RIGHT TO DOWER OF WOMEN; THE ISLAMIC PERSPECTIVE AND INTERPRETATION

Abstract

The idea of Dower (mahr) is one of the fundamental rights afforded to women under Islamic law, ensuring spiritual and constitutional right of women. This paper evaluates the concept of dower from an Islamic perspective, exploring its significance and legitimacy and the insights of classical and postmodern Islamic scientist. It also investigates the essential role of dower in the marriage contract, noting that while the specific amount can be determined by the families involved, Islamic law does not prescribe a fixed quantum. Instead, the amount is often guided by the circumstances of the parties involved or left unspecified in the marriage contract. Islamic jurists provide diverse opinions regarding maximum and minimum amounts given to female counterpart, reflecting diverse interpretations of Islamic teachings.  

This research aims to elucidate the reasons why Islam promotes dower as a woman‟s right, emphasizing that an unpaid dower can invalidate a marriage contract. However, it also critiques the extravagant displays associated with dowry practices in Pakistani society, which can cause financial strain and societal discord. The study concludes by demonstrating how Islam safeguards women‟s rights by ensuring their entitlement to dower.