Law Of Maher (Dower):
The right bestowed to the wife at the time of Nikkah or during subsistence of marital life wherein the wife is given an amount of money or anything else is known as Zar-e-Maher or Dower amount. Dower amount can be in the shape of cash, jewelry or property. The Holy Quran has not ascertained the exact amount to be fixed as Zar-e-Maher but has commanded the husbands to pay their wives from the assets they possess, hence, the zar-e-maher depends upon wealth status of the husband. The Holy Quran has ordered the husbands to pay zar-e-maher to the wives at the time of Nikkah (Al-Nissa-24) At another place the husbands are ordered to pay zar-e-maher to the wives pleasantly (Al-Nissa-4) In Islamic and land laws, the dower amount is considered personal property of the wife therefore, parents of the wife or any other relative does not claim any right over it. Furthermore, neither the parents or relatives nor the guardian has the authority to waive off the dower amount, however, the wife on her own free will can forgo or give up whole or part of the dower amount (Al-Nissa 4). Such waiver by the wife, whether orally or in writing, must be done in presence of two witnesses. In disputes regarding payment of dower amount when the wife demands her zar-e-maher and the husband claims he has already paid the same then burden to prove such claim lies upon the husband. It is necessary that when payment of zar-e-maher is arranged then two witnesses must be present and the wife should have no objection on those two witnesses. It is permissible that no dower is fixed or that any service or education can be considered as Maher. The tradition prevalent in society that Rs. 32.50/- is Shari'e Maher does not hold footing in the religion. All Rights Reserved. Copyright © Azeem M. Qazi Law Office. |