Durjo y's research on Dower rights of bd women

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Research Monograph
On
Dower Right of Muslim Women in Bangladesh: An Overview in
Quest of the Reality
Submitted To
Fariduddin Noman
Assistant Professor, Department Of Law
Premier University, Chittagong
Submitted by:
Student Name : Durjoy Barua
Student No : 201672516
Batch : 17th
(LL.M)
Session : 2015-2016
Submission Date : 25-09-2016

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Table of contents
Page no
Acknowledgment 5
Letter of Transmittal 6
Student Declaration 6
Abstract 7
Acronyms 8
Keywords 8
Chapter 1: Introductory chapter 9
1.2 Dower 9-10
1.3 Definition of Dower 10
1.4 Aims and Objectives of the study 11
1.5 Methodology of the study
1.6 Research Questions

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Chapter 2: Islamic background and custom of Dower
2.2 pre-Islamic backgrounds
2.3 custom of Dower
Chapter 3: Ramification of Dower
3.2. Specified dower
3.2.1 Prompt Dower
3.2.2 Deferred Dower
3.3 Unspecified Dower
Chapter 4: legal provision regarding to the Dower
4.2 Muslim Family Laws Ordinance, 1961
4.3 The Family Courts Ordinance, 1985
4.4 Muslim Marriages and Divorces (Registration) Act, 1974
Chapter 5: Dower rights as the Muslim women in Bangladesh
5.1 Rights as wife on non- payment of dower
5.2.1 Refusal to cohabit
5.2.2 Right to dower as a debt
5.2.3 Right to retain possession in lieu of unpaid dower
5.2.4 Widow in possession liable to account

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5.2.5 Non-payment of Prompt Dower and Restitution of Conjugal Right
5.2.6 Suit for Dower and Limitation
5.3 Dower rights under Islamic Saria law
5.3.1The Quran
5.3.2 Sunnah
Chapter 6: Reality of dower in Bangladesh
6.2 The real scenario
6.3 Problems Faced by Women in Recovering Dower in Practice
Chapter7: Concluding remarks and recommendation
7.2 Survey questions
7.1 Recommendations
7.3 Conclusions

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Acknowledgment
I would like to express my profound respect and heartiest thanks to all my teachers for their
endless support to build up my academic carrier. My profound gratefulness goes to Mr. Farid
Uddin Noman, Assistant Professor, Department of Law, Premier University Chittagong, my
supervisor of this paper whose supervision helped me in completing this paper.
My profound gratefulness and special thanks goes to Mr. Durjoy Barua, my senior elder brother
at premier university, whose inspiration always stimulated me to do this work.
Furthermore, I wish to acknowledge the personal support of many friends during recent years
through their loyal friendship. Most of all, I would like to thank my parents. Their strong and
continuous encouragement, their exceptional and tireless support and their caring love laid the
groundwork for my endeavors.
Your faithful
Mr. Durjoy Barua

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Letter of Transmittal
Dear Sir,
It is an extensive pleasure for me to submit the research monograph on the topic of “Dower
Right of Muslim Women in Bangladesh: an Overview in Quest of the Reality”. While
preparing this research paper, I have tried my level best to maintain the required standard. I hope
that this paper will fulfill your expectation.
I, therefore, pray and hope that you would be kind enough to go through this research paper for
evaluation. I am always available for any further clarification for any part of this research paper
at your convenience.
Mr. Durjoy Barua
Student Declaration
I am Durjoy Barua student of Premier University Chittagong, Chittagong, Bangladesh do hereby
solemnly declare that this research paper is prepared for fulfillment of the course “Research
Monograph”
Durjoy Barua

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Abstracts
Dower is a woman's right to marital property. In practice, often a woman in Bangladesh does not receive her legal
right of dower from husband due to various reasons, such as: dower is controlled by husband and social custom,
unregistered marriage, non specification of the mode of payment of dower in the Kabinnama, lack of awareness of
laws on dower, fixation of a smaller amount of dower by the groom's party, the traditional concept of usool (paid)
by jewellery or other items at the time of marriage, the customary practice to waive dower in the wedding night,
hidden intention to deprive the bride from property rights, lack of husband's sense of responsibility towards the
payment of dower, dower is being curtailed by turning a talaq case into khula where the woman has to sacrifice her
right of dower in exchange for a divorce etc. In this way, the cases of dower are influenced by social practice and
the question of payment arises only at the time of divorce. Consequently, a woman loses her property rights which
she is entitled to both under the Shariah and statutory laws.

