1. Concept of MAHR [dower]
Two kinds of marriage prevailed in Pre-Islamic arabia.
Beena form-wife[sadaqa] after Nikah did not accompany her husband to his home.
Gift [Sadaq] was given to wife.
Baal marriage [As asura marriage under hindu law] –wife accompanies-husband pays some amount to her parents.
This amount was known as Mahr [consideration for marriage]

2. Concept of Mahr [dower]
Dower/morning gift-object is to support in the event that she survives her husband.
It is integral part of Muslim Marriage.
Generally no writing is required-but Mahr-nama can be prepared.
A/c to Mulla, it is a sum of money or other property
Which the wife is entitled to receive from the husband in consideration of marriage.

3. Concept of Mahr [dower]
When the groom gives his bride the dower, it becomes her property.
In case of a divorce, she won't have to give up her dower unless she is the one who requested the divorce .
The amount promised or paid to the bride forms part of her personal property and is of assistance to her in times of financial need, such as a divorce or desertion by the husband .
While the Mahr is usually in the form of cash, it may also be a house or viable business that is put in her name and can be run and owned entirely by her if she so chooses.

4. Concept of Mahr [dower]
Now it is given to wife-a provision for rainy days.
It may put a check on the capricious exercise of his unlimited power of divorce.
Because at divorce whole dower becomes payable immediately.
It is not consideration as used in contract act but obligation imposed upon husband as a mark of respect to the wife.

5. Kinds of dower There can be no marriage without Mahr.
It may be either specified or unspecified.
Specified-husband and wife may settle any amount they like .
Unspecified/proper/customary dower-if not settled.[age, beauty, understanding and virtue are kept in mind while fixing proper dower]
Major husband is obliged to pay.
Minor husband-his father has power to make contract of dower but contract is binding on husband.

6. Kinds of dower
On attaining the age of puberty-he can take the plea that he was not party to contract.[privitiy of consideration]
Stranger to consideration is allowed but stranger to contract is not allowed.
This above is exception to the general rule of contract.
Sunni law –father in such case is not a surety[Not liable in case son is avoiding]
Shia law-he is liable personally if son avoids.

7. Kinds of dower Specified dower may be prompt or deferred.
Prompt-payable immediately after marriage if demanded by wife.
She may demand before or after consummation.
Wife may refuse to stay with husband so long as dower remains unpaid.

8. Kinds of Mahr
Non payment of dower is good defence in a suit for RCR by Husband.
She may assign the whole or any part of dower to any person.
Once it is confirmed[by consumation ] , no forfeiture even if on gross misconduct or adultery on part of women.
Not Even when she kills her husband or husband kills her[heirs will get it]
If dower is not confirmed by consummation, and they want to separate then half dower or only a present[if dower not specified]
If prompt dower is not paid, wife and after her death—heirs may sue within 3 years.
Limitation commences when demand is made and refused or marriage is dissolved by death or divorce.

9. Kinds of Mahr
Mahr which is payable on the dissolution of marriage by death or divorce or happening on specified event.
Deferred does not become prompt merely because wife demands it.
Shia law-if it is not fixed at time of marriage, whole amount is considered as prompt.
Sunni-part is regarded as prompt and part is deferred.

10. Kinds of Mahr
On dissolution of marriage- wife is entitled to the immediate payment of whole/half unpaid dower if marriage was consummated/unconsummated.
In case of her death, heirs can claim within 3 years.
If amount of dower is has not been settled or even if there is stipulation that wife will not claim
Wife is still entitled to proper/customary dower.
The amount is fixed by court at the discretion of the court.

11. Kinds of Mahr Amount of Mahr-it may be fixed or not.
If fixed then it can not be less 10 dirham in sunni but not minimum fixed in shia law.
Shia says proper dower can not exceeds 500 dirhams [dower fixed for prophet’s daughter]
Dower-if husband promises to teach koran to his wife [Prophet allowed once]

12. Kinds of marriage
Husband at any time after marriage increase it but can not decrease it .
He can decrease with consent of wife.
Wife may remit the dower wholly or partially.
It must be with free consent.
Age will be governed by IMA[confusion exists till today]
Wife can also reduce the amount voluntarily.
Mahr remitted- Wife was in great mental distress owing to her husband’s death.[No free consent.

13. Kinds of Mahr
Wife thinks she is not getting affection due to claim of Mahr-Not good.
Enforcement of dower—
The claim of wife [divorce] or widow [death] is unsecured debt due to her from her husband or his estate, on his death.
In case she dies, her heirs including husband become entitled to her dower.

14. Kinds of Mahr
Wife ‘s right is no greater than that of any other unsecured creditor but bigger if compare with rights of heirs except
If she obtains possession of deceased husband’s property lawfully , she is entitled to hold it until her debt is satisfied.
This right is an actionable claim.
It can be recovered not only from husband but also from heirs in case of death of husband.

15. Dower as a debt
If husband is not paying prompt dower, she can live separetely and demand maintenance.
If wife is minor, guardian may refuse to send minor to matrimonial home till the dower is paid.
Wife can file a suit against husband for recovery of her dower debt.
The heirs of are not personally liable for payment of dower-debt.
They are liable to the extent only of share of debt proportionate to his share of estate.

16. Widow right of retention
Maina Bibi V Vakil ahmed 1924 IA
When this right is lost?
When the income and profits of property her dower debt is satisfied.
Where she alianates property and possession.[generally not allowed]
Where she voluntarily hands over possession to heirs.
Heirs can also file a suit for share in retained property by widow/divorcee, court will grant decree subject to condition that share should be given to her proportionally.

17. Kharch-i-pandan Mewa khori This is enforceable by court .
Right of retention is transferrable or not?
Different courts , different views
Personal right or right attached to property.
If property , it is transferrable.
Confusion still exists.

18. Kinds of Mahr Right of retention
This right comes into existence only after the husband’s death or upon divorce.
She can retain only where possession is in her hands in Lieu of her unpaid dower.
She can not obtain its possession after death of husband. [she should already have possession]
This right gives no title to her. She can not alienate the property.
If property is mortgage property-compensation is allowed.