Lex Orbis

Kinds of Punishment

Theories of Punishment

Schools of Law
Jurisprudence (Complete Note)
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Ownership full concept .

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⚖️ Dower according to Muslim Law

✪ Definition of Dower:
TYABJI: "Mahr or 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."

✪ Nature of Dower:
Justice Mahmood, in Abdul Kadir v. Salima (1886), described the nature of dower under Muslim law as:
"Dower under Muslim law is not the consideration for marriage, but it is an obligation imposed by law as a mark of respect to the wife."

In essence, according to him:
• It is a legal obligation arising from marriage.
• It is not a price for the contract of marriage (i.e., not like a sale consideration).
• Its purpose is to protect and honour the wife, ensuring her financial security.

✪ Kinds of dower: 2 kinds
➤ Specified: An amount settled by the parties at the time of marriage or after.

Specified dower has been further divided into 2 types:

☞ a. Prompt Dower: Prompt dower is payable on demand. The prompt portion of the dower may be realised by the wife at any time before or after consummation. Under the customary law if the prompt dower is not paid on demand, the wife has a right to refuse conjugal rights.

☞ b. Deffered Dower: Deffered dower is payable on the dissolution of marriage by death or divorce. It couldn’t be so demanded by wife.

➤ Unspecified Dower: In such cases where the dower has not been settled at the time of the marriage or after. It is fixed with reference to the social position of the wife's family and her own qualifications.

☞ Help would be taken by taking into account the amounts of dower fixed in case of wife's sister, paternal aunts etc.
☞ According to Hedaya: Wife's age, beauty, intellect & virtue
☞ Such dowers are called mahr ul misl

✪ Minimum and Maximum Amounts of dower:
➤ Minimum:
☞ Hanafis: 10 dirhams
☞ Malikis: 3 dirhams
☞ Shafis & Shias: No minimum

➤ Maximum:
☞ Sunnis: No maximum (Fyzee cites an example Rs 2,20,00,000)
☞ Shias: There is a tendency not to stipulate for a sum higher than the minimum fixed by the Prophet for his favourite daughter Fatima, wife of Ali, namely 500 dirhams

✪ Amounts of dower and conditions of payment:

➤ 1. If the marriage is consummated and dissolved by death:
☞ Regular marriage:
a. Whole of the specified dower
b. Proper dower if unspecified

☞ Irregular marrige: Specified or proper dower, whichever is less

➤ 2. If the marriage is not consummated and dissolved by the act of parties:
☞ Regular marriage and divorced by husband:
a. half of the specified dower
b. a present of three articles if unspecified

☞ Irregular marrige: No dower

☞ Divorced by wife: No dower

© Ahnaf Zishan Shin, Department of Law, JnU

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Muslim law
(According to Khaled Rashid books)

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Law of torts
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