Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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Dower is generally divided into two parts, termed muʿajjal, “prompt,” and muʾajjal, “deferred.” The muʿajjal portion is exigible on entering into the contract, while the muʾajjal part of the dower is payable upon dissolution of the contract. Although the first part is payable, and is sometimes paid, at the time the contract is entered into, yet it has been the general practice (at least in India) to leave it unpaid, and so like an on-demand obligation it remains due at all times—the wife’s right to the same not being extinguished by lapse of time. The wife’s (or her guardian’s) object in leaving the exigible part of the dower unrealised, seems to be that there may always exist a valid guarantee for the good treatment of her by her husband. The women of the respectable classes reserve their right and power to demand their exigible dowers till such time as occasion should require the exercise thereof. The custom of fixing heavy dowers, generally beyond the husband’s means, especially in India, seems to be based upon the intention of checking the husband from ill-treating his wife, and, above all, from his marrying another woman, as also from wrongfully or causelessly divorcing the former. For in the case of divorce the woman can demand the full payment of the dower. In the event of the death of the husband, the payment of the dower has the first claim on the estate after funeral expenses; the law regarding it as a just debt. (Tagore Law Lectures, 1873, p. 341; Hidāyah, vol. i. p. 122.)