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Dowry In Islamic Marriages

The institution of dowry in India is generally focus on non-Muslim communities. The problem of dowry which has both the theoretical and empirical significance in modern time has not been exclusively studied by many sociologists.

This article is based on secondary source material, and surveys the practice of the institution of dowry among Indian Muslims in various forms and origin. This article discusses the historical assimilation of dowry practices in India from ancient period to current period. Dowry is an ambiguous word and does not have a uniform definition.

Dowry means the property and valuable articles which the bride brings at the time of marriage. Indian Muslims generally used the word Jahez for practice of dowry lines and justifies it. This article underlines different forms of dowry in different religions , explains the difference between the practice of dowry among Hindu and Muslims.

This article highlights the difference between DOWER and MAHR and its implications in Islam and the problems in eradication of this evil social practice from society. There are certain laws and provisions made in relation with dowry , this article highlights the loopholes in the implementation of laws.

Dowry is performed in a majority of Indian weddings. Dowry is the giving of gifts, cash or articles to a groom or his family on behalf of the bride's family in marriage. Generally it includes cash, money, furniture, electrical appliances, bedding, crockery, clothes, jewellery and many other essential items that are requires in new wedding life.

Dowry is the common practice in India. Dowry is a conditional gift that is supposed to be restored to the wife or her family if her husband divorces, abuses, or commits other grave offences against her. The practice of dowry in practice is a source of both joy and curse in the society. In many societies, dowries have been served as a reciprocal gesture by the bride's kin or relatives to the groom's kin for the expenses incurred by the latter in payment of bride wealth.

Who makes a dowry a pre-condition for his marriage, not only shows disrespect to women but also humiliates his own education and womanhood and such young person's should be socially boycotted. - Mahatma Gandhi

The practice of dowry has come to a long way from being a token of love for the daughter to a social menace. This evil practice is behind the deaths of thousands of women in the country. The despicable custom of dowry has assumed an alarming proportion reducing the sacrament of marriage to just a merciless business transaction. The practice of dowry flourishes among all social classes. It has been practised in all religions despite of strict rules, laws and provisions.

The practice of dowry is performed irrespective of religion because it is an expected part of marriage in cultures where arranged marriages are the norm. But the discourse on dowry has been largely confined to non- Muslim communities like Hindu, Sikhs, Jain etc. It is negligently believed by the people that institution of dowry was not practised by Muslim community. The practice of dowry in Muslim communities has practised and continues to exist in different forms and different sects of Islam. The dowry system is a evil social practice that preserve the oppression, torture, humiliation, sexual assault and murder of women irrespective of all religions.

History And Origin Of Dowry Practice
During the Vedic age, marriage was a sacred bond and it is integral part of society. In the hymns of Rigveda and Atharvaveda, it begins with the allegory of the marriage of Lord Surya, the daughter f the Sun with Suma or Moon. This particular allegory actually represents that bride at the time of her marriage, had treasure chest which contains dowry is placed in her chariot. In Vedas, marriage hymn VAHATU which means dowry is mentioned. If we closely look at the ancient time weddings i.e. marriages of Spiritual Goddess [Sita , Draupadi, Subhadra (sister of Lord Krishna)] , marriage had treasure in form of jewels, cows, elephants, horses etc, which they carry to their home at departure.

In Vedic period, marriage is associated with Kanyadana. In Dharamshastra (Rigveda); the meritorious act of Kanyadana is not complete till the bridegroom was given a Dakshina. This practice of dakshina is known as Varadakshina which is given by bride's parents out of love and affection and not by coercive effects.

In epics like Mahabharata, there was a strong system that supports the practice of Bride price. It was evidenced by the guardian of Gandhari (wife of Hastinapura King� Dharatrashtra) who paid heavy bride price at that time. Dowry system in ancient times (Vedic period) is not considered as social evil as they were made voluntarily after the marriage out of love and affection. In royal families they had elaborate giving and taking of gifts in practice.

In pre- colonial era, their system was practised to enable women to establish their status and self esteem in the society. The institution of dowry is voluntarily managed by women. It was performed and practised to give financial independence to women so that after marriage they solely do not depend on their husband.