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Acronyms
DR Dower rights
PD prompts Dower
CrPC Criminal Procedure Code (Bangladesh)
DMMA Dissolution of Muslim Marriages Act, 1939 (Bangladesh)
MMDRA Muslim Marriages and Divorces Registration Act, 1974 (Bangladesh)
MWRAF Muslim Women‟s Research & Action Forum
SMA Special Marriages Act (1872 Bangladesh)
WLUML Women Living Under Muslim Laws
WRAG Women‟s Research & Action Group
WWHR Women for Women‟s Human Rights
Keywords
Dower, rights, ramification, background, custom, Quran, reality, problem, questions,
scenario,

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Chapter 1
Introduction
“Dower” under the Muhammadan law, is a sum of money or other property promised by the
husband to be paid to the wife in consideration of the marriage, and even where no dower is
expressly fixed or mentioned at the marriage ceremony, the law confer the right of dower upon
the wife as a necessary effect of marriage. To use the language of the Hedaya, the payment of
dower is enjoyed by law merely as a token of Respect for its object wherefore the mention of it is
not absolute essential to the validity of marriage and for the same reason a marriage is also valid,
although a man were to engage in the contact on the special condition that there should be no
dower.1
There are other areas of Muslim personal law where the higher courts have given legal protection
to women against coercion, undue influence or exploitation at the hands of their male activities.
Under the pre-Islamic law of inheritance, all female relations, mothers, widows, daughter, were
excluded from succession to the estate of the deceased. The Islamic law made the females co-
inheres with the male.2
1.2 Dower
Non-payment of prompt dower on demand enables a wife to live separately from her husband
and yet claim maintenance. Subsequently, the wife petitioner for divorcee under section 2 (2) of
1
Rashid‟s syed Khalid, (2004), Muslim law, Lucknow, Eastern book company, P. 84.
2
Serajuddin Alamgir Muhammad, (2011), Muslim family law, secular courts and Muslim women of south Asia,
Karachi, Oxford university press, P. 112.

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the dissolution of Muslim marriage act, 19393
on the ground that the husband had failed to
maintain her for a period of two years. The question that the court was required to decide was
whether a wife is entitled, even after consummation of the marriage to refuse to live with her
husband on the ground that her prompt dower has not been paid. While dealing with the same
question in Smt. Rabia Khatoon ,4
an Allahabad decision, we have noticed that Imam Abu Hanif
was of the opinion of that the wife is entitled at any time to refuse to live with her husband until
her prompt dower is paid. On the other hand, his two disciples held that the wife‟s right to refuse
to live with her husband is lost on the consummation of marriage.
1.3 Definition of dower
Dower is a sum of money or offer property which the wife is entitled to receive from the husband
in consideration of the marriage.5
According to Abdur Rahim, it is either a sum of money or other form of property to which the
wife becomes entitled by marriage. It‟s an obligation imposed by law on the husband as a mark
of respect for the wife.6
According to Dr. Jung defines, “Dower” as the property or its equivalent, incumbent on the
husband either by reason of being agreed in the contract of marriage or by virtue of a separated
contract, as special consideration of Buza, the right of enjoyment itself.7
3
Section 2(2), The dissolution of the Muslim marriage act, 1939.
4
Smt. Rabia Khatoon v Muktar Ahmed, AIR 1966 All. 548.
5
Muslim family laws ordinance, 1961
6
7
Aqil Ahmed, Mohammedan Law, 21st
ed. (Allahabad: Central law Agency, 2004).

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1.4. Aims and Objectives of the study
The main objective of this study is to analyze the significant role of Dower of Muslim women in
Bangladesh. In this regard my aims and objectives of the study may go through as follows:
a) To give a brief idea about Dower.
b) To give an idea about the reasons behind the Dower right.
c) To find out actual nature of dower in our society.
d) To analyze the quest of the dower in Bangladeshi women
1.5 Methodology of the study
This study is combine result of qualitative research and empirical analysis. This study is based on
both primary and secondary data. Primary data of the study are from related statutes and reported
case decisions. Related journal articles, newspapers, periodicals, text-books and training
workshop and considered as secondary data for this study. The collected data have been
processed and prepared in the present form in order to make the study more informative,
analytical and useful for the users.
I also take help from various website in internet as a secondary source. And finally I have tried to
reach the ultimate object of this study.

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1.6 Research Questions
The research is conducted to find out answers of the following research questions:
 Whether Dower has significant positive consequences of Muslim women after her
divorce?
 How concern as a husband dower is the right of his wife?
 Is there any negative outcome of Dower?

