by Kulcha Hyderabadi » Tue Aug 27, 2002 11:14 am
Neeraj, in order to understand the significance of dower, a look at the Shari\'ah Law regarding conditions of marriage is necessary. In Islam, the groom is supposed to pay a dowry to the bride, not the other way around. So what you see in Asian subcontinent about Muslims grooms demanding dower from bride\'s parents is incorrect. At the same time, Bride\'s parents demanding high dower from prospective Grooms is wrong (current practice in the Gulf Region). Both practices have resulted in a high number of women not being able to get married, social evils, discord among married couples etc. etc.
CONDITIONS OF MARRIAGE (Shariah law)
A)The most essential aspect of the marriage contract is the commitment and acceptance. One party, normally the guardian of the bride, makes the commitment by stating that he marries away the woman on whose behalf he is acting to the prospective husband according to the Islamic way and for a specific dower. The bridegroom declares then his acceptance of that commitment and that he has married the woman according to the terms specified. That constitutes the marriage contract. Both commitment and acceptance must be done in the same session, and should not be separated by other matters.
B)Witnesses must be present at the time of the contract and a minimum of two is required for the purpose. The important aspect is that marriage must be publicized. The minimum publicity is provided by the presence of two witnesses. The witnesses must be present at the time when the commitment and acceptance is made, and they should be sane, adults and must hear the contract being made and understand that it means marriage. Therefore, if a child or a mad or deaf or drunken person witnesses the marriage contract being made, the contract is not valid. The presence of such persons is the same as their absence.
C)The guardian of the woman to be married should also be present. The woman\'s guardian is normally her father. If her father is present, no one other than him may act for her. If he is dead or absent, then one of her closest relatives should act as her guardian, such as her brother, grandfather or uncle.
D)The dower is also an accessory in the marriage contract. It is compensation paid to the bride and it becomes her own property and she disposes of it in the way she likes. Its amount is fixed by agreement between the two partners. If a marriage contract is made without the dower being specified, the contract is valid, but the woman does not forfeit her right to receive a dower. If her husband refuses to give her what she asks, then she can put the case to a Muslim judge who will rule that she must be given the equivalent of what is given by way of dower to women in her social status.
A dower can be a very little amount. At the time of the Prophet, peace be upon him, a woman accepted a pair of shoes as her dower. The Prophet, peace be upon him, asked her whether it was her decision and whether she accepts. She answered in the affirmative and he endorsed the marriage. Another woman came to the Prophet, peace be upon him, and declared that she makes a gift of that herself to the Prophet, peace be upon him. A man asked him to marry her to him. The Prophet, peace be upon him, asked him whether he had anything to give her by way of dower. The man said that he had nothing except his dress. The Prophet, peace be upon him, said that if he were to give her his dress, he will have nothing to wear. The man tried to find something to give her but could come up with nothing. The Prophet, peace be upon him, said, try to find even a ring of iron, but the man could not find anything. The Prophet, peace be upon him, asked him whether he memorized anything of the Qur\'an, the man said he knew several surahs. The Prophet, peace be upon him, allowed the marriage to go through on the condition that the man would teach his wife the parts of the Qur\'an he knew.
Having said that, it may be made clear that there is no maximum limit to what a man may pay his wife by way of dower. The Prophet, peace be upon him, however, has strongly recommended us (brides\' parents) not to demand excessive dowers. He says: \"The best of women are those with pretty faces and cheap dowers.\" There is a strong indication in that Hadith that the dower should never be related to looks. A woman is not a commodity, which a man buys at a price, which takes into consideration how pretty she looks. She is a life partner to him and she gives him a benefit for which she is entitled to have compensation.
When the marriage contract is made, it is recommended, (i.e. Sunnah) for someone, preferably the person who instructs the two parties what to say to make sure of the correctness of the contract, to say a few words, reminding the people who are present of Allah and the need to conduct one\'s life according to Islam. He may quote some verses of the Qur\'an which are suitable for the occasion and remind that they should always remain God-fearing.