In the pre- colonial period, at the time of marriage parents of the bride give valuable articles or money to their daughter in same way as they give their wealth to their sons. It is to be noticed that the valuable gifts are given to bride and not to her husband and his family. The wealth of dowry continued to be owned by bride and not by the husband or his family.

In colonial era, the institution of dowry was claimed as a civilized mission. Prior to British Raj, land was under the control of king and it was not considered as a commodity which could be sold. Permanent Settlement Of Bengal in 1793 by the British under the rule of Lord Cornwallis was the main cause of dowry in India.

Prior to British rule, private ownership of land was never practised in India. Under British Raj, woman's entitlements to the precious resources obtained from the land were erased and their control of the system diminished as before their rule, this institution of dowry was an index of the appreciation bestowed upon a daughter in her natal village, and not a groom's prerogative to make demands on the girl's family.

All the wealth that women got from her parents for her financial stability would be owned by her husband. Britishers put landed properly exclusively in the male hands and made them responsible to pay revenues (payment). This particular action of British Raj make the entire economy 'masculine' and Indian male became the dominant legal subject. It leads to the problem of another social evil Groom Price.

In the British era, codification of customary law affects women a lot because they were considered as 'PATRIARCHAL LINEAGE' rather than their localities. In customary rules and practices women were totally excluded. Britishers make the practice of dowry mandatory in India because it is the only way to get married as a consequence of the massive economic and societal upheaval brought on by the British Raj. The British introduced divide and rule policy which created different laws for different religions.

Before British Raj, laws in India were based on geography and not on any caste or religion. It was since British Raj, personal laws are different in India depending on which religion or caste the person belongs to and the dowry practices also practices according to the religion.

Origin Of Dowry Practices Under Islam

In dowry, families of the bride and groom negotiate transfer of assets to the groom and his family before at the time of marriage, within the context of arranged marriage. Indian Muslims generally used the word JAHEZ for the institution of dowry and it is used in terms of JAHEZ �E- FATIMI. Jahez is a culture of the subcontinent given by the bride or her family to the bridegroom.

It is to be noted that this culture is not specifically promoted by Islam. Jahez is generally used for different kinds of gifts presented by the bride's parents in consideration for her marriage. Under Muslim Law, There is no specific provision mentioned for the institution of dowry. Islamic marriages do not recognize the institution of dowry. It is presumed that Muslims do not practise dowry.

Jahez-e-fatimi is classified under two heads; first element includes that the parents of the bride should arrange special facilities for the bridegroom and his family (BARATIS). This was a recent phenomenon which is recognized by Islam under Jahez. Parents of the bride give some articles to bride out of love and affection. Muslim Ulema( theologian) in their religious texts(Quran) advised Muslims not to cross the limits in context of dowry.

Muslim theologian legitimized this institution of dowry which promotes giving things by parents to bride in the form of their love and blessing. There is no particular evidence that established the fact of practising of dowry among Arabs because Prophet Mohammad in the wedding of her daughter provided her with essential articles to start bride's conjugal life.

The second element of Jahez is a kind of dowry practice that have no relation with Islam but Muslim follow this practice according to the norms and principles of the society which is largely established by Hindu community. It is mainly practised in South India i.e. Karnataka, Andhra Pradesh, Kerala, Maharashtra, Tamil Nadu. The institution of dowry is not a part of Islam. Whereas it is permissible for the parents to give gifts to the bride in Islamic, it is not an Islamic tradition or culture.

Nature And Concept Of Islamic Marriage

In Islam religion, marriage between Bride and Bridegroom is regarded as Legal Contract. In Islam ,marriage is commonly known as Nikah which means legal contract.In Quran,it is defined as �Mithaqun Ghalithun. Nikah means physical and legal relationship between Bride and Bridegroom or Husband and wife.

Purpose of Marriage in Islam

In Quran, Zawj word is used which means Pair. Marriage is regarded as important part of life in Islam religion because it fulfills the purpose to provide company to one another ,legitimate relationship, peaceful relationship and legitimate procreation of child.

