Dower is a sum of money or any other property which is
payable to the wife by the husband, either by agreement between the parties if
there is no such agreement by operation of law.
According to
Mulla, “Dower or Mohr is a sum of money or other property which the wife is
entitled to receive from the husband in consideration of the marriage”.
According to Ameer Ali, “Dower is a
consideration which belongs absolutely to the wife”.
According to Tayabji, “Dower or Mohr is a
sum that becomes payable by the husband to the wife on marriage, either by
agreement between the parties, or by operation of law”.
According to A. Rahim, “It is either a sum
of money or other form of property to which the wife becomes entitled by
marriage. It is an obligation imposed by law on the husband as a mark of
respect for the wife”.
According to Justice Mahmud, “Dower, under the Mohammadan law, is a sum
of money or other property promised by the husband to be paid or delivered to
the wife in consideration of the marriage, and even where no dower is expressly
fixed or mentioned at the marriage ceremony, the law merely confers the right
of dower upon the wife as a necessary effect of marriage”. This definition
has taken from Abdul Kadir VS Salima and the justice was J. Mahmud.
In
pre-Islamic Arabia dower or mahr was known as Sadaqa and was paid to the wife’s
guardian and could therefore be regarded as sell price.
Written
With The Help Of Refference Book:
Mulla’s
Principles Of MAHOMEDAN LAW (19th Edition)
Written By: M. Hidayatullah
& Arshad Hidayatullah (India).
Text Book Of MOHAMMEDAN LAW (23rd
Edition)
Written By: Aqil Ahamad
(India).
MUSLIM
LAW
(17th Edition-2014)
Written By: Syed Khalid
Rashid.
Revised By: Prof. V. P.
Bharatiya (India).
Text Book On ISLAMIC LAW
[Including
Statutory Family Laws]
Reprint: May
2009(1st Edition)
Written By: Dr. Muhammad
Faiz-Ud-Din (Bangladesh).
MUSLIM LAW (1st
Published-March,2012)
2nd
Pirnt: August,2013
Written By: Salena Akter;
A.N. M Arifur Rahman;
Md. Jahid Hossain Dolon(All are Bangladeshi).
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