entitled to the society and comfort of another. Con-jugal rights mean the fulfillment of such rights of a spouse which resulted from the valid marriage. Thus, when either the husband or the wife has, without lawful cause, withdrawn himself or herself from the society of the other, the aggrieved party may bring a suit for the restitution of conjugal rights,24 Where a wife without lawful cause refuses to live with her husband, the husband is entitled to sue for restitution of con-jugal rights and similarly the wife has the right to demand the fulfillment by the husband of his martial duties. If withdraw-al or refusal from the society of other is based on reasonable and just causes then suit for the restitution of conjugal rights fails. The law recognizes such circumstances which would justify wife's refusal to live with her husband. In India the courts have recognized the right of restitution of conjugal rights; however, such right is not absolute. The leading case on this point is Moonshee Buzloor Ruheem v/s Shumsoonnissa Begum in which the relations between husband and wife were considered ji in broad terms and it was held that a suit for restitution of conjugal rights would lie in a civil court by a Muslim husband to enforce his martial rights and that in such a suit he would be entitled to a decree for the return of the wife. But if there is cruelty to a degree rendering it unsafe for her to return to his dominion or if there be a gross failure on his part to perform the obligations imposed on him by the marriage contract for the benefit of the wife and if it is successfully proved, then the court would be justified in refusing such relief to the husband in the suit. The wife has a right to plead the refusal to resume the conjugal relationship on the grounds of cruelty or habitual ill-treatment or non-payment of prompt dower or she had repudiated the marriage in exercise of the 'option of the puberty or any other justifiable reason.

 

In Anis Begum v Muhammad Istafa" it was laid down by Sulaiman C.J that the courts in India have a large discretion when a suit is brought for restitution of conjugal rights. It was established in this case that the husband was keeping a mistress in the same house with his wife and that when quarrel ensued on that account he treated his wife with cruelly. The court, while decreeing restitution, imposed certain conditions on the hus-band that unless he gave an undertaking not to keep any mis-tress in the house, a separate house should be provided for the wife and two servants of her choice for her personal safety.

In Itwari v/s. Ashgarit the Allahabad High Court in a suit for restitution of conjugal rights of a Muslim husband against the first wife after he has taken a second wife held the onus is for the husband to prove that his taking(marrying) a second wife involved no insult or cruelty to the first wife. If the court feels that circumstances are such as to make it inequitable for the courts to compel the first wife to live with him, then it will refuse relief.

 

In Shakila Banu v. Ghulam Mustafa" the court held that restitution of conjugal rights is not to be lightly ordered. When the wife has a reasonable apprehension that her life is unsafe, she should not be compelled to live with her husband. In a hus-band's suit for restitution of conjugal rights wife's evidence regarding cruelty does not require corroboration because corroboration is not required in civil cases. However, she has to prove both physical and legal cruelty. Since the passing of the Dissolution of Muslim Marriage Act, 1939 the courts have leaned heavily in favour of the wife in all such cases and restitution is not passed in favour of husband unless the wife is clearly in the wrong.

Is mahr bribe?

the concept of mahr is not clearly understood by everyone, most of the people thinks that mahr is the bribe and some said it is the price of the bride which is given by the husband, they usually understand the muslim marriage as a sale. The concept of the mahr is also mentioned in the quran and the quran says in the surah nisa:

"And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease."

There are several hadith on the mahr which clearly indicates that it is not bribe nor the sale of the bribe 

A man had nothing to give as Mahr. The Prophet ﷺ said,
“I marry her to you for what you know of the Qur’an.”
(Sahih al-Bukhari 508, Sahih Muslim 1425)

The Prophet ﷺ said:

“The best marriage is the one that is easiest (least burdensome) in terms of Mahr.”
(Sunan Ibn Majah 1887 – Hasan)

These hadiths and ayats of the quran indicates that mahr is a type of gift and it is the discretion of bride that she can accept it or can give up.

Polygamy in Islam

Islam did not introduce polygamy. It was already an established institution in all countries and religions. It was practiced by David, Solomon, Abraham and other reformers and Prophets in different stages of history. It was not directly for-bidden even in the New Testament. It was prevalent among all the eastern nations like Medes, Babylonians, Assyrians, Chinese and Japanese. It was prevalent among Israelis, Athenians, Romans, in Sparta, Persia, Europe, and among the Hindus. The practice of polygamy was misused, abused and unrestricted. It had become a wife lending institution, which was marketable, transferable, and a subject of testamentary disposition. Islam checked, regulated and restricted it at four. Is-lam allows marrying four wives at one point of time, but not more. There is a clear direction in the Quran that a Muslim should marry only one wife, if he fears of injustice and dis-crimination between the wives in case of marrying more than one. The Arabs used to marry unlimited number of women at one point of time. Islam limited it at four and that too with strict conditions.