Marriage is compulsory in islam or not

Islamic religion recommends that marriage is necessary and important part of life. In Quran, it is mentioned that if marriage is completed then husband has fulfilled half of his religion. Many Muslim scholars considers it as a Naflor Mubah which means preferable. But it is also written by many scholars in their Muslim texts that if husband does not fulfill the needs of his wife or maintenance of his wife and children than it shouldn't be followed.

Important Components of Marriage

  1. Capacity
  2. Essentials of Marriage
  3. Effect of Marriage

    1. Capacity of Marriage- There are important points of capacity which are given in following manner:
      • According to Islamic Marriage, husband should be sound mind and have attaining puberty (Adult age and knowing about physical relations)
      • If there is no proof or evidence of puberty than it will be assumed as 15 years according to Quran.
      • Minor person can be contracted in marriage, if it is accepted by their Guardians.
      • Consent should be given in free means, if consent and acceptance is not given in proper means than marriage will be void.
    2. Essentials of Marriage- There are some important conditions which must be followed:
      • Proposal should be made by one party and acceptance should be given by another party .if we go into Islamic context, then Ijab (Proposal) should be made by one party and Qubul (Acceptance) should be given by other side.
      • Proposal and Acceptance should be in expressed manner.
      • Parties should be competent .There should be legal relationship between parties.
      • In Islamic Marriage,two or three male or Female must be present in marriage as witness because it is important for evidence of marriage.Marriage must be start in presence of Muslim Scholar.
      • Proof or evidence is not needed in writing.
      • Consent should be given in free manner. it should not be given due to Coercion, undue influence, compulsion or by any other forceful means.
    3. Effect of Marriage- There are Lawful obligations and Duties in Islamic Marriage which must be followed:
      • Wife have power to get Mahr. Women have a right to recover her money (Dower) from her husband property or his guardians.[1]
      • Women have right to get maintenance from her husband in proper manner.[2]
      • Sexual Intercourse between Husband and Wife should be mutual .it should not be done by compulsion or by any forceful means.
      • The Right of succession should be obliged.
      • Women have not to married during Iddat period : After Divorce or Death of husband.
      • In Islamic Law,there is no right be given to husband and wife regarding property matters. They can not interfere with each other in property matters.

Different Aspect of Marriage in Islam

  1. Valid Marriage or Sahih
    �In Islam religion ,marriage will be valid if it does not violate any condition or duties such as maintainence right to women,Mahr (Amount of money be given to wife after married),Mutual Intercourse and consent must be in free manner.Obligations on the part of Husband and Wife should be followed in proper and systematic manner.
  2. Irregular marriage or Fasid:
    Irregular marriage are those marriage which is terminated by one of the party.This is terminated by party because of non fulfillment of Rights and Duties.
    There are certain factors due to which these marriages are terminated:
    1. If marriage is done without any witness
    2. If husband married to fifth women (5th marriage).In Quran ,it is mentioned that husband can be married to 4th women.
      Marriage during Iddat period : After Divorce or Death of Husband
    3. married with Fire Worshipper
  3. Void marriage or Batil:
    �Void marriages are those in which there is no legitimate relationship between parties.These type of marriage does not create any legal relations,rights and duties between parties.These types of marriage are unlawful from beginning.

Factors of Void Marriage

  1. If marriage is completed by any unlawful means such as coercion,undue influence or by any forceful means.
  2. Marriage will be void on the ground of Consanguinity.In other means if husband married with women who belongs to descendants of same ancestor than it will be void.
  3. Void on the basis of Affinity
  4. Marriage will be void on the basis of Fosterage
  5. Marriage will be void on the basis of Plurality of Husband.

Case Laws of Islamic Marriage

  1. Abdul Kadir vs. Salima And Anr. (1886) � In this case court consider about nature and effect of Islamic Marriage ,about Women Maintenance rights ,about Mahr (Dower Money) and consider about matrimonial rights.This is very important case of Islamic religion regarding nature and effect of marriage.[3]
  2. Shamim Ara vs. State of U.P. � In this case Court held that it is liability of husband to pay maintenance to his wife and children. This is a very important case of Islamic Law regarding maintenance rights.[4]

Difference Between The Hindu And Muslims Institution Of Dowry

The institution of dowry is an important factor in Hindu's marriages. In Hinduism, there are various occasions other than marriage where parents have to give some valuable goods or gifts in the form of dowry to groom's family. It was observed in the society generally that the daughter always remains as a burden on the family because the father of the bride lifelong imprisoned by the responsibilities of the daughter in context of dowry. Hinduism provides a new scope to this evil social practice. They legitimized this practice on the name of rituals and customs.

