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