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deferred dower

Arabic/Persian · Family and succession

Meaning. The part of a Muslim wife's mahr (dower) payable on dissolution of marriage by death or divorce.

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

divorce · distant kindred

Read more in the study notes

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