Mahr or Dower could be a total of cash or different property to be paid or delivered to the wife. it’s either fixed or unspecified however in either case, the law confers a compulsory right of Mahr or Dower on wife. The Mahr (Dower) belongs to wife and she can deal with it in the manner she likes it and neither her husband nor husband’s relations nor even her relations can dictate her in matter of using the Mahr money or property. No doubt, Mahr was originally analogous to sale price,but since the inception of Islam, it is hardly correct to regard it as the price of sexual intercourse.

Muslim marriage is like a contract where wife is the property and Mahr is the price or consideration. However, it is also true that non-payment of Mahr does not void the marriage, so Mahr is not purely a consideration. In pre-Islamic Arbia, Sadqua was a gift to wife but Mahr was paid to the wife’s father and could therefore, be regarded as sale-price

Mahr or Dower has to be given to wife however she is vested with discretion to remit it. Mahr is non-refundable even after divorce (unless she remits it at her sole discretion) and it becomes the property of wife in perpetuity. Payment of Mahr is mandatory even if marriage is not consummated. But in that case, Mahr is half of the amount of consideration. In a way, Mahr provides a check on the capricious exercise by the husband of his almost unlimited power of divorce.
Mahr amount : Differes from one sect to another like under Hanafi Law – 10 Dirhams, Malaki Law – 3 Dirhams, hariya Law etc. The Mahr paid by Prophet for his favourite daughter Fatima, wife of Ali was 500 Dirhams. A dirham (derived from the Greek) is the name of Silver coin of 2.97 grams in weight. However, it would be a sad mistake to lay too great stress upon the monetary value of the Mahr amount. It is said that in the case of an extremely poor man, the Prophet requested him to teach the Quran to his wife. It is said in one Hedaya that the payment of Mahr is enjoined by the law merely as a token of respect for the woman. No maximum amount of dower is prescribed, even though the husband is not capable can fix higher amount of dower but his parents are not liable to pay the same in case he fails to pay. Mahrnama may be executed but is not necessary.

Types of Dower :

Specied dower (mahrul-musamma) : The Mahr is usually paid at the time of marriage but it can also paid after the marriage. Mahr paid by the father on behalf of his minor son is binding on the minor son on his majority.

There are two sub-types of Specified dower as – Prompt (muajjal) and deferred (muvajjal) Mahr
i. A technical term for Prompt is Muajjal and for Deferred is Muvajjal. The term Muajjal is derived from a root meaning ‘hasten’, ‘to proceed’ whereas the term Muvajjal is derived from the root meaning ‘delayed’ or ‘deferred.’
ii. The prompt dower is payable immediately after the marriage but the deferred Dower becomes payable either on the dissolution of the marriage or on the happening of a specified event. When dower is paid, it is usual to split it into two equal parts, one part is paid at once or on demand and the other on the death of the husband or on divorce or on the happening of some specified event. In Ithna Ashari Law, the presumption is that the whole of the dower is prompt but in Hanafi Law, the position is different.
iii. Ideally and usually, the whole Mahr is required to be promptly awarded but in earlier case, the Full Bench held that the usage (custom) of the wife’s family is the main consideration and in absence of proof of custom, the presumption is that one half is prompt. However, the proportion may be changed to suit particular cases.
iv. Wife can deny to perform conjugal rights if prompt dower is not paid and also the husband can’t restrict wife’s movement till the payment.
B. Unspecied or Proper dower (mahrul misal) :
The obligation to pay dower is a legal responsibility on the part of the husband and is not dependent upon any contract between the parties. Hence, the husband’s liable to pay Mahr even if it is not specified. The only question would be the quantum. If no Mahr is paid, wife will be entitled to receive the amount which is customary in the community or in
respective society or what is proper in each individual case. What is proper dower in each individual case will be determined as under –
i. With reference to the social position of her father’s family.
ii. Her own personal qualifications.
iii. Social position of the husband. But the means of husband are of little account.

iv. Her age, beauty, fortune, understanding and virtues

v. Mahr paid earlier in the family (i.e., Mahr paid for father, brother, uncle, sister etc.of the wife’s family).

Maina Bibi v. Vakil Ahmad (1924)52 IA 145 – In 1902, a possession suit was brought against Maina bibi who hold suit property to recover her dower amount, Court therein ordered to pay her dower amount first with interest. But till the payment she made gift of that property and the same is challenged in the present case. The Privy Council held that Mainabibi can’t transfer that property but she can only hold the property till the satisfaction of her dower amount.

Dower is a debt but not a secured debt, only a thing is that wife became first among other creditors. Wife/divorcee /widow can recover dower from husband or from his estate when he is dead. In case of her death, her hiers can also inherit the right to recover that dower.
Period of limitation to recover dower is — 1. 3 years from dissolution of marriage or death of husband 2. in case of right of retention, till the amount is satisfied.Suit for recovery of dower amount is maintainable under Sec.3 of the Muslim Women
(Protection on Divorce)Act, 1986 before the Magistrate.