Statutory Provision and Legal Mechanism in regard to Dower in
Bangladesh perspective
Prepared ByMd:Ashraf uddin
TalukderID:13-1-21-0063Batch:18(B)Program:LL.B(Honours)ASA
University Bangladesh
Supervised ByMr.Jamilur Rahman KhanLecturerDepertment of
LawAssistant ProctorASA University Bangladesh
March 2015
DEPARTMENT OF LAWASA University Bangladesh
Dedication
To the memory of the people who died in the liberation war of
1971 AndIn honour to all of the Freedom fighters of the liberation
war; for whose sacrifice, we have got an independent, sovereign
state, Bangladesh.
Acknowledgments
The author is immensely grateful to all of them who have given
guidance, help and co-operation during the tenure of the study.
Although it is not possible to mention every one by name, it will
be an act of ungratefulness if some names are not mentioned
here.
I would like to acknowledge the untiring inspiration,
encouragement and precise guidance provided by my respected teacher
and Supervisor Mr.Jamilur Rahman KhanLecturer, Department of Law,
ASA University Bangladesh. His constructive criticisms, continuous
supervision and valuable suggestions were helpful in completing the
research and writing the manuscript.
I take the opportunity to express my appreciation and heartiest
thanks to my entire respected teachers of the Department of Law for
their proficient teaching and helpful advice.
Declaration
I do hereby solemnly declare that the work presented in this
thesis has been carried out by me and has not been previously
submitted to any other institution. The work of this dissertation,
presented and submitted by me, does not breach any copyright.I
further undertake to indemnify the University against any loss or
damage arising from any breach of the foregoing obligations.
Md:Ashraf uddin TalukderID No:13-1-21-0063Department of LawASA
University Bangladesh
Certification
This is to certify that the term paper on Statutory Provision
and Legal Mechanism in regard to Dower in Bangladesh perspective is
done by Md:Ashraf uddin Talukder in partial fulfillment of the
requirements for the degree of Bachelor of laws (Honours) from ASA
University Bangladesh. The term paper has been carried out under my
guidance and supervision, and also is a record of the bona fide
work carried out successfully.
Lecturer, Department of LawASA University Bangladesh
Abbreviations
AD Appellate Division.AIR All Indian Reports.AL Awami League.BLD
Bangladesh Legal Decisions.BLT Bangladesh Law Times.BMP Bangladesh
Nationalist Party.CJ Chief Justice.CMLA Chief Martial Law
Administrator.DLR Dhaka Law Reports.HCD High Court Division of the
Supreme Court.MNA Member of National Assembly.MP Member of
Parliament.MPA Member of Provincial Assembly.NAP National Awami
Party.PLD Pakistan Legal Digest.PM Prime Minister.PSC Public
Service Commission.SCC Supreme Court Cases.SPL Special
Litigations.
List of Cases1. Abdul Kadir v.Salima, I.L.R (1886) 8All 149.2.
Hassina Bibi v. Zubaida Bibi, (1916) 43 I.A. 294.3. (Karachi case),
Shah Bano v. Iftekar Mohammed, P.L..D 1956 (P.W). Kar. 363.4. Smt.
Nasra Begum v. Rigwan Ali, AIR 1980 All:119.5. Mst. Razia Akhter v.
Abul Kalam Azad, Family Suit No. 193 of 1989 (Unreported).6. Mst.
Hafeza liihi v. Md. Shafiqul Alam, Family Suit No. 15 of 1989
(Unreported).7. Monawara Begum v. Hannan Hawladar, Family Suit No.
15 of 1989 (Unreported).8. Mst. Roksana Begum v. Md. Abul Khair,
Family Suit No. 96 of 1991 (Unreported).9. Nasima Bilkis v. Md.
Abdus Samad Khan, Family Suit No. 12 of 1992 (Unreported).10. Ms.
