Payment of Dower (Haq-e-Mehr)

In old pre Islamic days it often happened that the Arab after despoiling their wives turned them out adrift absolutely helpless and without any mean. So it was made an essential condition of the validity of a marriage that the husband should settle on the wife a certain dower which become her exclusive property. Holy Quran says:-
“If you separate yourself from wives send them away with generosity.It is not permitted to you to appropriate the goods you have once given to them”

Under the Muslim system of Jurisprudence the main object of dower is the protection to the wife against the arbitrary excursive of the power of divorce by the husband. In Muslim law the husband can divorce his wife at any time he likes without any rhyme or reason so that the object of dower is to serve as a check upon the capricious exercise by the husband of his power to terminate the marriage at will. For this purpose the amount of dower is split up into two portions payable on demand and the other payable on the termination of marriage by death or divorce. The amount of dower is fixed as per financial position of the husband and that can be from many thousand to millions however the amount of dower can n no case be less than ten dirham.

The dower (Haq-e-Mehr) is an important thing for the contract of Muslim marriage and without the fixing the haq-e-mehr marriage cannot be solemnized. The dower is payable on consummation or valid retirement or on dissolution by death of any party. In case of regular marriage it is payable when dower is specified the whole amount falls due and when do dower is fixed the proper dower is due. Under the shia law if any party dies without consummation and settlement of dower nothing is payable unless it was settled that the amount would be fixed latter on in that case half of the amount so fixed becomes payable

Under section 10 Muslim family Law Ordinance 1961 says where no details about the mode of payment of the dower are specified in the nikahnama or the marriage contract the entire amount of the dower shall be presumed to payable on demand. In Law the dower usually split into two parts which are payable at different times. The part called prompt dower is payable on demand at any time after the contract of marriage. The other part called deferred dower is payable after t a specified period of time and when no such period is fixed on the death of the husband or dissolution of marriage.

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