DOWER (HAQ- MAHER) || kinds || specified dower and unspecified dower || скачать в хорошем качестве

DOWER (HAQ- MAHER) || kinds || specified dower and unspecified dower ||

Q5. Describe the importance of dower in a marriage contract Introduction The dower is the financial gain Which the wife is entitled to receive from her husband by the virtue of marriage. It is also called Maher. It may be settled before marriage, or at the time of the marriage or even after the marriage. The right of wife to dower becomes complete on the consummation of marriage. There are two kinds of dower Specified dower and unspecified dower. The purpose behind the Dower is to check on the power of husband divorce and polygamy etc. according to the Saying of Hazrat Ali (R.A), “There can be no marriage without dower” Definition As per fatawe-e-Alamgiri, it is an obligation imposed by the law on the husband as mark of respect for the wife. According to Mulla, "Dower is a sum of money or a property which wife is entitled to receive from her husband in consideration of marriage." Objects of Dower: The payment of dower (Mahr) is enjoined by the law merely as a token of respect for its object (woman). As a fundamental feature of Muslim marriage, it is so important that it is not mentioned at the time of marriage, the law will presume it. The objects of Mahr are many such as: – 1. To improve an obligation upon a husband 2. The subject of respect toward the wife 3. To offer protection to the wife and 4. As a deterrence of the husband’s absolute power of pronouncing divorce upon the wife. Dower(Mahr) in Islam: In the Holy Quran, Allah Almighty says; And give the women their Mahr in good cheer. Then, if they give up some of it out of their own sweet will, you may have it to your advantage and pleasure. (Surah Nisa 4:4). اور عورتوں کو ان کی مہر خوش دلی سے دے دو۔ پھر، اگر وہ اپنی مرضی سے اس میں سے کچھ چھوڑ دیتے ہیں، تو آپ اسے اپنے فائدے اور خوشی کے لئے حاصل کرسکتے ہیں. (سورۃ النساء 4:4) Kinds of Dower: There are two kinds of Dower specified Dower and unspecified Dower which are discussed below. 1. Specified Dower: Specific Dower is also known as Mahr-i-Massuma. It is that amount that is agreed bythe parties either at the time of marriage or before/ after the marriage. Both the parties agree to any quantum of the dower settled. The husband is bound to pay, that much dower which is a specified one. In the case of a lunatic or a minor, the guardian can fix the amount of dower. Dower fixed by the guardian is binding upon the boy and attaining puberty or majority DOWER AMOUNT FIXED FOR DIFFERENT SCHOOL OF THOUGHTS 1. Hanafi School–10 Dirhams 2. Maliki School – 3 Dirhams 3. Shafi School –No Fixed Amount 4. Shariya School – No Fixed Amount 5. For those Muslims who are poor and cannot pay even 10 Dirhams, they can teach their wife Quran instead of paying Mahr. types of specified dower. There are two types of specified dower which are prompt Dower and deferred Dower. Prompt Dower: : (Mu-Ajjal) • It is also known as Mu-Ajjal. • A prompt dower means that the dower is payable immediately upon the marriage. • Until the wife is not paid the dower amount, she has a right to refuse cohabitation with her husband. • If the wife is a minor, until the dower is not paid the father of the minor can refuse to send his daughter to the husband. • Prompt dower does not become suspended after consummation, in fact, the wife still has the right to demand dower and sue him for the same. • The husband can enforce conjugal rights only after the payment of dower. a. b. Deferred Dower: (Mu-Wajjal) • Deferred dower is known as Mu-wajjal in Islam. • Deferred dower depends on the happening of some event. It means the payment is postponed. • An agreement to pay before the marriage is valid and binding, even though it is deferred. • The husband is not exempted from the liability to pay, but he gets time to pay dower. • He can pay the dower during the continuance of the wedlock. However, the husband is liable to pay after the dissolution of the marriage. Unspecified Dower: (Mahr-i-Misl) • Unspecified Dower is also known as customary or proper dower. • In Islam, such kind of dower is called as Mahr-i-Misl. • The wife is entitled to customary dower even if the amount of dower is not fixed in the contract or even if the marriage contract states that the bride will not claim any dower. • In such cases, the amount of dower shall be fixed by taking into consideration, the amount of dower settled for other female members of the father's family. • The dower amount can also be regulated in terms of: 1. Age, fortune, beauty, 2. personal qualifications 3. Economic/ Financial of the husband. 4. Local Customs. 5. Social Position of the father