Islam has granted various privileges to both genders who are bound by a marriage contract. Pedentically marriage contract, the Nikkah nama covers Haq Mehar in clauses 13-16 under Pakistani Islamic law. Haq Mehar (Dower) is a mandatory gift given by the husband to the wife. In Surah Al Nisa verses 4, Allah says, “And give the women (on marriage) their Dower as a free gift.”
It is obligatory. No one is exempted from paying Dowery. According to Sunni and Shia Fiqh, Haq Mehar is a monetary amount in the form of cash, gold and property. The Haq Mehar owes no bounds and is not presumed to put pressure on any party. It provides protection to the wife against the arbitrary power of the husband to pronounce a divorce. There are two kinds of Haq Mehar: one is a specified Dower and the other is an un-specified Dower.
Specified Dower is an amount settled by both parties at the time of the marriage contract or afterwards.
The Haq Mehar owes no bounds and is not presumed to put pressure on any party.
The right to decide the Haq Mehar belongs to Muslim females but the amount can be negotiable. Haq Mehar is classified into two types: “Mu-ajjal” Mehar prompt is payable at the happening of Nikkah. “Muwajjal” or Deferred is payable on the dissolution of marriage; either death or divorce. When the Haq Mehar is unspecified, the Muslim Family Laws Ordinance 1961 Section 10 of Dowery directs that if no detail about the mode of payment of the Dower is specified in nikkahnama or the marriage contract, the entire amount of Haq Mehar shall be presumed to be payable on demand. The amount of Haq Mehar is likely to be fixed by observing the customs, social position of husbands and financial status of women’s fathers. but the situation prevailing in our society is contrary. Most of the marriage matter goes into imbroglio later on when parents at the time of marriage attempt to devout claim that they are willing to fix their Haq Mehar according to sharia.
Sharia has not established or recommended any Specified amount that could be referred to as Sharia Mehar.
It remains the liability on the husband throughout his life and if he dies his heir inherits this debt but our deteriorating judicial system does not vindicate marginalized groups, particularly women, even for their genuine right of Haq Mehar stipulated by religion and the constitution. In Islam, marriage represents a system that promotes love and respect.
In Sunni Fiqh, it is unanimously agreed that the whole Dower shall become due to the wife on the assurance of either of two events. First, at the actual consummation of marriage. Second, the death of either spouse before consummation from the husband after deducting his share. Personal services are not the subject matter as per Sunni law but Shia law recognises personal services or promises to be performed by the husband for a specified period may be regarded as Dower. Federal Shariat Court ruled that any woman who obtained a divorce on the basis of “khula” would have to give up all of Haq Mehar. For asking for maintenance, the limitation period is three years in case of dissolution of marriage.
The writer is a lawyer.