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Chapter 2
Islamic background and custom of Dower
Dower in the present form was introduced by the prophet Mohammad and made obligatory by
him in the case of every marriage. “Dower” in Muslim law is somewhat similar to the demotion
proper nuptials in Roman law. The important difference however, is that while under the Roman
law it was voluntary, and under the Muslim law it is absolutely obligatory.
2.2 Pre- Islamic background
In the regular form of marriage, as distinguished from the marriage by capture, the fixing of
dower was in vogue. Sometimes the guardian of bride used to take the dower himself, but it is
not certain whether it was a mere violation of the usage that the bride should take the dower, or
whether is shows that dower was the originally price paid for the bride to her parents. The term
mahr was originally used to signify gift given to her parents of the wife while sadka was a gift to
the wife herself. The sadka or dower which was paid in case of regular form of marriage was
approved by Islam. The Koran says, “And gives women their dowers freely.”8
2.3 Custom of dower
Dower is an essential incident and fundamental feature of marriage with the result that even if
no dower is fixed the wife is entitled to some dower from the husband. The marriage is valid
even though no mention of dower made by the contracting party. In Hassina Bibi v. Zubaida
Bibi, the Judicial committee held that- “Dower is an essential incident under the Muslim law
8

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the status of marriage, to such an extend this is so that when it is unspecified at the time the
marriage is contracted, the law declares that it must be adjudged on definite principles.9
In abdul Kadir v. Salima Mahmood. Comparing the marriage and dower with contract for sale
and consideration, says “Dower may be regarded as consideration for connubial intercourse by
way of analogy to the contract for sale. The right to resist her husband so long as the Dower
remains unpaid is analogous to the lien of a vendor upon the sold goods while they remain in
his possession and so long as the price or any part of it is unpaid and her surrender to husband
resembles the delivery of the goods to the vendee.10
It is regarded by some eminent authorities as a consideration for conjugal intercourse. In the
case of Smt. Nasra Begum v. Rigwan Ali, Allahabad High court expressed the view that the
right to claim prompts dower proceeds cohabitation.11
9
Hassina Bibi v. Zubaida Bibi, (1916) 43 I.A. 294
10
Abdul Kadir v.Salima, I.L.R (1886) 8All 149
11
Smt. Nasra Begum v. Rigwan Ali, AIR 1980 All:119

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Chapter 3
Ramification of Dower
Broadly, there are two kinds of dower; (1) specified and (2) unspecified. But the specified dower
has been further divided into, (a) prompt and (b) deferred dower.
3.2. Specified dower
An amount settled by the parties at the time of marriage or after is called specified dower. If the
bridegroom is minor his father my settled the amount of dower. Hanafi law says that the father is
not personally liable for the dower but according to Shia law he will be so liable.12
The husband bound to pay the specified dower, however excessive or beyond the reach it may
be. In Oudh, however, the excessive amount may be curtails to a reasonable amount.
The specified dower has been further divided into
(a) Prompt and
(b) Deferred.
3.2.1 Prompt Dower
It is payable immediately after marriage on demand. According to Ameer Ali, a wife can refuse
to enter into conjugal domicile of husband until the payment of the prompt dower. The
following point must be noted regarding prompt dower. Prompt dower is payable immediately
12
Syed sabir Husain v. farzand hasan, (1937) 65 1A 119, where a Shia father property was attached to pay the
dower of his minor son

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on the marriage taking place and it must be paid on demand unless delay is stipulated for or
agreed. It can be realized any time before or after the marriage. The wife may refuse herself to
cohabit with her husband, until the prompt dower is paid. If the wife is minor, her guardian
may refuse to allow her to be sent to the husband‟s house till the payment of prompt dower. In
such circumstances, the husband is bound to maintain the wife, although she is residing apart
from him. It was held in Bibi Rehana Khatun v. Iqtidar Uddin Hassan, that the prompt portion
of the dower may be realized by the wife at any time before or after consummation.13
Under the customary law if the prompt dower is not paid on demand, the wife has a right to
refuge conjugal rights. 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.14
13
Bibi rehana khatun v. Iqtider uddin Hassan, 1943 All LJ 98
14
Nasiruddin Shah v. Amatul Mughni Begum, ILR 1947 Lah 565

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3.2.2 Deferred Dower
The wife is not entitled to demand payment of deferred dower, but the husband can treat it as
prompt and pay or transfer the property in lieu of it such a transfer will not be void as a
fraudulent preference unless actual insolvency is involved. The widow may relinquish her
dower at the time of her husband‟s funereal by the recital of a formula. 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.15
3.3 Unspecified Dower
In such cases where dower has not been settled at the time of the marriage or after it is fixed
with reference to the social position of the wife family and her own personal qualification. Help
would be taking into account of amount of dower fixed in case of wife sister, parent‟s aunt, etc,
and according to the Hedaya, the wife age, beauty, intellect and virtue will be also considered.
Such dowers are called Mahr-ul-misl.16
15
16
Shaukt Mahmood, Principles and Digest of Muslim Law, 6th
ed. (Lahore: Legal Press Centre, 2002).

