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Trending: Call for Papers Volume 5 | Issue 3: International Journal of Advanced Legal Research [ISSN: 2582-7340]

CONCEPT OF DOWER IN THE MARRIAGE OF MEOS: AN ANALYSIS WITH REFERENCE TO MEWAT REGION – Dr. Farhana

Mehr is a token of respect which is fixed in the marriages of Meos of Mewat region and has to be paid either in the prompt form or in the deferred form by the husband to the wife and used to be fixed at the time of Nikah. Our Prophet (PBUH) used this concept to ameliorate the position of the wife in Islam. In Islamic concept Mehr belongs absolutely to the wife.

The Dower therefore, is the property which is incumbent on a husband either by reason of its being named in the contract of marriage or by virtue of contract himself. In other words, it is considered a debt which is to be paid in all condition by the husband to his wife during his lifetime. Therefore, the dower is purely in the nature of a marriage settlement. It is a claim arising out of contract by the husband and as such has preference to bequests and inheritance, but on no principle of Mohammedan law it can have priority over other contractual debts.

Islamic concept sought to make dower into a real settlement in favour of a wife, a wide umbrella for a rainy day and ranks as a debt. In old preislamic days it often happened that the Arabs after despoiling their wives turned them out a drifthelpless and without means. So,Islam made it an essential incident of a valid marriage. Therefore, the husband must settle to the wife a certain dower which becomes her absolute property and has to be paid by the husband to his wife until unless he is not exonerated from this liability by the wife herself. The dower is a symbol of respect for the wife and is also act as a sword on the caprice will of the husband.

The Holi Book of Quran provides:

“If you separate yourself from your wives, send them away with generosity; it is not permitted to you to appropriate the goods you have once given to them.” (Quran 2:229). Dower is essentially paid among Muslims. Likewise it is paid among Meos of Mewat region in strict form. With the spread of Islam, there were certain tribes which converted to Islam adopted it. The concept of Dower among Meos is almost the same as explained above. However, the amount of Dower, fixation and payment of Dower, demand of dower and widows right of retention are some of the areas which we find a clear cut deviation among the Meos of Mewat region from Shariya Law. These areas are still controversial and sometimes leads to undesirable and unexpected consequences. But with the passage of time and advancement in the social fabric, the Meos are also now following the principle of Shariya in matter of settlement of dowers.