Muslim Law | Bangladesh ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB 00305037

1. Defination of Dower
Classification of Dower
Subject matter of Dower
Increase/Decrease of Dower
The Object of Dower

2. Dower is the financial gain which is, a wife received
from her husband by the virtue of the marriage contract.
Otherwise Dower is a sum of money or other property
which the wife is received from her husband in
consideration of the marriage.
According to Ameer Ali, “A certain sum of money
given by the husband in consideration of the marriage is
dower”
According to Islamic Law, “where there is a marriage
there is a dower. It is a bridal gift and it is a token of
respect to the wife.”

3. In the Islamic law, there are two kinds of dower.
1. Specified Dower
2. Unspecified Dower
Specified Dower
Specified dower is fixed at the time of the marriage and
the Kazi performing the ceremony enters the amount in
the register, or there may be a regular contract, which
name is Kabin Nama. If the amount of dower is fixed
in the marriage contract, it is called the specified
dower. Otherwise if the amount of dower may be fixed
by the parties before the marriage or at the time of the
marriage, even after the marriage.

4. Specified dower are two kinds
1. Prompt Specified Dower
2. Deferred Specified Dower
Prompt Specified Dower
Promopt specified dower normally fixed at the time of
marriage, which is mentioned in Kabin Nama. After
marriage if a wife wants to get money of the dower
then the husband obey to his wife to give money of the
dower, which is mentioned in Kabin Nama. Example:
At the time of the marriage, it is mentioned that 50%
money will be paid instant and other 50% money will
be paid after the death or divorce. This is called prompt
specified dower.

5. Deferred Specified Dower
Deferred specified dower normally fixed after the death
or divorce. If by the divorce it may be realized by
compromise in the family court. If by death deferred
dower can be acquired from her husband’s estate by
compromise in the family court.
Unspecified Dower
Unspecified dower normally is not fixed at the time of
marriage. In the unspecified dower, a women is to be
fixed dower with reference to the social position of her
father’s family and her own personal qualifications. The
social position of the husband and his means are of little
account.

6. Subject Matter of Dower
Subject matter of dower is not only confined to a sum
of money or property, it includes personal services and
other things. The following were recognized as the
subject matter of dower:
(i) A handful of dates.
(ii) A pair of shoes.
(iii) If the husband is a slave, his services to his wife.
(iv) The services of the husband’s slaves to the wife.
(v) Husband’s services executed to the guardian of a
minor wife.
(vi) Teaching Quran to the wife.

7. Increase/Decrease of Dower
The husband may increase dower after marriage at any
time. Example: A wife may remit the dower partially in
favour of the husband or his heirs. Such a remission is
valid through made without any consideration and the
remission made by the wife, should be with free
consent. The remission of the dower by a wife is called
Hibe-e-Mahr. Otherwise the husband will not be able to
decrease dower after marriage.

8. The Object of Dower
Dower is the financial gain which is, a wife received from her
husband by the virtue of the marriage contract. Dower in fact, is
the name of that financial gain, that saved
(collect/gather/deposit/credit/income) in marriage to woman, in
exchange of the pleasure to be enjoyed of her, though the
marriage be either valid or irregular. The object of dower is three
fold:
 To impose an obligation on the husband as a mark of respect
of the wife.
 To place a check on the capricious/moody use of divorce on
the part of husband and
 To provide for her exixtence after dissolution of her marriage,
so that she may not become helpless after the death of the
husband or termination of marriage by divorce.