Mahr is an obligation for the husband to pay a sum of money or property to his wife at the time of marriage according to Islamic law. It differs from dowry which is property brought by the bride. Mahr can be prompt (paid at marriage) or deferred (paid later). The wife has a legal right to mahr which she can enforce through the courts by filing a lawsuit within 3 years. Case law has established that the wife can refuse conjugal relations until prompt mahr is paid, even if the marriage was previously consummated. The courts also have discretion to make restitution of conjugal rights conditional on payment of unpaid prompt mahr.

1. NEW LAW COLLEGE,PUNE
FAMILY LAW PRESENTATION
TOPIC- MAHR
SUBMITTED BY
GRESHMA SHAJI
BBA LLB SEM 4
C-57

2. Mahr
• Meaning & Definition : In a Muslim marriage, Mahr is the sum
that become payable by husband to wife on marriage, either by
agreement between the parties or by operation of law. it may be
prompt (Mu’ajjal) and deferred (Mu’wajjal).The dower is regarded
as a mark of respect to the bride
• The terms “dowry" and “brideprice" are sometimes incorrectly
used to translate mahr, but mahr differs from dowries in many other
cultures.
• A dowry traditionally refers to money or possessions a woman
brings forth to the marriage, usually provided by her parents or
family; bride price to money or property paid by the groom or his
family to the parents of a woman (but not to the woman herself)
upon the marriage.

3. Law of marriage
(complied by All India Muslim Personal Law Board)
• Mahr is the mal (money or property of any kind)which is an
obligation of man towards the woman as a result of
marriage.(Section 127)
• Mahr is a financial right arising from marriage contract which
is an obligation in all circumstances, even if at the time of
marriage it was agreed upon that there will be no
mahr.(Section128)
• The amount of mahr may be fixed and paid either before ,at
the time of ,or after marriage from the assets of husband. The
wife is competent to relinquish the mahr provided she has
attended the puberty at the time of relinquishment.

4. Kinds Of Mahr
• Specified dower (mahrul-musamma)
The Mahr is usually fixed at the time of marriage but it is also fixed after
the marriage. Mahr fixed by the father on behalf of his minor son is binding
on the minor son on his majority.
• B. Unspecified dower (mahrul misal)
The obligation to pay dower is a legal responsibility on the part of the
husband and is not dependent upon any contract between the parties.
Hence, the husband’s liable to pay Mahr even if it is not specified.
• C. Prompt (muajjal) and deferred (muvajjal) Mahr
The term Muajjal means ‘hasten’, ‘to proceed’ whereas the term Muvajjal
means ‘delayed’ or ‘deferred.’The prompt dower is payable immediately
after the marriage but the deferred Dower becomes payable either on the
dissolution of the marriage or on the happening of a specified event.

5. Quantum Of Mahr
• Hanafi Law, 10 Dirhams
• Malaki Law, 3 Dirhams
• Shafi Law, No fixed amount
• Shariya Law, No fixed amount.
• A dirham (derived from the Greek) is the name of Silver coin of 2.97 grams
in weight. However, it would be a sad mistake to lay too great stress upon
the monetary value of the Mahr amount. It is said that in the case of an
extremely poor man, the Prophet requested him to teach the Quran to his
wife. It is said in one Hedaya that the payment of Mahr is enjoined by the
law merely as a token of respect for the woman.

6. Enforcement of Mahr
• If the Mahr is not paid, the wife can enforce it by
filing a suit against her husband. if she dies, her legal
heirs can sue. The period of limitation is 3 years
• In case of prompt mahr, the period of limitation starts,
when the mahr is demanded and refused. In case of
deferred mahr it starts from date of dissolution of
marriage by death or divorce.

7. Case Law
• Nasra Begam v. Rizwan Ali AIR 1980 All 119
• The Allahabad High Court held that the right to dower comes into existence
before cohabitation and Prompt Dower may be demanded even before the
cohabitation.
• Where the wife is minor or insane, her guardian can refuse to allow the
husband to take his wife with him till the Prompt Dower has been paid. If
the minor wife is already in the custody of her husband, such guardian can
take her back on the ground of non-payment of Prompt Dower.
• But, where the consummation has taken place even once, the wife’s right to
refuse consummation is lost. If the marriage has already been
consummated, the husband’s suit for restitution of conjugal right will not
fail on the ground of non-payment of Prompt Dower.
• However, the court has discretion, even in such a case, to pass a decree for
restitution of conjugal rights subject to the condition of payment of Prompt
Dower.

8. Case Law
Anis Begum v. Muhammad Istafa Wali Khan AIR 1933 All 634
• The facts were that in the marriage of Anis Begum and Md. Istafa,
the Prompt Dower was Rs. 15,000. The husband and wife lived
together for some time and a daughter was born to them.
• Later on, Anis Begum left the house of her husband and refused to
come back till her Prompt Dower was satisfied.
• Md. Istafa, the husband, filed a suit for the restitution of conjugal
rights. It was held by Sulaiman, C.J., that there was no absolute right
in a husband to claim conjugal rights unconditionally.
• The courts have discretion to make the decree of restitution of
conjugal rights conditional on payment of wife’s unpaid Prompt
Dower even where the marriage has already been consummated.
• Accordingly, the decree for restitution of conjugal right was passed
in favour of the husband subject to his payment of Rs, 15,000/-.