When the marriage was fixed, any festival which come before marriage like TEEZ, DIWALI, HOLI, MAKKAR SAKRANTI, KARWA CHAUTH, SINDHARA, NEW YEAR etc, father have to give some gifts and articles to the groom's family. In MAHESHWARI and BANIYA it was evidenced that these festivals have great importance and bride's family gives dowry directly to groom's family. It was recorded that in some caste, articles and gifts are specified by the groom's family for each member of the family and ancestors before marriage which parents have to give lifelong to their daughters. There are many occasions except marriage which makes parents of the bride anxious instead of joy.

Birth Of Child: The birth of children becomes an occasion for the husband's family to command more money. Indian traditions required a bride's family to provide her with gold, jewellery or other items of value. Parents of the bride have to fulfil the demands of groom's family on the birth of child for the sake of customs. It was a huge expense for parents because generally gold chain, ring and nose pin for mother of the child, silver as a(KANGANA) of the child and other things like clothes for each member of the groom's family, toys are demanded.

On festivals like DEEPAWALI and HOLI, father of the bride or any guardian went to her home along with various gifts, sweets, crackers, colors etc. is also considered as a form of dowry. Whenever daughter visits her parental home, she must take gifts, clothes for her in-laws. It is a mandatory practice in India.

Prayojan: This practice is followed in some caste of Hinduism especially in BANIYAS. It was an occasion in which daughter of the bride has ear piercing ceremony. On this ceremony, parents of the bride give various valuable gifts to the groom's family. It was noticed as a big function like marriage. It normally creates an expense of Rs 100000 to 300000 to bride's parents and it was another practice in the form of dowry.

In Hindu law, MITAKSHARA is a legal treatise on inheritance, it emphasized that a female or women cannot demand share in the immovable property of parents. Female is not considered as a coparcener in the ancestral property and she did not have equal rights as male members of the family.

The MITAKSHARA School of Law is conservative and it is observed in India except West Bengal and Assam. It is generally observed in the society that if women demand share in the ancestral property, her relation with the family especially her brothers become toxic. If women demand share in their parent's property, usually families break all the relations with daughter. It was observed that women do not demand share in the ancestral property from parents and in addition to that parents promise the daughter to look after her needs lifelong (in the form of food, clothing) and dowry at the time of marriage.

This is the major reason for the practice of the institution of dowry under Hindu. The system for preference the daughter with handsome dowry seemed to have been introduced to overcome the restriction imposed by MITAKSHARA LAW.

Dowry among Indian Muslims is a recent development by imitation of Hindu practices and adoption of hedonistic and consumerist culture. Many Muslim countries adopted the practice of dowry from the Indian culture. It was presumed that Muslims don't practice the institution of dowry but in current scenario, Muslim women are also victims of dowry although only few cases were reported.

Pakistan adopted the dowry from Indian Culture because before the partition of India and Pakistan, all people were known as Indians. They adopted many things from each other such as the dowry, Basant etc. Because at that time many Muslims and Hindus lived together. Major cause of Muslim practising dowry is that Indian Muslims had not actually follow the Islamic ideals, laws and rituals in their social life. They followed the social practices of India and Indian culture.

Many people confuse about the concept of Dowry and Mahr in Muslim law. Islam promoted Mahr instead of Dower because it permitted multiple marriages. Islam introduced the concept of Mahr to protect the rights and interest of women.

According to Quran, Muslim grooms are not allowed to demand dowry from bride's family. MAHR is the payment made by the groom to bride for sustenance after divorce. Mahr is meant to show how much her husband cares about his wife, and is willing to commit to her. Mahr serves as a safety net for the bride in case of divorce by her husband and leaving her with no form of income or provisions to care for herself.

