ppt on dower in Muslim law

1. PRESENTATION OF
Dower
PRESENTED BY Himanshu Saini
B.B.A LL.B
4th Sem

2.  Dower money is a debt payable to a wife
and she is within her legal right to even
press for its payment.
 If the dower is not paid to the wife she
can refuse herself to the husband and
even can sue her husband for the
recovery of dower in a court.
 Dower is the only right of woman that no
one can snatch or finish it.
 It is totally on woman's will that how she
utilizes her dower.
 The husband has no right to even ask
about it from his wife.

3. Dower Known as Mahr, is a sum of
money or other property which the
wife is entitled to receive from
the husband in consideration
of the marriage”

4. Abdul Kadir Vs Salima 1886
Hon’ble justice Mahmood has said that
dower under muslim law is a sum of
money or property promised by the
husband or delivered to the wife in
consideration of marriage, and if no
dower is expressly fixed or mentioned at
the marriage ceremony, the law confers
the right of dower upon the wife

5. Specified Dower
 Prompt dower-
payable immediately on
demand
 Deferred
dower-payable on
dissolution of marriage
either by divorce or death of
husband.
Proper Dower [Mahr-i-Misal]
Also known as customary
dower-is to be determined by taking into
consideration the amount of dower settled
upon other female members of the father’s
family such as her father’s sister.

6. Rights & Remedies of wife on non
payment of dower
1. Refusal to cohabit-If the marriage has not been consumated, 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 to retain his property until dower is
paid.

7. Difference between Shia & Sunni laws
 Sunni Law
1. Minimum limit of 10 dirhams.
2. No limit to proper dower.
3. If the marriage is dissolved by death
and dower has not been specified,
or it is agreed that no dower shall be
payable, proper dower would be due
whether the marriage was
consummated or not.
 Shia Law
1. No minimum limit is prescribed.
2. Proper dower cannot exceed 500
dirhams.
3. In such case no dower would be due
if the marriage was not
consummated.

8. Thanks