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Chapter 4
Legal provision regarding to the Dower
Our legal system consists of the general law and the personal or family law of various religious
communities. The diversity of this system was created by the interference from the British
colonial‟s rulers and by codification of general law. Personal laws based on religion are the
only law which is different from different communities. 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.17
4.2 Muslim Family Laws Ordinance, 1961
Section 5 of the Muslim Family Laws Ordinance makes it absolutely necessary that the
marriage solemnized under the Muslim Law shall be registered. 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.18
4.3 The Family Courts Ordinance, 1985
The establishment of family court ordinance, 1985 was a significance step in legal reform with
reference to the legal status of women.19
Subject to the provisions of the Muslim Family Laws
17
Monsoor taslima, Patriarchy to Gender Equity, Family law and its impact on Women in Bangladesh, University of
London, 199 4, Dhaka university Press
18
Section 5, The Muslim family laws ordinance 1961
19
Published in Bangladesh gazette on 30.3.1985

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Ordinance, 1961, a family court shall have exclusive jurisdiction to entertain, try and dispose of
any suit relating to dower. 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. Md. Elias that the court has no right no right
to reduce the prompt dower unless the wife remits it voluntary.
4.4 Muslim Marriages and Divorces (Registration) Act, 1974
Muslim marriage and divorces (registration) Act 1974 clearly describe as dower rights toward
the Muslim women. 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 1974 act, so is the
dower. The Act of 1974 is in force relating to the registration of Muslim marriages including
dower.21
20
54 DLR 481, ibid, p.20
21
Obaidul Huq Chowdhury, Muslim Law, 6th
ed. (Dhaka) Al-Yakub Press)1943, p.128

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Chapter 5
Dower rights as the Muslim women in Bangladesh
In the first place the present wife, whose expenses have been declared as wholly a liability of
the husband by Shariat, is as much women as the one divorcee. 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. 22
5.2 Rights as wife on non- payment of dower
Muslim law confers upon a wife or (widow) the following three rights to compel payment of
her dower.23
(a) Refusal to cohabit
(b) Rights to dower as a debt
(c) And, right to retain her decreased husband property.
5.2.1 Refusal to cohabit
If the marriage has not been consummated, the wife has right to refuse to cohabit with her
husband to long as the prompt dower is not paid. 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.24
22
Serajuddin alamgir Muhammad, Muslim family law, secular courts of Muslim women in south Asia,(2011) oxford
university press, P. 112
23
Khan Prof. I.A,(2009) 23ed, Mohammedan law, Allahbad-2, central law agency, P. 156
24
Khan, Prof. A.I. abid, P. 157

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The absolute right of the wife to insist on payment of the prompt dower before giving him to
access to her, is lost after the consummation of the marriage.25
After consummation the
husband in his suits for restitution of conjugal rights upon her refusal can secure only a decree
condition on payment of dower. It was held in Abdul kadir v. salima, that the effect of non-
payment of prompt dower is that the wife can refuse to cohabit or refuse to live with the
husband.26
5.2.2 Right to dower as a debt
The dower ranks as a debt and widow is entitled along with other condition to have it satisfied
on the death of the husband out of his estate. 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. 27
5.2.3 Right to retain possession in lieu of unpaid dower
Dower ranks as a debt, and the wife I entitled along with other creditors, to have it satisfied
on the death of the husband out of his estate. 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. Zaheer sheik, 17 CAL 670
26
AIR (1886) 8 ALL.149
27
Khan Prof A.I, abid, P. 158

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of this estate, to satisfy her claim with the rent and issues accruing therefore she is entitled to
retain such possession until it is satisfied.28
If the widow has lawful and without force or fraud obtains in lies of her dower actual
possession of the property of the decreased husband she is entitled to retain that possession
against other heirs and as against other creditor of her husband until her dower is paid.29
This
right of retention does not give her any title to the property; therefore she cannot alienate the
property. 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.30
5.2.4 Widow in possession liable to account
It was held in Shaik salima case, that „widow in possession in her husband in lies of dower
debt is liable to account to other sharers in income from such property in her possession. A
widow in possession of her husband‟s estate, in lieu of dower is bound to account to the
other heirs of her husband for the rents and profits received by her out of the estate. But she
entitled in that case to compensation for forbearing to enforce her right to the dower debt.31
28
Hamira bibi v. Zubaida bibi, ILR (1916) 38 ALL 581
29
Babee Bachum v. Hamid Hossain, (1871) 14 MIA 377 and Bibi V Chaudhury Vakil Ahmad (1924) 521A 145
30
Khan Prof A.I ,Abid, P. 159
31
Sheik salma v. Muhammad abdul kader, AIR 1961 A.P 428

