In the Muslim Law, the ‘Mahr’ is defined as the base of the marriage and it is said in the Law that no marriage will be valid without the Mahr. In Muslim law, and the Indian jurist defines the term in detail.
Origin
In old pre-Islamic Arabia, the institution of Marriage was not developed in the society. And, many sexual relationships of man and woman didn’t have the name under which their relation was depended. And the woman who was used for intercourse was overthrown without any security. After looking at the situation of the society the jurist of the Muslim law decided some amount of money that should be given to the wife by the husband which will be considered as the Mahr.
Definition of Mahr
Many great beings In the Muslim religion have defined Dower according to their knowledge. Some of the definition of the jurist is given below
- According to Wilson, the Dower is the consideration given to the wife in the representation of surrender by the husband
- according to Ameer Ali the Dower is the money given to the wife
- According to the Mulla, the Dower is the money or the property which the wife is entitled to receive from the Husband during the ‘Nikah’ as a consideration.
- According to justice Mahmood in the famous case Abdul Kadir v. Salima, he stated that the Maher is the amount of money or the property that should be given to the wife by the husband as a consideration. And if the same is not happening the wife has the right to ask the Mahr.
Object of Dower
- The Dower is the mark of respect towards the wife which should be given by the husband.
- This is like a check that the husband is not misusing the right of Divorce in the Marriage.
- This is maintenance money in the situation where the wife is not able to fulfill his basic needs. This money helps the wife on living a dignified life during the separation living.
Classification of Dower
The Dower can be classified into two types the one is
- Specified Dower
- Customary Dower
