Mehr (Dower) in Muslim Law -Definition, Nature, Importance & Legal Aspects: Mehr, also known as dower, is an essential element of a Muslim marriage. It reflects the respect and responsibility of the husband towards his wife and is a legal obligation under Islamic law. This article explores the definition, nature, types, subject matter, and legal remedies related to Mehr or Mahr in Muslim law. • Definition of Mehr (Dower) Mulla defines dower as: “A sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage.” According to K.P. Saxena: “Dower is a sum of money or any property promised by the husband to be paid to the wife as a mark of respect for the surrender of her person after the marriage contract.” ∆ Nature and Importance of Dower ✓ Islamic scholars and jurists differ on the exact nature of dower: • Justice Mitter in Saburannessa v. Sabdur Sheikh observed that marriage under Muslim law is a civil contract, but not like a contract of sale. • Fitzgerald rejected the view of dower being the bride’s price. • Baillie and Abdur Rahim emphasized that dower is an obligation imposed by law as a mark of respect for the wife. • Hedaya mentions: “Dower is enjoined by law as a token of respect for its object — the woman.” ✓ Dower is not a consideration for marriage but a symbol of honor and protection. ∆ Objectives of Dower in Muslim Law 1. To honor the wife by imposing a financial obligation on the husband. 2. To check arbitrary use of divorce by the husband. 3. To support the wife after dissolution of marriage (by death or divorce). ∆ Subject Matter of Dower Anything recognized as property can be a valid subject of dower. Examples include: • A handful of dates (Abu Daud) • A pair of shoes (Tirmizi) • Husband’s services (if he is a slave or agrees to serve) • Teaching the Quran (Traditions) ∆ Minimum & Maximum Amount of Dower • Hanafis: Minimum – 10 dirhams • Malikis: Minimum – 3 dirhams • Shafiis & Shias: No minimum ✓ Some Shia sects prefer not to exceed 500 dirhams, the amount fixed for Fatima (RA), daughter of Prophet Muhammad ﷺ. ∆ Types of Dower (Mehr) 1. Specified Dower (Mehr-i-Musamma) • Agreed upon at the time of marriage or after. • Subdivided into: • Prompt (Mehr Mu’ajjal) – Payable immediately on demand • Deferred (Mehr Mu’wajjal) – Payable on dissolution of marriage Note: • If no mention is made of prompt or deferred, Shia Law treats the entire dower as prompt, while Sunni Law refers to custom or status to divide the amount. 2. Unspecified Dower (Mehr-i-Misl) • Not fixed during or after marriage. • Determined based on: • Social status of wife’s family • Her age, beauty, intellect, character • Comparison with dowers of her female relatives • Conditions for Payment of Dower 1. If marriage is consummated & ends by death: • Full specified dower or proper dower is payable. 2. If marriage not consummated & ends by divorce: • Husband must pay half of specified dower (regular marriage). • If unspecified, a present of three articles is enough. 3. If wife seeks divorce or marriage is irregular: • No dower is payable. • Legal Remedies for Non-Payment of Dower 1. Right to Refuse Cohabitation • Before consummation, wife can refuse to live or cohabit until prompt dower is paid. • Court will not enforce conjugal rights unless dower is paid. (Case: Nasra Begum v. Rizwan Ali, AIR 1980 All 118) 2. Dower as Debt • Dower is treated as a legal debt. • Wife has equal rights with other creditors after husband’s death. (Case: Ameeroon Nissa v. Moorad Unnissa, 1855) 3. Right of Retention • Widow who lawfully possesses husband’s property can retain it until dower is paid. • She cannot transfer/sell the property. (Case: Maina Bibi v. Chaudhary Vakil Ahmad, 1925) • Conclusion Mehr is not merely a financial transaction; it is a moral, social, and legal obligation in Islam. It reflects the dignity of women, secures their future, and serves as a check on irresponsible marital behavior. Islamic law provides comprehensive safeguards to ensure that women are not deprived of their lawful rights. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]