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5.2.5 Non-payment of Prompt Dower and Restitution of Conjugal Right
The wife may refuse to live with her husband and admit him to sexual intercourse so long as
the prompt dower is not paid. 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. Salima.
5.2.6 Suit for Dower and Limitation
If the dower is not paid to the wife, and after her death, her heirs, may sue for it. The period of
limitation for a suit to recover ”prompt” dower is three years from the date when the dower is
demanded and refused, or, where during the continuance of the marriage no such demand has
been made, when the marriage is dissolved by death or divorce.32
The period of limitation for
a suit to recover “deferred” dower is three years from the date when the marriage is dissolved
by death or divorce. Where, however, prompt dower has not been fixed, a demand and refusal
is not a condition precedent for filing a suit for its recovery.33
5.3 Dower rights under Islamic Saria law
Dower rights under islamic saria law as follows
5.3.1The Quran
The form of the dower described above in connection with the fifth stage is not an invention
of the Quran. All that the Qur‟an did was to restore it to its natural and pristine form. The
Quran in its incomparably elegant style says: “Give to the women a free gift of their marriage
32
Family Suit No. 193 of 1989 (Unreported), as cited by Taslima Monsoor, ibid, p.204
33
Khan Prof A.I abid, P. 163

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portions”. (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.
34
Surah an-Nisa, 4: 4

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Anyhow, Islam has done away with this custom, and now the father of the woman has no
claim to the dower, even if he wants it for spending it on his daughter. Only the woman
herself has full rights to spend it as she likes.
The Holy Quran did away with this custom also. It says:
“You who believe!, It is not lawful for you to inherit women forcibly” (Surahan-Nisa, 4: 19)35
In another verse, the holy Quran has totally banned a marriage with one‟s father‟s wife
(stepmother) even if she be willing. It says: “Marry not those women whom your father
married” (Surahan-Nisa,4 : 22).
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. The Holy Quran says: “Nor should you put constraint on them
(women) so that you take away part of what you have given.36
5.3.2 Sunnah
A hadith of the Prophet Muhammad May peace be upon him on the rights of woman
regarding dower are as under: -
Omme-Habibah reported that she was the wife of Abdullah-b-Jahash who died in the land of
Abyssinia, and then the Negus gave her in marriage to the Prophet and took from him a dower
of 4000 (in another narration 4000 dirham‟s). Then he sent her to the Prophet with
Shurahbil-bHasanah. (Abu Daud; Nisai)
35
Surahan-Nisa, 4: 19
36
https://en.wikipedia.org/wiki/Women_in_Islam, (accessed on 23-9-1016)

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Anas retorted that the Messenger of Allah emancipated Safiyyah and married her and made
her emancipation a dower. (Bukhari arid Muslim),Anas reported that Abu Talhah married
Omme Solaim and the dower between them was Islam. 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. (Abu Daud)
Sahl-b-Sa‟ad reported that a woman came to the Messenger of Allah and said: O, Messenger
of Allah, I offer myself to you. 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. The
Prophet asked: Have you got any portion of the Qur‟an with you? „Yes‟, said he „such and
such a verse.‟ He said: I give her in marriage to you for what is with you from the Qur‟an (So
teach her something from the Qur‟an). (Bukhari, Muslim)
Hazrat Umar once addressed the people in the Mosque of the Prophet: O People! 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. Beware! I should not hear in future that any of you has fixed dower exceeding 400

27
dirhams. He then descended from the pulpit. There and then came a woman of Quraish and
said: O Umar! Have not you heard the word of God (in Al-Qur‟an 4:20)37
. Allah says. Even if
you have given a big treasure to a woman, don‟t take back anything out of that. Hazrat Umar
at once returned, withdrew his order and announced: Any one of you can fix as much dower
as he pleases: I can‟t stop him.38
The Sunnah has laid down the following rules and regulations regarding Hag Mohr or dower
the payment of which by the husband to the wife is obligatory.
Payment of the Mahr (dower) to his wife is obligatory on the husband. It is an essential part of
marriage. The Qur‟an says: “O Prophet! We have made lawful to thee thy wives to whom
thou have paid their dowers”- (33:50). At another place the Qur‟an says: And there is no
blame on you to marry them when you give them their dowries”- (60:10). However, the
marriage is not invalid if dower is not paid or contracted or fixed before marriage. It is
apparent from verse No. 236 of chapter 2 of Al-Qur‟an, which reads: “There is no blame on
you if ye divorce women before consummation or the fixation of their dower; but bestows on
them a suitable gift.” Even in such case something is to be paid.
The amount of dower which the bridegroom has to give to his bride has not been fixed by the
Qur‟an or Sunnah. It depends entirely on the agreement of the contracting parties The
Qur‟an says:” The wealthy according to his means and the poor according to his means; a gift
of a reasonable amount, is due from those who wish to do the right things”- (2:236)
There is no minimum or lower limit of dower fixed by law, though some jurists opine that it
should not be less than ten dirhams. It may be in the form of cash or in kind. The Prophet
37
Al-Qur‟an 4:20
38
http://www.muslimtents.com/shaufi/b2/b2_06.htm, (accessed on, 20-9-2016)

