Dower or Maher ( مہر) under Muslim Law
In Islamic law, Dower or Mehar a gift or contribution made by the husband-to-be to his wife-to-be, for her exclusive property, as a mark of respect for the bride, and as recognition of her independence. It is not, however, a gift in the traditional sense, but is in fact obligatory and the wife-to-be receives it as a right.
Maher can be cash, or any type of property given before or after the marriage or split into Prompt/advance, deferred payments, or Mahar Missal.
The detail of Dower or Maher is as.
1. Maher Mua’jal (Prompt Dower):
This is the type of Dower which has to be paid to the wife before marriage
- if the husband refuses to pay such dower then wife can refuse to live with the husband is consummated or on wife’s demand and can approach court for a decree for payment of the same.
- In case the wife lives separately from her husband due to non-payment of dower she would be entitled to maintenance by the husband.
- Where if the husband fully and finally refuses to pay the dower the wife can seek divorce on its basis and her such act would not dis-entitle her from her right to dower amount.
- In case the husband dies the wife has a right to claim her dower amount would be at the top of priority of any other loan on the deceased husband’s property.
- where in the Nikkah form the mode of payment of dower amount is not mentioned then such dower amount would be considered Maher Mua’jal (Propmt Dower).
2. Maher Mova’jal (Deferred Dower):
This type of dower is the one wherein the payment of Maher is deferred to be paid at later stage in life.
- In the case when marital life comes to an end due to divorce or death of the husband the payment of dower amount has to be paid.
3. Maher Missal (Customary Dower):
If dower amount is not fixed at the time of Nikkah and it is agreed between the parties to Nikkah that amount of dower will be fixed at some later time then according to Hanfi school of thought such a Nikkah is valid and both parties of Nikkah, during subsistence of marital life, themselves or through their agents can fix the amount of dower. In case some dispute erupts then court can also fix the dower amount. Where the court has to fix the dower amount, it keeps in view the following;
How can legal Soul help You?
- Proper and timely Legal advice.
- Preparation of All kinds of Legal Documents.
- Filling of Legal Suit for recovery of dower amount.
- Filing of written reply as defense counsel.
- For All other legal assistance you desire we will provide you
Why Choose legal Soul?
Our team of family lawyers provides benefits to our clients:
- Results-Driven Counsel – We fight for the results your family deserves.
- Honesty & Integrity – We offer straightforward, clear counsel at all times.
- Low Risk & Low Stress – Our cases resolve as quickly as possibly, saving you time and stress.
- Tailored Approach – Our solutions and approach adapt to each client’s unique problems.