Mahr serves as a measure of the woman's social standing Whereas dowry is the payment made by the bride's family to the groom or his family. Mahr is the Arabic of Dowry. It is the reverse system of the institution of dowry in which husband gifts the girl some valuable articles in form of cash. In dowry, there is burden on the bride's family but in Mahr there is no obligation or the burden on the man, he can give whatever he can afford and the women is supposed to happily accepts whatever she gets.

In Quran, Dowry (Mahr) is the pre-requisite for marriage (NIKAH). MAHR is obligatory because In Quran it is called as FAREEDAH which menas it is obligation of Muslim men to pay money to their wives in happily manner. But at present, Mahr is considered as dowry because both dowry and Mahr is paid for woman's well -being and safety. The institution of dowry in Muslims is strongly influenced by Indian culture and tradition. Like in Hinduism, there are also events and occasions under Islam like EID, MOHARRAM in which various valuable things are demanded from bride's family.

Problems In Eradicating The Institution Of Dowry In India

There are different viewpoints of the institution of dowry. It includes what is given to bride or groom before at the time of marriage, what is given to the bride-in laws or her husband's family. By considering the current scenario, dowry is legitimized in a way that the groom's family does not make demands but the bride's family make payment of dowry because the parents of bride thought it was their obligation or responsibility, or in other means it was implied that without making demands by groom's family, the bride's family pays dowry in the form of cash, furniture and other articles.

One of the major object of dowry being still practised in India despite of rules and regulations because society considered this institution as a matter of social status and prestige. If we closely look at Dowry Prohibition Act, 1960 it has rather narrow definition of dowry that excludes any voluntary gifts when no demands were made by groom's side. This action has given rise to a whole new vernacular when it comes to stating dowry demands without explicitly stating them. It helps the groom's family to escape from law provisions and on the other hand they also receive dowry.

On the contrary, there are research studies that indicate the positive relationship between how qualified a woman is and the institution of dowry. Higher the salary and more economically independent the women, lesser the price (women recognized as an asset to the groom's family. After marriage the remuneration and salary of bride belongs to the groom's family. It has been reported that in these cases the amount of dowry demanded may be less. The education of women leads to another problem, when a woman is more educated; the search for groom as qualified to her than she intensifies. As a result, demand for such grooms in the marriage market is high, leading to their PRICES GOING HIGHER. This is the new problem in the current scenario.

Islamic Dowry In Modern Time

Institution of Dowry is not followed in Islam but it is practiced among Muslims. Dowry in Islamic marriage could be in terms of Gold ,Cash or any type of ornaments. In the modern time ,they believed that if marriage is performed with heavy dowry than status of these types of marriages will be high.Without Dowry,there is fear in mind of Daughter parents and their families.
It is common in Muslim religion to married with their cousins and family members but in modern time ,system of marriage with cousins and family members is not prevalent due to Dowry.It is not prevalent because they can not demand heavy dowry from their close family members.

In Modern time,Dowry is regarded as necessary and important part of Islamic Marriage.Daughter parents and their families feared that if they will not give dowry ,than their daughter will be beaten and harassed by husband and his family members.This type of fear in society created Dowry as a source of prestige,reputation and honour.It is supposed that if high dowry will be given to husband family then daughter will be happy and will be given more respect to her in society.

According to many Muslim scholars and Muslim texts ,Dowry in Muslim marriage should be given according to Financial capability or capacity of father and their family but this is necessary and important part of Islamic marriage to give dowry.

Laws Relating To Dowry In Muslim Religion

Dowry in Muslim Religion is governed by many laws which are given in following manner:

  1. The Muslim Personal Law (Shariat) Application Act,1937
    This Law Deals With matters of Muslim Religion such as Marriage, Charities, Inheritance ,succession etc.
  2. The Dissolution of Muslim Marriage Act,1939

    This Law deals with Muslim Divorce procedures. In other means this Law talks about a situations in which Muslim Women can take Divorce.
  3. The Muslim Women (Protection of Right on Divorce) Act,1986