28
(PBUH) did not fix any minimum: According to the well reported Traditions of the Prophet of
Islam, even a handful of barley or dates or even an iron ring may be sufficient provided the
bride agrees to accept it. The Messenger of Allah himself married Hazrat Safiyyah and her
emancipation was her dower. Omme Solaim agreed to marry Abu Talha on the condition that
he should accept Islam. Abu Talha fulfilled the condition and his acceptance of Islam was
declared to be mahr or dower of Omme Solaim. In another case, the teaching of one or two
verses of the HolyQuran by the husband to the wife was declared to be an adequate Mahr for
the bride.
No maximum or upper limit of mahr or dower has been fixed by Islam either. The
Quran says: “But if ye decide to take one wife in place of another, even if ye had given the
latter a whole treasure for dower, take not the least bit of it back”- (4:20). From this verse the
jurists of Islam have deduced that the right of a woman to demand any amount of dower as a
condition of her agreeing to marriage is not restricted by the Islamic Law. Hazrat Umar, the
second pious caliph of Islam, once thought of fixing the upper limit of dower on the
complaint of the men that the women were demanding fantastic amounts; but he was
dissuaded by a woman who drew his attention to verse of the Holy Quran quoted above.
If a person divorces his wife before touching her and before appointing any amount of dower
for her, he has been directed to make provision for her according to his means (Al-Quran
2:236). But if he divorces her before touching her and after fixing the amount of dower for
her, he is bound to give half of the amount of dower which has been fixed. However, if the
woman agrees to forgo her rights of accepting this half dower or the man shows generosity in
giving her full dower, such an accord is permitted. (Al-Quran 2:237)39
39
Al-Quran 2:237

29
The men should give to their wives their dower willingly. But if the women of their own
accord agree to remit the whole or part of their dower, the husbands are welcome not to pay it
(Al-Quran 4:4). Hazrat Umar and Qazi Shuraih have decreed that if a wife remits the dower
but later on demands it, the husband shall be compelled to pay it because the very fact that she
demands it‟ is a clear proof that she did not remit it of her own free will. According to verse
no. 24 of Surah Al-Nisa, dower has to be paid as a duty.40
40
http://www.islamawareness.net/Women/naik_women.html, (accessed on, 23-9-2016)

30
Chapter 6
Reality of dower in Bangladesh
Despite of woman's participation in the socio-economic and political development, woman has
less access to enjoy their money, especially in their property rights. Instead, woman and her
family continue to be deprive and victim of violence. The most important event in a woman's life
is marriage in our country which is surrounded by various financial transactions including dower.
6.2 The real scenario
It was found in a study of the metropolitan city of Dhaka that 88% of Muslim wives did not
receive any dower at all. If this is the situation in the capital city, one can anticipate an alarming
situation in the rural remote areas. Why are women not receiving their legal right of dower? To
inquire into this one has to probe into the causes for not giving dower. Here the same causes for
which the women in Bangladesh are being subordinated come in, as women are dominated in the
patriarchal family and in the wider socio-religious arena. What needs to be ascertained here, in
particular, seems to be whether the women‟s right to dower is being enlarged or reduced by local
customary conventions.41
6.3 Problems Faced by Women in Recovering Dower in Practice
Though we have legal instruments concerning dower and recovery of the dower still it is
noticeable that women are being deprived of their right of dower
41
Taslima Monsoor, ibid, p.209

31
First, in our country though Registration of Marriage has been made mandatory by the Muslim
Marriages and Divorces (Registration) Act, 1974 but still in many villages this is not strictly
followed. The reasons behind this are sometimes lack of awareness and sometimes a hidden
intention to deprive the bride from legal or religious right. Consequently, there exist no
Kabinnama of the marriage and it is natural that it will not be possible to trace the amount of
dower of the marriage unless it is testified by the witnesses. Absence of Kabinnama is a major
cause for the deprivation of the women‟s right of dower in Bangladesh.
Secondly, the cases reveal that whether any portion of dower is actually paid or not, if it is
mentioned in the registered kabinnama, the courts tend to reduce the amount of dower by the
alleged usool. Thus, in Mst. RaziaAkhter v. Abul Kalam Azad, the Family Court gave
preference to documentary evidence. In the registered kabinnama it was mentioned that a part
of the dower had been paid as usool at the time of marriage.42
The plaintiff comes from a middle class family, her father is a lecturer in a college and the
defendant is a teacher in a school. Considering the social economic structure of our society it is
very unlikely that a wedding in this background would take place without any jewellery or
ornament from the bridegroom. In these circumstances I consider that there is some truth
behind the claim of the defendant in this respect. Therefore, I would allow only half the dower
money to the plaintiff.43
Thirdly, sometimes the courts are not only regarding jewellery but also household ware and
apparels as substitutes of dower. But, how do such items give security to women as to be a part
42
43
Mst. Mahsina Tabassum Shirin v. Abdul Karim, Family Suit No. 9 of 1992 (Unreported), ibid, p.201