Shahida Begum v. Md. Mahbub Hossain, Family Suit No. 112 of 1991
(Unreported).11. Margubater Rouf v. A.T.M. Zahurul Haq Khan, Family
Suit No. 1 of 1992 (Unreported).12. Ambia Khatoon v. Md Yasin
Bepari, Family Suit No. 98 of 1990 (Unreported).
STATUTES
1. The Quran.2. Muslim Family Laws Ordnance, 1961.3. Family
Courts Ordinance, 1985.4. Muslim Marriages and Divorce
(Registration) Act, 1974.5. Muslim Marriages and Divorce
(Registration) Rules, 1975.
ABSTRACTUnder the Muslim Law, dower is a sum of money or other
property which the wife is entitled to receive from her husband in
consideration of the marriage. In this thesis, I have discussed the
concept of dower both under Islamic Sharia Law and under the
different statutory laws of Bangladesh. An attempt has been made to
describe some situations which may affect the Muslim womens right
of dower. In this context, I have examined some cases regarding
dower which clearly show how the Muslim womens right of dower has
been curtailed in practice and prove the patriarchal arbitrariness
of Bangladeshi society. Finally, I have tried to give some
necessary recommendations to improve the existing situation.
Contents of Term Paper
Page
Acknowledgements iii Abbreviations viList of Cases viiList of
Statutes viiiAbstractix
Chapter: OneINTRODUCTION1.1 Definition of Dower or Mahr or
Sadka1.2 Root or Custom of Dower
Chapter: TwoCLASSIFICATION OF DOWER2.1 Specified Dower2.2The
specified dower has been further divided into- 2.3Prompt Dower
(Muajjal Mahr)2.4Deferred Dower
Chapter: ThreeSTANDARD OF DOWER AND CONDITION OR TERMS OF
PAYMENT3.1 Subject matter or object of Dower3.2 Distinction between
Dower & Dowry3.3 Proper dower (mahr-i-mithl)3.4 Contract of
Amount of Dower in Marriage & Contract of Dower made by
Father3.5 Maximum & Minimum Amounts of Dower3.6 Increase or
Decrease of Dower
Chapter: FourNECESSITY & PURPOSE OR INTENTION OF DOWER4.1
Historical Background of Dower4.2 Importance or Purposes of
Dower4.3 Difference between Sunni & Shia Law Regarding Dower4.4
Shia Law4.5 Sunni LawChapter: FiveDIFFERENT SITUATIONS WHICH AFFECT
THE RIGHT OF DOWER IN WOMENS LIFE5.1 Remission of Dower by Wife
5.2 Dower Payable after Consummation of Marriage
5.3 Right of widows about dower
5.4 Effect if there are not paying off dower
5.5 Divorce before Consummation of Marriage
5.6 On account of Dissolution of Marriage5.6.1 Dissolution of
Marriage by Talaq5.6.2 Dissolution of Marriage by Talaq-e-
Tafweed5.6.3 Dissolution of Marriage by khula5.6.4 Dissolution of
Marriage by Mubaraat
Chapter: SixWOMENS RIGHT OF DOWER UNDER ISLAMIC SHARIAH LAW6.1
The Sunnah6.2 Quran
Chapter: SevenLEGAL PROVISION REGARDING DOWER7.1 Muslim The
Family Courts Ordinance, 19857.2 Muslim Marriages and Divorces
(Registration) Act, 19747.3 Muslim Marriages and Divorces
(Registration) Rules, 19757.4 Family Laws Ordinance, 1961Chapter:
EightLEGAL MECHANISM TO RECOVER THE AMOUNT OF DOWER8.1 Suit for
Dower and Limitation8.2 Non-payment of Prompt Dower and Restitution
of Conjugal Right8.3 Liability of Heirs for Dower Debt8.4 No Right
of Widow to alienate Property to satisfy Dower Debt8.5 Widows
Possession no Bar to a Suit for Dower 8.6 Suit for Possession by
Widow who is dispossessed
Chapter: Nine
conclusion
Bibliography