MUHAMMAD QAYYUM ANJUM vs ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH Dower — 2022 MLD 416 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 416 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD QAYYUM ANJUM vs ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH Dower
Subject matter: Family

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD QAYYUM ANJUM VS ADDITIONAL DISTRICT JUDGE, MUZAFFARGARH Dower---Scope---Dower is an obligation under Holy Quran and Ahadith---Such is the amount of some monetary value to be paid by the husband to the wife at the time of marriage, part of which can be delayed or deferred according to what has been agreed between them---Specified Mahr is Mahr Musamma and unspecified is (Mahr al-Mithl)---When the dower is unspecified, it will still be an obligation and the law will award it on the demand of the wife and in such case, the amount will be determined keeping in view factors such as dower of the females of her class or of her father's family, the financial position of the groom, the social status of the bride, the prevalent custom of the time and place and the agreement that the bride and the groom can reach over the amount---Dower can also be prompt (Mu'ajjal) or deferred (Ghair Muajjal or Muwajjal)---Prompt dower is to be paid either at the time of marriage or on demand whereas deferred dower is to be paid at such date or time as may be mutually agreed between the parties and in the absence of the same, it is to be paid at the dissolution of marriage---Under Shariah there is no specification as to the nature, scope and extent of dower to be given---Holy Prophet P.B.U.H said to a man, "marry, even with (a Mahr equal to) an iron ring."---No upper limit for the fixation of dower exists in Islam---Inherent idea behind dower is that it is an obligation imposed upon the husband.

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