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Rights of a Muslim Wife

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Contributor: Barrister Marium Waqar The aim of this brief write-up is to clarify some common misconceptions by highlighting the economic right of a Muslim wife to dower (mahr) and maintenance (nafaqa) , differentiate it from the evil of dowry (jahez) and shed light on delegated right of divorce (talaq-i-tafwiz) . The dower (mahr) Dower is mentioned in the Quran and is in essence “a sum of money or other property which becomes payable by the husband to the wife as an effect of marriage” . Anything lawful may stipulated as dower. It is important to differentiate dowry and dower as two distinct concepts from the outset. Dowry is merely a part of customary traditions. Dowry passes from the woman’s side to the man’s side. Whereas, dower is an integral part of Muslim matrimonial law designed to protect the woman. Dowry payments have been outlawed and criminalised in South Asia. Right of dower is an absolute right of the wife and cannot be discharged even if parties deci...