Monday, March 11, 2019

Dower and Dowry Confusion

Dower and circumstances mental confusion The servingy is a sum of money or other seat which becomes payable by the economize to the wife as an effect of unification1. On the other hand, Dowry is a transaction between two parties involving cash, or other valuable articles such as precious metals, gems, clothing, appliances, real estate, or goods for entertainment, made as a condition for entering a marriage contract2. The helping system is not recognised in the religion or the right of the Muslim societies but has spread into it. 3 Conversely, Islamic law provides endue to enhance the status of women4. It is of the essence(p) to note that until now authors confuse dower with destiny. Perhaps the aspect of womens property or stridhanam in Hindu law and dower as the goop property of the wife are seen as synonymous. When dowry is regarded as stridhanam or pre-mortem inheritance for women, contradictions arise and the equation of dowry with stridhanam has been disputed by se veral authors.They argue that the situation is absolutely reverse, as dowry is not a gift to the wife or her exclusive property but the property of her in-laws. 5 Islam has legislated the giving of the dower by the husband to the wife in order to please the womans titty and to honour her. It is also meant to bring an end to what was done in the age of Ignorance wherein she was wronged, exploited, despised and robbed of her wealth. The dower is a right exclusively for the wife. It is her possession and no(prenominal) of her guardians or relatives may share every part of it6.No one has any power over her concerning how she wishes to dispose of it, as long as she does so in a legally acceptable manner. She may violate it absent as a gift, she may lend it to others or she may give it in charity or do any other permissible acts she wishes with it7. But dowry is totally different. At times people mobilize that dower is some sort of acronym of dowry, which is literally incorrect. Do wer is the money nonrecreational by the groom to his bride while dowry is trousseau, gift of money or valuables given by the brides father to the groom at the time of the marriage.It is important to understand that there is absolutely no similarity between dower and dowry with the former being a legal right and the last mentioned being a custom8. Dowry is predominantly a Hindu tradition carried on after the people of the subcontinent embraced Islam. Women are given the right of inheritance but there is no concept of dowry in Islam. If it was a part of our religion, our Holy Prophet (PBUH) must have granted valuables to his single daughter Fatima on her marriage to Ali. Instead, Ali had to pay for the valima by selling his armour9.This business has intensified to the extent that women in both India and Pakistan commit suicide considering themselves hitch on their families as they cant afford to give heavy dowry or entertain the in-laws years after marriage. At times the girls fa mily pays part of the dowry at the time of the marriage, promising to pay the rest after the marriage. This precondition causes a lot of grief and mistreatment to the girl and her family especially if the payment is delayed10. 1Monsoor, Taslima Gender fair play and economical Empowerment Family Law and Women in Bangladesh. Dhaka, p. 22 2 http//www. indiatogether. org/women/dowry/pledge. htm 3 Sivaramayya, B. Inequalities and the law. New Delhi 1984, p. 66 4 Monsoor, Taslima Gender Equity and Economic Empowerment Family Law and Women in Bangladesh. Dhaka, p. 47 5 Ibid 2 http//www. islamweb. net/emain rapscallion/index. php? page=articles&id=97117 3 Ibid 4 http//jang. com. pk/thenews/feb2007-weekly/you-20-02-2007/ 5 Ibid 6 Ibid

No comments:

Post a Comment