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Abstract

Regarding Payment of dower in the Marriages under Muslim Personal Law
 
Marriage generally involves some financial settlements under every legalsystem, secular or religious. However, Muslim personal law requires the payment ofdower also, apart from maintenance, to be made by he husband to the wife. This isin fact a strict financial obligation set by the sharia that has to be performed byevery husband in consequence of a marriage. The Holy Qur'an directs that 'Givewomen their dowries as a free gift'(4:4). Dower is a financial gain of the wife, whichis her personal right. This·is an extra amount that is payable to her th.at. incurs even no financial liabilities and the wife, i f l ikes, may keep it in the fo1mof fixed deposit or may spend it according to her sweet will without any restriction
from her husband. Thus, the wife is the absolute owner.of the property obtainedby way of dower. This is also one of the distinguishing features of Islamic Law ofmarriage. 'the payment of owner on the part of the husband is an admission of theindependence of the wife for she becomes the owner of property immediately on hermarriage though before it she may not have owned anything. 1 This is absolutely herown property over which husband has no legal right There are many verses of theHoly Qur'an that indicate that this is her absolute right and 'so it is not lawful for herfather or any other one to take any part ' of this propertyDower : General PrinciplesDower: Source of Obligation:Sharia,not contract.Though marriage under lslamic Law is generally treated as a contract, the agreementof the parties is not only the source of rights and duties to arise in consequence ofsuch contracts, there are many unilateral obligations that arise in consequence ofmarriage. They are not settled by the parties themselves but arc imposed by .. the. sharia. Dower is one of the those unilateral obligations on the husband which hasbeen imposed by the shariyaaa irrespective of the agreement