What are the consequences of non-payment of dower?
If any delay is caused in the payment of the dower, the wife is entitled to get interest for the period during which the dower has been unpaid. The wife may also refuse consummation till the husband pays the prompt dower.
What is unpaid dower?
The legal obligation of the husband under the Muslim Law is to pay dower to the wife. An unpaid dower resembles like a simple debt in which the husband is like a debtor, and the wife is like a creditor.
What are the remedies available to a wife whose dower is not paid?
In such a situation the wife can recover her unpaid dower by maintaining an action in a court of law. If the husband dies, the widow is entitled to recover the amount by filing a suit against the legal heirs of the deceased husband. But the legal heirs of the husband are not personally liable to pay the dower.
How can dower be enforced?
The right of restraint of the Widow The practice of’ right of protection’ after the husband’s death is the most efficient way of enforcing a dower. A widow whose Dower remains unpaid is entitled to keep the husband’s property until his Dower debt is met. This right to lien is also called right to retain the property.
Can a widow obtain possession of her husband’s property after his death for her dower?
A widow, whose dower debt is pending, has a right to retain the properties of the husband till her dower debt is satisfied. When a wife was in possession of her husband’s property during his life and continued in possession after his death, the presumption is that her possession is lawful.
Who has to pay dower to whom?
Under the Muslim Law, Mehr (dower) means money or property which the wife is entitled to receive from the husband in consideration of the marriage but this consideration is not the same as that of the civil contract. Dower is an obligation imposed upon the husband as a mark of respect for the wife.
Is dower a maintenance?
According to this all the husband’s lability to pay maintenance to the divorced wife extends up to the period of iddat only. Thereafter he need not pay maintenance. Dower (mahr) is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage.
Is dower a debt?
Dower as a Debt: Dower is an unsecured debt which the wife or widow, or divorcee, can recover from her husband, when alive, or from his estate when dead. Not merely the widow has the right to recover the dower-debt, but, on her death, her heirs, too, can recover it.
Who can fix dower?
If the marriage takes place of a minor or lunatic boy then the amount of dower can be fixed by the guardian. The husband can settle any amount of dower. However, he cannot settle the amount of dower less than ten Dirhams according to Hanafi law and three Dirhams according to Maliki law.
What is dower rights?
The Dower right is a married person’s rights to occupy the dwelling place (the “homestead”) or use household contents in that place which are owned in the name of their spouse. It does not apply to jointly owned assets. A homestead is the home where you and your spouse lived during your marriage.
What is the concept of dower?
A Dower is a common law that entitled a widow to a portion of her husband’s estate in absence of a will. The provision of dower allowed the wife to provide for herself and any children born during the marriage. In most circumstances, the widow was granted up to one-third interest in her husband’s assets.
What happens if dower is not paid to wife?
1. If the amount of Dower is not paid to the wife, she can refuse to cohabit with her husband until the sum is paid to her. If the marriage is consummated then, she can’t deny cohabiting. 2. If the Dower is not paid to the wife then she can file a suit against her husband and recover the sum of Dower.
When do you have to pay a prompt dower?
In a prompt dower as the name suggests need to be paid promptly. Which means the husband is liable to pay the dower as soon as the demand for it is made. The prompt dower is usually paid just before the marriage or as soon as the marriage is over. This dower is required to be paid before the consummation of marriage is made.
What does a dower mean in Muslim law?
In this case, Justice Mahmood said that in Muslim Law, Dower is a sum of money that a husband promises to pay to the wife in consideration of nikah. And if the Dower is not fixed at the time of marriage, then the law gives rights to the wife to decide upon the non-payment of Dower. 1. Specified Dower a. Prompt Dower b. Deferred Dower 2.
Who is liable to pay mahr if there is no dower?
Hence, the husband’s liable to pay Mahr even if it is not specified. The only question would be the quantum. If no Mahr is fixed, wife will be entitled to receive the amount which is customary in the community or in respective society or what is proper in each individual case.