- Women’s Rights in Islam – Modernising or Outdated – Part One – by Dr. Zakir Naik
- The Quranic Arabic Corpus - Word by Word Grammar, Syntax and Morphology of the Holy Quran
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Iqtidar Uddin Hassan, that the prompt portion of the dower may be realized by the wife at any time before or after consummation. In that case where the marriage has not been consummated, she can successfully resist the suit for restitution of conjugal rights, but where consummation has taken place, her refusal extends only to the point of payment of prompt dower the court will grant a decree condition to the payment of dower.
Prompt dower in full amount can be recovered by the wife even after the death of her husband it will be charged on his estate. As regard quantum of the prompt dower, it may be divided into specified and unspecified. The general custom regarding the unspecified prompt dower is to consider half of the total amount of dower settled at the time of marriage as the portion referable to prompt Mahr.
Even when the Kabinnama is silent as regard as nature of the dower, the court has considered the half of the whole dower as prompt. Such a relinquishment must be a voluntary act of the widow. The interest of the wife in the deferred dower is a vested one and not a contingent one. It is not liable to be displaced by the hampering of any event, not even on her death; as such her heirs can claim the money if she dies. The deferred dower is payable on the dissolution of the marriage by death or divorce. Such dowers are called Mahr-ul-misl.
Lahore: Legal Press Centre, Personal laws based on religion are the only law which is different from different communities.see url
Women’s Rights in Islam – Modernising or Outdated – Part One – by Dr. Zakir Naik
The general law in most instances could be said to be based on egalitarian principle of sexual equality but the personal or family law based on religion does not operate on the basis of post enlightenment nation of equality of man and women. Where no details about the mode of payment of dower are specified in the nikah nama, or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand.
High dower is fixed to prevent the husband from divorcing the wife capriciously. It was held in Shafiqul Huq Md v. Mina Begum,20 that Family Court has got every jurisdiction to decide as to whether the kabinnama in question is a genuine and valid document or not and whether any marriage between the petitioner and opposite party was ever solemnized or not before it decides to grant any decree for dower. It was further stated in the case of Jesmin Sultana v.
Elias that the court has no right no right to reduce the prompt dower unless the wife remits it voluntary. Dower in a Muslim marriage forms an inseparable part of the terms of the kabinnama and thuse as the kabinnamas intended to be registered under the act, so is the dower.
The Act of is in force relating to the registration of Muslim marriages including dower. Dhaka Al-Yakub Press , p. So the attempt to help women who has been divorced and paid her dower and deprive the present wife of her due share is like trying to rob peter to pay Paul. In the case of a wife who is a minor or insane, her guardian has right to refuges her sent her to husband till payment of prompt dower. During her such a stay in her guardian husband is bound to maintain her.
The Quranic Arabic Corpus - Word by Word Grammar, Syntax and Morphology of the Holy Quran
A, 23ed, Mohammedan law, Allahbad-2, central law agency, P. It was held in Abdul kadir v. If the husband is alive, the wife can recover the dower by a insisting a suit against him. After the dearth of his husband, dower debt remaining as unpaid, the widow can enforce her claim for dower debt by filing a suit against his heirs. The heirs of the decreased husband are however, not personally liable for the dower of debt. They are liable to the extent to which and in the proportion in which they inherits the property of decreased husband. If the widow is in possession of her husband property under a claim her dower, other heirs of her husband are severally entitled to recovers their respective share upon payment of quota of the dower debt proportionate to those share.
Her rights, however is not greater than that of any other unsecured creditor except that if she lawfully obtain possession of the whole or part 25 Hamidunissa Bibi v. I, abid, P. The right to retain possession of husband estate till payment of dower also arises after divorcee. In no case it arises during the continuance of the marriage. A widow rights to retain possession of her husband estate in lies of her dower, is for a special purpose.
It is by way of compulsion to obtain speedy possession or has lost possession; she cannot claim to obtain it. Because her right to retain is not in the nature of a charge on the property like mortgage but a personal rights against the heirs and creditors of her deceased husband. But she entitled in that case to compensation for forbearing to enforce her right to the dower debt. I ,Abid, P.