    This is important act of Muslim religion. This Law talks about rights of Muslim women who have been divorced .MAHR is also defined in Muslim Women Act,1986.This Act majorly focuses on Muslim Women rights such as maintenance, section relating to Divorce and contain all provisions relating to Dowry.
  4. Section 125 of C.R.P.C.,1973
    This Section generally not solve the problem of MAHR or Dowry but only deals with matters of Divorce rights and protection in cases of Divorce. This Section emphasize on maintenance of Wives, children and parents.It gives rights to those who are unable to maintain themselves, who are unable to maintain due to physical or mental abnormality.
Case Laws:
There are important case laws regarding to Dowry in Muslim religion:
  1. Hamira Bibi vs. Zubaida Bibi (1916)- In this case it is observed by the court that if husband does not pay mahr or Dower to his wife then wife has a debt on Husband property.In other means if husband do not pay mahr due to any reason then women have a right to recover her husband property or money by his family members or guardians of husband.This is a very important case relating to mahr or dower in Muslim religion.[5]
  2. Maina Bibi vs. Chaudhri Vakil Ahmed- In this case it is observed by the court that after the death of husband ,all the debt which is due by her husband will be paid later .Wife has 1st right on property of her husband ,All other persons debt will be paid later after the recovering of mahr.She have full right to recover her money (mahr or dower) from Husband property.

Apart From these laws of Indian Legislations, there are Muslim text laws which are given:
  1. Shia Law:

    According to this law,there is no obligations to be fulfilled regarding Mahr. If husband is died without giving dower to his wife than women does not have any right for recovering her due amount (In Islam ,It is regarded as Mahr). There is no due left on the part of husband. According to this law, Marriage can be valid or reasonable without deciding any Dower .In this law, Dower limit is not fixed,but proper dower can not be exceed by 500 Dirhams.
  2. Sunni Law:

    This law is directly opposite of shia law. According to this law, marriage will be void if agreement of dower is not formed at the time of marriage. In this law,it is defined that if husband dies without giving any amount to his wife than wife have a right to recover her money either by his property or by his guardians .There is always debt to be left on the part of husband.

In this article, we discussed many aspect of Dowry in Islamic marriage such as Origin of Dowry in Islam, Islamic Dowry in Modern time ,Law relating to Dowry in Islam religion, Nature of Islamic marriage etc.. Covering of of these topics in detailed manner, it conclude that as a part of economic, religious and ritual value ,Dowry has been made a important and necessary part of Islamic religion. Dowry have become a source of honour, respect and esteem in society. Amount be given as a Dowry in Islamic marriage has been made as a valuable and reputable source in society.

Due to Dowry, Islamic marriages in modern time have create a many problems in society. parents feared that if they will not give heavy dowry in daughter marriage then their daughter will be beaten and harassed and sent back them to their parents house.These type of custom or norms should not be prevalent in society. If dowry is regarded as a source of esteem or honour in society than it should be given according to financial and economic capacity of parents ,not by any pressure or coercive means. Many laws have been made in india regarding prohibition of Dowry but they could not give any effective outcome. Strict laws should be made by government for complete prohibition of Dowry.

References & Bibliographies
  1. Ameer Ali, Mahomedan Law, Students 7th Ed,,97
  2. GradesFixer. (2019, January, 15) Dowry system in India. Retrived June 18, 2020, from
  3. Dowry among Indian Muslims: ideals and practices,Abdul Waheed, Indian Journal of Gender Studies 16 (1), 47-75, 2009
  4. The economics of dowry and brideprice, Siwan Anderson, Journal of Economic Perspectives 21 (4), 151-174, 2007
  5. http/knowledge/dowry-systems://
  7. Abdul Kadir V Salima, (1886) 8 Allahabad, 144 at p 154
  13. Dowry Death: A Violation of the Right to Life Under Article Six of the International Covenant on Civil and Political Rights (AK Carlson-Whitley - U. Puget Sound L. Rev., 1993 � HeinOnline)
  17. Sexual ethics and Islam: feminist reflections on Qur'an, hadith, and jurisprudence(K Ali - 2016 -
  1. Maina Bibi vs. Zubaida Bibi,ILR(1916)
  2. Section 125 of C.R.PC.,1973
  3. Kadir Case)
  4. India Kanoon .org(Shamim Ara Case,2002)
  5. Bibi Case,1916)
Written By:
  1. Ritik Jain and
  2. Gunjan Aggrawal

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