Dower in Muslim Marriage: In Search for Its Raison D’être

Abstract

Dower is one of the legal consequences of Muslim marriage. But why is dower payable by the husband to the wife? In the backdrop of this question, the paper aims to search for the raison d’être of dower. In this author’s view, the previous explanations of dower, such as consideration of marriage, condition for validity of marriage, dower as a gift, dower as a token of respect to the wife, etc., are neither accurate nor adequate. The holy Qur’an is silent regarding the exact reasoning behind the concept of dower. As a consequence of Qur’anic silence, the real reason for the provision of dower remains somewhat obscure. However, as opposed to the above-mentioned traditional explanations, this paper advocates for a financial approach to dower. The financial aspects of dower have not been adequately addressed so far. The paper aims to fill this vacuum. Viewed from a financial perspective, the criteria to determine the amount of dower, the extent to which a husband’s financial means should be taken into consideration in fixing the amount of dower, and whether excessive dower may be fixed to secure wives’ financial interest, are some of the significant issues that are addressed in this paper. It may be of help for the courts to deal more efficiently with any dower dispute between the parties. Furthermore, any Muslim male or female reader can be more cautious and conscious to decide on dower at the time of entering into his/her marriage contract.

Dhaka University Law Journal, 2026, 37 (1), 99-131