Dower is a necessary requirement of every valid Muslim marriage. In the event of a marriage contract, the husband pays the wife a sum of money. Consideration of marriage is commonly used to describe it. In Pakistan, it is a mandatory obligation and must be fixed at the time of marriage. There is no particular amount of money or other payment at the time of marriage, even if it is The date of marriage is not fixed. Due to the existence of the marriage contract, the woman’s right to claim dower is unaffected by the inclusion of property in the Nikah Nama.
Dower can be determined later by mutual agreement. In the event that the parties are not in agreement, the wife can then go to court to have a court determine an amount that takes into consideration such things as the husband’s income, social standing, etc., as well as the wife’s social standing. She can still claim the right even though the amount is not fixed at nikah.
Nikah Nama’s first column describes Mahar as raqam (cash), but dowers may include, both, moveable and immovable property. Dower is allowed to be recorded in any of the four columns provided for its recording, including cash and/or property. It is possible to fix the debt later on, but if the husband fails to do what he is supposed to do, the wife has the right to force him to pay.
The wife generally goes to court to ask for her dower to be paid, but we have not seen case law specifically pertaining to this, so we cannot say how often such claims occur. During the nikah, the judge would be notified that no amount was specified, and the court would then set an amount that she would be entitled to claim once the court has determined an amount.
Dower can be paid promptly or deferred depending on its payment method. It is necessary to pay the prompt part of the dower as soon as possible; however, the deferred dower can be paid at the request of the wife within a specified period of time. The Mahar is called indul-talab when it is contingent on the wife’s request to pay the deferred dower.
There is a misconception that prompt dower equates to indul-talab. The statement is incorrect. After completion of the Nikah, prompt dower becomes due.
If When no time period is specified as to deferred dower, it becomes payable either upon the termination of the Nikah (if this right is retained) or upon the husband’s death.
Mahar is a debt that the husband is responsible for repaying, and if it is not paid in his lifetime, it is among the first things to be paid from his estate, unless the wife waives that right.
Inheritance can be claimed by the heirs of a deceased woman’s unpaid dower.
Due to the lack of information in the Nikah Nama about whether the Mahar should be paid immediately or delayed, the judge will assume that it should be paid immediately. It would be incorrect to assume that the dower is timely and immediately payable to the bride if she went to court and claimed that her dower hadn’t been paid until now. However, the court will assume that since the column in the nikah nama has been left empty at the time of the nikah, it is prompt and immediately payable to the bride. The nikah registrar in Punjab is currently under an obligation to ensure that all columns are filled out and that all questions are answered as a result of the 2015 amendments to the law, or else he will be held liable.
Dower is considered the woman’s property since it immediately paid to her. One must examine the conditions for the deferment and the continuation of the marriage if it is deferred. Divorce leads to the payment of the Mahar.
Only the wife has the right upon Mahar. When exchange marriages are prevalent in an area, it has been observed that there is a perception that the woman is not entitled to Mahar, and the same is not agreed upon at the time of the Nikah.
Regardless of whether or not the right to claim dower is fixed at the time of the marriage, the right to claim it remains unaffected. When this occurs, the wife should be able to claim Mahar, and if it is not settled or paid by the husband, she should be able to approach the Family Court for redress, where the amount will be determined based on factors like her social standing, her salary, and her ownership of some assets.
It must be determined and agreed upon by the parties in order to a Muslim marriage to be valid. This has been clarified in superior court judgments.
If the dower amount and other information is not correctly recorded in the nikah nama, the nikah registrar may be liable for one month of imprisonment and a fine of 25,000/- under the amended section 5 of the Muslim Family Law Ordinance (only in Punjab). It is unlikely that the nikah registrar would be held responsible if no amount or deferred payment has been agreed upon.