32
of dower? In Nasima Bilkis v. Md. Abdus Sarnad Khan,44
the Family Court regarded ware and
apparels as the usool and further reduced the amount of dower after deducting the jewellery.
Moreover, the defendant contended that the plaintiff waived the dower in the wedding night.
The court, however, held that the defendant‟s contention did not bear any truth.
Fourthly, in Ms. Shahkla Begum v. Md. Mahhuh Hossain,45
the plaintiff asked for the full
amount of dower, i.e. prompt and deferred dower. The facts of the case were that the parties
were married by a registered kabinnama on 3.2.90 and the dower was fixed at 75,001 taka, out
of which 5,000 taka were mentioned as having been paid under usool. The Family Court
granted the plaintiff‟s prayer for full prompt and deferred dower after deducting the amount
paid as usool, on the reasoning that the defendant had effectively given talaq to the plaintiff.
Fifthly, the wife may remit the dower wholly or partially in favour of her husband or his heirs.
A Muslim girl who has attained puberty is competent to relinquish her Mahr although she may
not have attained majority (18 years) within the Bangladesh Majority Act. The remission of
the Mahr by a wife called Hibe-e-Mahr. But the remission made by the wife, should be with
free consent. It was held in the case of Nurunnessa v. Khaje Mahomed46
that where the wife
was subject to the mental distress, on account of her husband‟s death the remission of dower,
was considered as against her consent and not binding on her.
44
45
46
(1920) 47 Cal 537, as cited by Obaidul Huq Chowdhury, ibid, p.17

33
There are cases where the courts are enterprising and go into detail whether the husband
actually paid the dower. Ambia Khatoon v. Md Yasin Bepar47
is a suit for the realization of
dower and maintenance. The facts of the case in a nutshell are that the parties were married on
7.7.87 and the dower was fixed at 50,000 taka, of which half was prompt and the other half
deferred.
Sometimes the courts allow the full amount of deferred dower, even when the marriage
subsists. Similarly, in Mst. Angari Begum v. Md. Iqbal Rashid,48
the Family Court granted the
wife the full amount of deferred dower from the husband when the marriage subsisted Umn this
case, while marrying for the second time, he did not marry in accordance with Section 6 (5) of
the MFLO of 1961. The Court seemed to take its reasoning from Section 6 (5) (a) of the
Muslim Family Laws Ordinance of 1961.49
47
48
49
Section 6(5) of the Muslim family law ordinance 1962

34
Chapter 7
Concluding remarks and recommendation
7.2 Survey questions
For enhancing my knowledge about my research work I have visited at the Chittagong court
building on several times. I have met some senior lawyers at the court building. I questioned
them about, the dower right of Muslim women, and what are consequences of it and actual
reality of dower right in our country. On the following write dawn here the brief answers and
questions basis of my field work.
Question 01: what is dower?
Answer: Dower dedicated by law but traditionally by a husband or his family, to a wife for her
support in the event that she should survive her husband. It was settled on the bride by agreement
at the time of the wedding, or provided by law.
Question 02: what is dowering right?
Answer: dower rights are such rights as money or property which is entitled by the law, a wife
get from her husband as the security after the devolution of marriage.
Question 03: how does it effect on the society?
Answer: dower does very positive effect in our society, like as a woman gets her security when
he lost her husband by death or divorce. Moreover it may the way of give the women dignity and
respect.

35
Question 04: A woman can take legal action against the husband for unpaid dower?
Answer: yes, the Quran law and customary law gave the right to take action against unpaid
dower. Any women can sue for her unpaid dower.
Question 05: Have any negative side of dower?
Answer: there has no negative side as dower but sometimes, man has hazard by women in such
ground.
Question 06: What is the actual reality of dower in our society?
Answer: the actual reality of payment of dower is not so strong. Have some lacking and less of
strong effectiveness.
7.2 Recommendations
What need to be do I have proposed following
 Needs social awareness about the dower as right to the women.
 Sometimes, women do not know how to get their right as dower from their husband that
reason makes the free consulting with the women in rural as to knowing them.
 The huge gap between metropolitan and rural area of education should be remove.
 In rural area women are not well educated. So, they are not concern about their rights.
Social awareness regarding women‟s right of dower should be ensured by inserting basis
concepts of dower in the syllabus of primary or secondary education.
 Duties should be given to the Imams of mosques or to the Chairman of Union Parishad
to aware the local people about women‟s right of dower.

