deferred dower
Mahr may be prompt (muajjal), payable on demand, or deferred (muwajjal), payable when the marriage is dissolved by death or divorce, or on any event agreed upon. If the contract does not say which, the Hanafi view is that it is decided by custom; Shia law presumes the whole to be prompt.
The wife may refuse cohabitation until prompt dower is paid, but not for deferred dower, which becomes due only on dissolution. Unpaid dower is a debt against the husband's estate; a widow in lawful possession of his property may retain it until the dower is paid (the widow's right of retention). She may also relinquish dower, if done freely.
Example
On the husband's death the widow claimed the deferred dower as a debt against the estate and kept possession of the house until it was paid.
See also
Read more in the study notes
- Dower (mahr) (Family Law II - Mohammedan Law)
- Iddat and the legal effects of divorce (Family Law II - Mohammedan Law)
- Muslim marriage (nikah, mehr, talaq) and Christian marriage (Sociology - Indian Society Continuity and Change)