Dower (mahr) is a mandatory payment from the husband to the wife under Islamic law, specified in the marriage contract (nikah nama). It is the wife's absolute right and cannot be waived without her free consent. If the husband fails to pay the dower, the wife has a legal right to file a suit for recovery of dower before the Family Court. TRW — Tahmidur Rahman Remura Wahid Law Associates handles dower recovery cases with expertise in Islamic family law.
Legal Basis for Dower Recovery
Dower recovery is governed by the Family Courts Ordinance 1985 and the principles of Islamic law as applied by Bangladesh courts. The Family Court has exclusive jurisdiction over dower recovery suits. The wife is entitled to recover both the prompt dower (mu'ajjal) — payable on demand — and the deferred dower (mu'wajjal) — payable on dissolution of marriage or death of the husband.
The wife can refuse to cohabit with the husband until the prompt dower is paid. After divorce or the husband's death, the deferred dower becomes immediately payable. TRW advises on the type of dower specified in the nikah nama and the appropriate legal strategy for recovery.
The Dower Recovery Process
The dower recovery process involves the following steps. TRW files a suit for recovery of dower before the Family Court, supported by the nikah nama and other evidence of the marriage and the agreed dower amount. The court issues summons to the husband. TRW argues the case before the Family Court. The court passes a decree for recovery of the dower amount. TRW enforces the decree through execution proceedings if the husband fails to pay voluntarily.
Dower as a Defence to Divorce
In some cases, the wife's right to dower can be used as a defence in divorce proceedings. If the husband seeks to divorce the wife without paying the dower, the wife can raise the unpaid dower as a ground for resisting the divorce or for obtaining a better financial settlement. TRW advises on the strategic use of dower rights in divorce proceedings.
How Barrister Remura Meheruba Mahbub Can Help
Barrister Remura Meheruba Mahbub specialises in family law and handles dower recovery cases. Contact TRW at https://tahmidurrahman.com/contact/.
Frequently Asked Questions
Q: Can I recover dower even after divorce?
A: Yes. The deferred dower is payable on dissolution of marriage, including divorce.
Q: What if the nikah nama does not specify the dower amount?
A: If the dower amount is not specified, the court will determine a proper dower (mahr al-mithl) based on the wife's social status and the dower of similar women in her family.
Q: Is dower taxable in Bangladesh?
A: No. Dower is not taxable income.