36
 Sometimes the women are bound to relinquish or do not claim their rights because of
their social prestige, lack of power and lack of social support in a male dominated
society. So, government should take positive action these situations.
 The existing law is not enough to make marriage registration mandatory rather
monitoring cell should be constructed for ensuring registration of marriage.
 The enquiry should be effective as to what portion of dower money has been really paid
by the groom‟s part and what has been stated in the kabinnama, both at the time of
marriage and at the time of dissolution of marriage.
 Under Islamic law there is a concept of Assummat, where a large amount of dower may
be announced in public, whereas privately the parties agree to a smaller amount. This
should not be encouraged.
 Women should be more aware about her right of dower and it is the responsibility of the
government, NGOs and civil society to disseminate the knowledge of dower.
 Legal aid services should be more accessible for the women so that they can bring their
action within the proper time.
 If we want to overcome these problems and want to establish women‟s right in the
society with dignity then women and men all have to be more conscious and aware
about the women‟s right of dower under shariah and statutory laws of Bangladesh and
we all have to extend our hands for the women to ensure their right of whole amount of
dower money.

37
7.3 Conclusions
In most marriages, dower money is rarely paid even if the wife demands payment. Though
Dower is an important aspect during marriage, it is not deemed essential to settle this issue for
divorce. The absence of any statutory obligation to pay unpaid dower money to the wife facilitate
the dishonest husband escaping the payment altogether. In case of divorce, the wife has to
recover it though court case like maintenance facing strong contest from the husband. Under the
Muslim Law, dower is an important part of marriage. The custom of giving dower was come
from Pre-Islamic time. The Quran and Sunna say that, dower must be given at the time of
marriage and the statutes of Bangladesh also confirm it. The dower is given in two ways; one is
prompt and other is deferred. The prompt dower is given when the wife claimed it and the
deferred dower is given when the marriage is dissolved by divorce or after the death of
husband‟s. If any person denies giving this dower money to his wife, then the law can force him
and the wife can decline to continue conjugal life. The cases on dower in Bangladesh highlight
the contrast between theory and practice. Although Shari‟a law contains several positive
provisions, of which dower is one to safeguard women‟s rights; these provisions have
deteriorated due to socio-cultural reasons and patriarchal subversions of a later period. The
dower has eventually ceased to be a safeguard for women against arbitrary divorce.

38
Bibliographies
Books
1. Rashid‟s syed Khalid, (2004), Muslim law, Lucknow, Eastern book company
2. Aqil Ahmed, Mohammedan Law, 21st
ed. (Allahabad: Central law Agency
3. Serajuddin Alamgir Muhammad, (2011), Muslim family law, secular courts and Muslim
women of south Asia, Karachi, Oxford university press
4. Syed Ameer Ali, Mohammadan Law, 6th
ed. (Dhaka: Shams Publication
5. Obaidul Huq Chowdhury, Muslim Law, 6th
ed. (Dhaka: Al-Yakub Press, 2005).
6. Muhammed Faiz-ud-din, Islamic Law, 1st
ed. (Dhaka: Shams Publication,1998)
7. Shaukt Mahmood, Principles and Digest of Muslim Law, 6th
ed. (Lahore: Legal Press
Centre, 2002).
8. Taslima Monsoor, From Patriarchy to Gender Equity, 1st
ed. (Dhaka: The University
Press Limited, 1999).
Journals and articles
1. Section 2(2), the dissolution of the Muslim marriage act, 1939.
2. Muslim family laws ordinance, 1961
3. Section 5, The Muslim family laws ordinance 1961
4. Published in Bangladesh gazette on 30.3.1985
5. Section 6(5) of the Muslim family law ordinance 1962
Case laws
1. Smt. Rabia Khatoon v Muktar Ahmed, AIR 1966 All. 548.
2. Smt. Nasra Begum v. Rigwan Ali, AIR 1980 All:119
3. Syed sabir Husain v. farzand hasan, (1937) 65 1A 119
4. Bibi rehana khatun v. Iqtider uddin Hassan, 1943 All LJ 98
5. Nasiruddin Shah v. Amatul Mughni Begum, ILR 1947 Lah 565
6. 54 DLR 481, ibid, p.20
7. Hamidunissa Bibi v. Zaheer sheik, 17 CAL 670
8. Babee Bachum v. Hamid Hossain, (1871) 14 MIA 377 and Bibi V Chaudhury Vakil
Ahmad (1924) 521A
9. Family Suit No. 193 of 1989 (Unreported), as cited by Taslima Monsoor

39
Websites
1. https://en.wikipedia.org/wiki/Women_in_Islam, (accessed on 23-9-1016
2. http://www.islamawareness.net/Women/naik_women.html, (accessed on, 23-9-2016)
3. http://www.muslimtents.com/shaufi/b2/b2_06.htm, (accessed on, 20-9-2016)
The holy Quran
1. Surah an-Nisa, 4: 4
2. Surahan-Nisa, 4: 19
3. Al-Qur‟an 4:20
4. Al-Quran 2:237
Author
Mr. Durjoy Barua
LL.B (Hon’s), LL.M,
Pupilage of lawyer at Chittagong judge court
Consultation: 01825-138879

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