Dower, one of the core marital rights of every woman in Islam, aims to provide economic and financial stability to women. Dower is to be paid by the husband to his wife as a token of love and respect. It is a sort of protection for women, a pre-requisite for marriage, and should be equitable. The amount of dower, which may be a sum of money or any other property, can be measured in monetary terms considering the social and financial status of the bridegroom, the bride’s beauty, education, intellect, virtue, and social status of her family, or the dower fixed upon her female paternal relations, e.g., sister, paternal aunts, etc.
Since dower is a symbol of love and respect for the wife, the amount should not be so low that it becomes insufficient for her during her rainy days. Nevertheless, dower should not be excessive and out of the husband’s capacity, as it is an obligation and compulsory to pay. Under Hanafi and Maliki schools, the minimum amount of dower is 10 dirham and 3 dirham, respectively, while there is no upper limit for fixing dower in both Sunni and Shia schools.
In various Muslim countries, dower laws vary widely. Morocco and Lebanon allow complete freedom in determining the amount of mahr, with no minimum or maximum limits. Tunisia, although more cautious than Morocco and Lebanon, allows for some flexibility in mahr amounts, stressing that it must hold value. In contrast, South Yemen and Somalia set upper limits on mahr amounts, which differ from the traditional principles of unrestricted mahr. These legal differences impact women’s rights to mahr, particularly when amounts are not determined at the time of marriage. ln Bangladesh, there is no provision, guideline, or policy for fixing dower under any domestic law.
Recently, there has been a trend among Muslim brides in Bangladesh to take merely a symbolic and nominal vow as opposed to traditional practices. Even though this trend is often seen as a step towards equality and simplicity, it’s important to consider the other side of the coin. The Islamic custom states that the husband must pay the bride a substantial sum of money known as the dower. Legal ownership of this dower ensures the bride’s financial security and freedom. Even though it seems progressive, there are concerns with the trend of reducing dower to a minimal amount, such as one taka. It would risk women’s long-term financial stability and put in jeopardy a fundamental Islamic principle meant to protect women’s rights.
Firstly, a nominal dower might make the dower seem less important. It might seem like a small, polite gift, but it risks the financial security that Islamic marriages give women. A substantial and modest mahr helps a lot if there’s a divorce or the husband passes away, supporting the bride through tough times. If we accept small sums, we might make it normal to ask less of women financially. Reducing mahr to nominal amounts could weaken legal protections for women. This might affect how courts view and enforce marital rights and responsibilities. The nominal dower shows equality, love, and respect in marriage, but we must be careful that it doesn’t unfairly pressure brides to give up what’s rightfully theirs. Families and society might push brides into decisions that aren’t best for them. In Nigeria, practices where fathers give daughters in marriage without mahr or with nominal mahr are discouraged, as they violate the bride’s rights under Shariah law.
Muslim marriages, recognised as civil contracts under both Islamic and legal frameworks, are foundational to familial and societal structures. Within this context, the dower (mahr) serves as the consideration provided by the husband to the wife.
In Nurjahan Begum v. Md. Ashraf Ali (1984 BLD 28), Iqbal Bano v. State of Uttar Pradesh (2007) 6 SCC 785, and Shah Bano v. Imran Khan (PLD 1979 SC 58), the courts in Bangladesh, India, and Pakistan respectively emphasised the need for a reasonable dower to ensure the wife’s financial security and reflect the husband’s commitment.
In Nigeria, a Muslim bride opted out of receiving a traditional dowry and instead requested her groom’s public promise to never marry another woman. This trend is concerning. Promises like these, instead of ensuring financial security, might set a dangerous precedent and possibly limit women’s rights and financial freedom. A study shows how social and cultural changes are influencing dower customs. However, if these changes aren’t carefully observed, they could weaken essential safeguards for women in marriage contracts.
In summary, while the practice of paying a nominal dower in Muslim marriages in Bangladesh has good intentions, its broader consequences must be carefully considered. While ensuring that dower offers genuine financial security for women is important, setting it too high can impose an excessive burden on the groom and lead to various relationship issues.
It can create financial pressure and result in bitterness, which is not conducive to a happy marriage. On the other hand, giving an extremely low dower, especially when the groom can afford much more, gives it no value or significance at all.
What we need here is a healthy middle way. The dower should be fair and reasonable with respect to the financial situation of the groom, though at the same time it should be an honourable, protective amount for the rights and dignity of the bride. It is crucial to maintain the safeguards that empower and protect women in marriages. The genuine spirit of mahr can be preserved by maintaining a balance between modern standards and traditional protections, promoting equality and security for women.
About the Author
Mohima Akter is a distinguished Recommended Assistant Judge in the 16th Bangladesh Judicial Service. She formerly served as the Academic Affairs Secretary of NILS Chittagong University Chapter. A top graduate from the University of Chittagong, she achieved the highest distinction in her LL.B programme and was honoured with the “Best Academic Performance Award” by the Department of Law. She is also the holder of the UGC Scholarship and the prestigious Bangabandhu Sheikh Mujib Scholar Award 2023.
Her research interests include cyber security, family law and labour rights. Currently, she holds the position of Executive Editor for a departmental law journal and is engaged in research projects under the Chittagong University Research Cell.