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Muhammad abdul kader, AIR A. P If the husband sues her for restitution of conjugal right before sexual intercourse takes place, non-payment of the dower is a complete defense to the suit, and the suit will be dismissed. If the suit is brought after sexual intercourse has taken place with her free consent the proper decree to pass is not a decree of dismissal, but a decree for restitution conditional on payment of prompt dower, this was held in Abdul Kadir v. Where, however, prompt dower has not been fixed, a demand and refusal is not a condition precedent for filing a suit for its recovery.
I abid, P. Surah an-Nisa, 4: 4 34 This means that the dower belongs to women exclusively and it is a gift to be paid directly to them. It has nothing to do with their fathers or brothers. In this short sentence the Holy Quran has referred to three basic points: Firstly it has used for marriage portion or the dower the word, saduqatehinna meaning truthfulness and sincerity and not the word mehr. Thus, the dower is a symbol of the cordiality of the man paying it. This point has been expressly mentioned by a number of the commentators of the Holy Quran, such as Zamakhshari, the author of the well-known commentary, the Kashshaf Similarly.
The dower has been called saduqah because it is a symbol of the sincerity of faith. Secondly, it is clear from the above verse of the Quran that the dower is to be paid directly to the woman, and her parents have no claim to it. It is not a compensation for the efforts made by them to bring up their daughter.
The Holy Quran abolished many pre- Islamic Arab customs connected with dower and restored it to its natural and deserving pristine form. According to the Islamic traditions not only a father has no claim to any part of the dower of his daughter, but it is also not permissible to include, in the marriage agreement, a condition that apart from dower anything additional would be paid to him. In other words, a father is not allowed to derive any financial gain out of the marriage of his daughter.
Islam also abolished the custom according to which a man worked for his prospective father- in-law when money had not yet become a medium of exchange. This custom did not come into existence simply because the fathers wanted to benefit through their daughters. There were other reasons also, which were characteristic of the age and were not necessarily unfair.
Anyhow, there is no doubt about the existence of such a custom in the ancient world. Only the woman herself has full rights to spend it as she likes. The Holy Quran did away with this custom also. The Holy Quran did away with every custom which deprived woman of her dower. One of such customs was that when a man lost interest in his wife, he harassed her with a view to making her agree to a divorce on the condition that she would return, wholly or partly, the dower which she had received.
Then he sent her to the Prophet with Shurahbil-bHasanah. Omme Solaim had accepted Islam before Abu Talhah who sought her in marriage. She said: I have surely accepted Islam; but if you accept Islam, I shall marry you. So Abu Talhah accepted Islam and it was their dower between them. Oqbah-b-Amer reported that the Messenger of Allah said, the most equitable of the conditions of marriage is that you should fulfill that Dower with which you have made private parts lawful.
Bukhari and Muslim Jaber reported that the Messenger of Allah said: whoso gives two handful of barley or dates as dower of his wife has rendered marriage lawful.
She then kept standing for a long time. A man got up and said; O, Messenger of Allah! Marry her to me The Prophet said: Have you got with you anything which we may give to her as dower? He said; I have nothing but this trouser of mine. The Prophet said: Seek, though it be a ring of iron. Then he searched but did find nothing.
Why have you started fixing the dowers of women at fantastically higher amounts, while the Messenger of Allah had never fixed the dower of any of his wives at an amount exceeding four hundred Dirhams.
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I should not hear in future that any of you has fixed dower exceeding He then descended from the pulpit. There and then came a woman of Quraish and said: O Umar! Allah says. Payment of the Mahr dower to his wife is obligatory on the husband. It is an essential part of marriage. However, the marriage is not invalid if dower is not paid or contracted or fixed before marriage. It is apparent from verse No. It may be in the form of cash or in kind.
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The Messenger of Allah himself married Hazrat Safiyyah and her emancipation was her dower.