The word “Dower” derives form of the Arabic word “Mahr”. Dower (Mahr) is a sum of money or other property promised by the Husband to pay or deliver to the wife in consideration of a Muslim marriage. The right of dower of a Muslim married woman is so prominent that the provision of payment is ensured both by the religion and by the operation of law and is referred to as a debt on the husband until full payment in his lifetime and even after his death unless the wife relinquishes or gives up her right to dower. Dower can be of 2 types-
- Specified Dower: The dower which is specified by the parties at the time of marriage contract, it is called specified dower. Specified dower may be of prompt or deferred.Prompt Dower is payable immediately after the marriage when it is demanded by the wife. The Arabic term for ‘Prompt’ Dower is “Muajjal”. Deferred Dower is normally payable on the dissolution of marriage or on the death of the husband or on the happening of a specified event. The Arabic term for ‘Deferred’ Dower is “Muwajjal”.
- Unspecified Dower: When the amount of dower is not specified at the time of marriage, it is called unspecified or proper dower. The amount of unspecified dower is fixed as per wife’s personal qualifications and social position of her family.
According to tje section 5 of the Family Courts Ordinance, 1985 a suit for recovery of dower has to be instituted in the Family Court. All courts of Assistant Judges shall be Family Courts and all such Judges shall be the Judges or Family Courts as per family Courts Ordinance, 1985. The limitation period for the suit of recovery of dower money is 3 years. An appeal shall lie from a judgment, decree or order of a Family Court to the Court of District Judge.
Law for Nations strongly stands beside the opressed women regarding the recovery of dower money.