Types Of Dower:
1. Maher Mua'jal (Prompt Dower):
This is the type of Dower which has to be paid to the wife before marriage is consummated or on wife's demand and if the husband refuses to pay such dower then wife can refuse to live with the husband and can approach court for a decree for payment of the same. In case the wife lives separately from husband due to non-payment of dower she would be entitled to maintenance by the husband. Where if the husband fully and finally refuses to pay the dower the wife can seek divorce on its basis and her such act would not dis-entitle her from her right to dower amount. In case the husband dies the wife’s right to claim her dower amount would be at the top of priority of any other loan on the deceased husband's property. According to decisions of superior courts where in the Nikkah form the mode of payment of dower amount is not mentioned then such dower amount would be considered Maher Mua'jal (Propmt Dower).
2. Maher Mova'jal (Deferred Dower):
This type of dower is the one wherein the payment of zar-e-maher is deferred to be paid at later times. The whole or a part of the dower amount can be deferred to be paid later in marital life. In the case when marital life comes to an end due to divorce or death of the husband the payment of dower amount has to be paid. Usually deferred dower is considered a guarantee for the marital life for the reason that when and if the husband decides to divorce the wife he would have to bear the extra burden of payment of dower amount. According to section 6 of Muslim Family Laws 1961 if the husband marries another without the prior permission of the wife the amount of deferred amount has to be paid immediately.
3. Maher Missal (Customary Dower):
If dower amount is not fixed at the time of Nikkah and it is agreed between the parties to Nikkah that amount of dower will be fixed at some later time then according to Hanfi school of thought such a Nikkah is valid and both parties of Nikkah, during subsistence of marital life, themselves or though their agents can fix the amount of dower. In case some dispute erupts then court can also fix the dower amount. Where the court has to fix the dower amount, it keeps in view the following;
I. Dower amount fixed at the Nikkah of females of the wife, for example, her aunts, sisters etc.
II. Wealth status of the husband.
All Rights Reserved. Copyright © Azeem M. Qazi Law Office.
1. Maher Mua'jal (Prompt Dower):
This is the type of Dower which has to be paid to the wife before marriage is consummated or on wife's demand and if the husband refuses to pay such dower then wife can refuse to live with the husband and can approach court for a decree for payment of the same. In case the wife lives separately from husband due to non-payment of dower she would be entitled to maintenance by the husband. Where if the husband fully and finally refuses to pay the dower the wife can seek divorce on its basis and her such act would not dis-entitle her from her right to dower amount. In case the husband dies the wife’s right to claim her dower amount would be at the top of priority of any other loan on the deceased husband's property. According to decisions of superior courts where in the Nikkah form the mode of payment of dower amount is not mentioned then such dower amount would be considered Maher Mua'jal (Propmt Dower).
2. Maher Mova'jal (Deferred Dower):
This type of dower is the one wherein the payment of zar-e-maher is deferred to be paid at later times. The whole or a part of the dower amount can be deferred to be paid later in marital life. In the case when marital life comes to an end due to divorce or death of the husband the payment of dower amount has to be paid. Usually deferred dower is considered a guarantee for the marital life for the reason that when and if the husband decides to divorce the wife he would have to bear the extra burden of payment of dower amount. According to section 6 of Muslim Family Laws 1961 if the husband marries another without the prior permission of the wife the amount of deferred amount has to be paid immediately.
3. Maher Missal (Customary Dower):
If dower amount is not fixed at the time of Nikkah and it is agreed between the parties to Nikkah that amount of dower will be fixed at some later time then according to Hanfi school of thought such a Nikkah is valid and both parties of Nikkah, during subsistence of marital life, themselves or though their agents can fix the amount of dower. In case some dispute erupts then court can also fix the dower amount. Where the court has to fix the dower amount, it keeps in view the following;
I. Dower amount fixed at the Nikkah of females of the wife, for example, her aunts, sisters etc.
II. Wealth status of the husband.
All Rights Reserved. Copyright © Azeem M. Qazi Law Office.