Dower: Legal Obligation or Rightful Demand

  • Siddharth Tripathi and Varun Agarwal
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  • Siddharth Tripathi

    Student at Symbiosis Law school Hyderabad, India

  • Varun Agarwal

    Student at Symbiosis Law school Hyderabad, India

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Abstract

Islam makes payment of Mahr as obligatory and rightful demand of Muslim women from her husband. It is wholly immaterial whether the amount of Mahr is mentioned in the marriage certificate or not. It is to be compulsorily honored by the husband as the mark of respect and reverence for his wife. The main objective of Mahr is to provide protection to the wife against the hasty and arbitrary practice of pronouncing divorce by the husband. Mahr is revolutionary right adopted by the Islamic law and provided to the Muslim women which vests her with the property rights However, social practices vary and differ to the large extent from the provisions of law which further coupled hardships on Muslim women social position. The research paper discusses the concept of Mahr and elucidates whether payment of Mahr is legal obligation on the part of husband or rightful demand of women. It seeks to explore different aspects of Mahr in reference to balancing the argument between rightful demand of Muslim women and obligation on part of her husband and what are various rights under which women can claim the amount of Mahr and other entitlements.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 3427 - 3438

DOI: https://doij.org/10.10000/IJLMH.111746

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