Recovery of Dower (Haq Mehr)
Dower is basic right of a woman as a consideration in lieu of contract of marriage. It is a debt and unless wife waives the same, it would be payable to her. Dower under Muhammadan Law is an obligation imposed upon the husband as a mark of respect to the wife. Accordingly to Mulla it is a sum of money or other property which the wife is entitled to receive from her husband in consideration of marriage. Dower is that financial gain which the wife is entitled to receive from her husband by virtue the marriage contract itself whether named or not in the contract of marriage. In which case proper dower becomes due. The dower therefore is a right which comes into existence with the marriage contracts itself except that in case the dower is deferred its enforcement is held in abeyance till a certain event. i.e. dissolution of marriage by death or divorce occurs.
Islamic law ordain that there should always be a consideration made by the husband in favor of wife. It is a settlement in favour of wife made prior to completion of marriage contract and is a pre-condition and pre-requisite of a valid marriage. Dower is indispensable, so much so that in its absence, relationship between husband and wife cannot be legitimized and would be recorded as sinful union.Back to Family Articles