DOWER

What is Dower?

“It is the sum which the wife is entitled to receive from the husband by virtue of the marriage contract.”

What can from the subject of Dower?

Anything over which dominion or the right of property may be exercised or anything which may be reduced in possession can form the subject of dower. It may be cash or kind.

Is there an amount specified for Dower or Mahr?

Under Shia Law, there is no fixed legal minimum.

When can Dower be fixed?

The amount of Dower may be fixed either before or at the time of the marriage.

Can the Dower amount be changed subsequently?

·         Husband, at any time during the sustenance of marriage, can enhance the Dower amount fixed in the Nikahnama. However, he cannot decrease the same.

Under Shia Law, if the husband divorces the wife before consummation of marriage, the Dower is reduced by half but if the husband dies before consummation, the full Dower is payable to the wife.

Prompt and Deferred Dower

Dower is usually split into two parts:

·         Prompt Dower: which is payable on demand

·         Deferred Dower: which is payable on dissolution of marriage by death or divorce.