 

"To marry such women as seem good to you, two, three or four; but if you fear that you cannot do justice between them and then marry only one; this is better so that you may not deviate from the right path."

 

Islam ensured that rights which arise out of Nikah must be fulfilled by the husband in case he desires to contract a second or third marriage. The institution of polygamy of Islam is most frequently criticized and considered as anti-gender and discriminatory to women. In the present world, it is considered as primitive and backward to have more than one wife. Even many feminists go to the extent of voicing the woman's right to have a plurality of husband the way the man has the right to have a plurality of wives. It is to be noted that under Islamic law a Muslim woman to have more than one husband at the same time is forbidden and unlawful. A woman whose husband is alive and who has not been divorced cannot con-tract a second marriage and if contracted then such marriage is completely void. It is to be noted that Prophet Muhammad married Hazrat Khadija (RA) who was not only fifteen years old-er than the Prophet (SAW) but also a two time widow. More importantly, she was the only wife of the Prophet for near about twenty five years till her death. After her demise, the Prophet SAW) married with woman of different age groups and marital status. Except Hazrat Ayesha (RA), all other were either divorcees or widows. This shows that polygamy or polygamous marriage was not promoted as mere fulfilling of carnal desires as is portrayed by the critics, but with the larger objectives of a critical nature like to suppress the illicit relations between males and females in the society. It also encouraged rehabilitating divorced women, destitute women, widows thereby adopting or taking care of such children and orphans of such women and widows. Islam encourages that a Muslim if de-sired to marry second or third time should marry a divorcee or widow or a poor girl or a woman so that they would not be vulnerable to exploitations. This practice was not only practiced by the Prophet (SAW) himself, but also followed by Companion of the Prophet who's second or third wives were either divorced ones or widows. The critics of polygamy do not say any word about live-in relations and prostitute relations where women are treated like 'use and throw' but criticize the legally recognized wedlock of man and woman in the form of marriage. It is to be noted that the Quranic direction of polygamy was in the backdrop of increasing number of widows as a result of battles fought between Pagan Arabs and Muslims." The Quranic verse which conditionally permits polygamy was revealed after the battle of 'Uhad' in which many Muslim males were killed reducing the male population. Many young girls who had become orphans and the widows required support, shelter and protection. Today's world is conflict-ridden and wars are going all around. In the past in World War I and II millions were killed, and end number of women became widows or remained unmarried because of the want to match. This gave rise to morality crisis and led to manifold increase in the illegitimate relations and issues thereof. Many women were subject to forced abortions because of the want of parentage and it also gave rise to mistress culture. Similarly, there are other incidental reasons where a man may go for another marriage like the perpetual illness of first wife, or barrenness of first wife or wife's inability to cohabit.

 

Having said that, polygamy is not an easy task as it seems.

No doubt Islam allows polygamy, but with the strict condition that equal justice is done to all the wives. Not everyone in the society can afford to marry more than one wife. It is for those who are economically well off and can meet the ends of justice.

 

The Arabs had a custom of marrying at a very young age, i.e. immediately after reaching age of puberty and that continues till date. They don't prefer late marriages usually. So it is natural phenomenon that when they marry at a very young age of eighteen or twenty, or in many cases earlier than that like fifteen or sixteen, it is quite possible that by the age of forty or fifty they would go for another marriage or more than that. On the other hand, for example in Kashmir, the average marriageable age has reached up-to thirty five years to forty owing to varied reasons. So, when a first marriage is done at the age of thirty to thirty-five, it is very rare such a Muslim will go for another marriage. More importantly marriages in Kashmir have become a very costly affair. In these circumstances, polygamy as an institution is unlikely to grow in such areas where marriageable age is increasing and the people are economically not so sound to fulfill the rights of their wives.

Difference between mahr and bribe

What is Mahr in Muslim Law and why is it important?

Mahr (also spelled as Dower) is a mandatory payment or gift that the husband is required to give to his wife at the time of marriage or any time thereafter. It is a legal obligation under Muslim personal law and serves both as a mark of respect to the wife and as financial security in case of divorce or widowhood. It is an essential element of a valid Muslim marriage (nikah).

What are the different types of Mahr in Muslim Law?

Mahr is mainly classified into two types: • Prompt (Mu’ajjal): Payable immediately after the marriage or upon demand by the wife. • Deferred (Mu’wajjal): Payable upon dissolution of marriage (by death or divorce), or at a specified later time. Courts may also recognize proper (Mahr-i-misl), which is determined based on social status and customs if no specific amount was fixed at the time of marriage.

Can a wife refuse cohabitation if Mahr is unpaid?

Yes, under Muslim law, if the prompt mahr has not been paid, the wife has the legal right to refuse cohabitation until it is paid. This right is enforceable, and her refusal does not amount to disobedience or justify a divorce or denial of maintenance. This reinforces the seriousness and obligatory nature of Mahr in Muslim marriages.