Mahr (Muslim Law) Presentation by N Muthukrishnan, Ph.D

Mahr/Dower (Muslim Law)

1. MAHR (MUSLIM LAW) Under the Guidance of Asst Prof. Mrs Kushum Joshi Submitted B y N Muthukrishnan, Ph.D Enrolment No - DL1901603 INDORE INSTITUTE OF LAW

2. Contents Mahr Law of Marriage Kinds of Mahr Quantum of Mahr Enforcement of Mahr Case Law

3. MAHR Meaning & Definition . In a Muslim marriage, Mahr is the sum that become payable by husband to wife on marriage, either by agreement between the parties or by operation of law. it may be prompt (Mu’ajjal) and deferred (Mu’wajjal).The dower is regarded as a mark of respect to the bride . The terms “ dowry" and “brideprice " are sometimes incorrectly used to translate mahr , but mahr differs from dowries in many other cultures . A dowry traditionally refers to money or possessions a woman brings forth to the marriage, usually provided by her parents or family; bride price to money or property paid by the groom or his family to the parents of a woman (but not to the woman herself) upon the marriage.

4. LAW OF MARRIAGE (complied by All India Muslim Personal Law Board) Mahr is the mal (money or property of any kind ) which is an obligation of man towards the woman as a result of marriage . ( Section 127 ) Mahr is a financial right arising from marriage contract which is an obligation in all circumstances, even if at the time of marriage it was agreed upon that there will be no mahr . ( Section128 ) The amount of mahr may be fixed and paid either before ,at the time of ,or after marriage from the assets of husband. The wife is competent to relinquish the mahr provided she has attended the puberty at the time of relinquishment.

5. KINDS OF MAHR A. Specified D ower ( mahrul-musamma ) . The Mahr is usually fixed at the time of marriage but it is also fixed after the marriage. Mahr fixed by the father on behalf of his minor son is binding on the minor son on his majority . B. Unspecified D ower (mahrul misal ) . The obligation to pay dower is a legal responsibility on the part of the husband and is not dependent upon any contract between the parties . Hence , the husband’s liable to pay Mahr even if it is not specified . C. Prompt (muajjal) and deferred (muvajjal ) Mahr . The term Muajjal means ‘hasten’, ‘to proceed’ whereas the term Muvajjal means ‘delayed’ or ‘deferred.’The prompt dower is payable immediately after the marriage but the deferred Dower becomes payable either on the dissolution of the marriage or on the happening of a specified event.

6. QUANTUM OF MAHR Hanafi Law, 10 Dirhams Malaki Law, 3 Dirhams Shafi Law, No fixed amount Shariya Law, No fixed amount. A dirham (derived from the Greek) is the name of Silver coin of 2.97 grams in weight. However, it would be a sad mistake to lay too great stress upon the monetary value of the Mahr amount. It is said that in the case of an extremely poor man, the Prophet requested him to teach the Quran to his wife. It is said in one Hedaya that the payment of Mahr is enjoined by the law merely as a token of respect for the woman.

7. ENFORCEMENT OF MAHR If the Mahr is not paid, the wife can enforce it by filing a suit against her husband. if she dies, her legal heirs can us e . The period of limitation is 3 years In case of prompt mahr, the period of limitation starts, when the mahr is demanded and refused. In case of deferred mahr it starts from date of dissolution of marriage by death or divorce.

8. CASE LAW Nasra Begam v. Rizwan Ali AIR 1980 All 119 The Allahabad High Court held that the right to dower comes into existence before cohabitation and Prompt Dower may be demanded even before the cohabitation . Where the wife is minor or insane, her guardian can refuse to allow the husband to take his wife with him till the Prompt Dower has been paid. If the minor wife is already in the custody of her husband, such guardian can take her back on the ground of non-payment of Prompt Dower . But, where the consummation has taken place even once, the wife’s right to refuse consummation is lost. If the marriage has already been consummated, the husband’s suit for restitution of conjugal right will not fail on the ground of non-payment of Prompt Dower . However, the court has discretion, even in such a case, to pass a decree for restitution of conjugal rights subject to the condition of payment of Prompt Dower.

9. CASE LAW Anis Begum v. Muhammad Istafa Wali Khan AIR 1933 All 634 The facts were that in the marriage of Anis Begum and Md. Istafa, the Prompt Dower was Rs. 15,000. The husband and wife lived together for some time and a daughter was born to them . Later on, Anis Begum left the house of her husband and refused to come back till her Prompt Dower was satisfied . Md. Istafa, the husband, filed a suit for the restitution of conjugal rights. It was held by Sulaiman, C.J., that there was no absolute right in a husband to claim conjugal rights unconditionally . The courts have discretion to make the decree of restitution of conjugal rights conditional on payment of wife’s unpaid Prompt . Dower even where the marriage has already been consummated . Accordingly, the decree for restitution of conjugal right was passed in favour of the husband subject to his payment of Rs, 15,000/-.

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11. Jai Hind