Islamic Legal Maxims Related to Dower: An Applied and Jurisprudential Study

القواعد الفقهية المتعلقة بالصداق: دراسة فقهية تطبيقية

Abstract

Factually, Shariah (Islamic law) has met the requirements of life in every age and time, as every aspect of human-life is governed by the Quranic text and Prophetic tradition(s). Although, in case of non-availability of an explicit or implied text in a particular issue Muslim scholars resort to other legal sources for derivation of a rule. Since, divine laws (Shariah law) has converse for the reason to shine human society with its light so that the path of happiness may be illuminated. One of the instances of Shariah law that establishes mankind instinct is the concept of wedlock; the prime cause of preservation and procreation of human race. Legitimately, for achieving this instinct, the dower is a prerequisite in the contract of nikh (marriage) in order to preserve wife’s dignity, honor and protect her face/chastity value. Undoubtedly, it is worth mentioning that, women in all epochs, prior to Islam, were humiliating disgrace. But, nevertheless, Islam has restored their dignity, honor and prestige in various recognized statuses as a mother, sister and wife etc. Similarly, in the contract of nikh, Shariah law binds the spouse to give his partner (wife) something out of money or property; as a dower for intimate and lawful gratification. However, various questions arise when nikh took place without pronouncing a dower, or left un-fixed or un-known to the contractual parties. Interestingly, looking towards the Islamic lit we can find that, to some scholars’ dowry was just an amount given to the partner without caring other effectual connotations. Questionably, what would be the legal effects if incase the husband is delinquent, corrupt, usurped and otherwise? Correspondingly, many other inter-related issues, such as if a spouse die before fixing the dower, needs thorough deliberation as per Islamic jurisprudence. Therefore, this study is designed to articulate all these issues systematically. Since, in the contemporary times it is one of the more important issues as many negating the availability of dowry rules in Islamic law, while some deems it mere an element in the nikh contract. Consequently, the study asserted that the notion of dower is directly/explicitly mentioned in the text of holy Quran and Prophetic Sunnah. Hence, in the contract of nikh, parties are obligated to comply with the established Shariah rules in order to avoid any ambiguity and litigation.