Combating Dowry Practices and Ensuring Women's Rights in Islam

By Sahil Razvi, New Age Islam 25 December 2024 Islam Condemns Dowry Demands, Emphasizing Mehr As The Bride’s Right. Neglecting Inheritance Rights And Material Greed Perpetuate Injustice. Society Must Revive Islamic Teachings And Collectively Reject Dowry Practices For A Just And Equitable Community. Main Points: 1. Dowry as Haram: Demanding dowry at any stage of marriage is prohibited in Islam and equates to bribery. Such wealth is unlawful and must be returned. 2. Significance of Mehr: Islam emphasizes Mehr as the bride’s right, contrasting with oppressive dowry practices. 3. Greed and Ignorance: Dowry demands stem from materialism and ignorance of Islamic principles, leading to societal oppression. 4. Inheritance Rights: Neglecting daughters' rightful share in inheritance contradicts Islamic teachings and fosters injustice. 5. Community Responsibility: Religious leaders and communities must reject dowry demands and uphold Islamic values for societal reform. ----- (From Files) ----- In recent years, a dangerous trend has been observed among Muslims, where a fixed amount of dowry is demanded at the time of marriage. For instance, conditions are imposed, such as giving ten thousand rupees in cash, a motorcycle, a watch, and sometimes even a bicycle for the groom's father. If the bride's family agrees to these conditions, the marriage is finalized; otherwise, the proposal is cancelled. In some cases, even after the marriage is fixed, if the bride's family falls short of the agreed dowry, conflicts arise. They are defamed, and in extreme cases, the wedding procession (Baraat) is turned back. Moreover, in some instances, the bride is not allowed to enter the groom’s house unless the complete dowry is delivered. Is this practice acceptable from an Islamic perspective? In response to this question, Mufti Shareef-ul-Haq Amjadi writes: Demanding a fixed dowry at the time of marriage, asking for dowry after marriage, or making dowry a condition of the marriage is strictly haram (prohibited). It is akin to bribery. The wealth acquired in this manner is haram and must be returned. Using such dowry is also prohibited. Islamic jurisprudence explicitly states: "The wealth taken from a woman in exchange for marriage is unlawful. No compensation can be imposed on the woman in a marriage. If the woman or her family offers any wealth, it is also unlawful." This explanation in Islamic jurisprudence clarifies that no financial burden can be placed on the woman in a marriage. Even if a marriage is solemnized without specifying a Mehr (dower), it is obligatory (Wajib) to give the Mehr. If it is stipulated that no Mehr will be given, Mahr-E-Mithl (customary dower) becomes mandatory. It is stated in Durr-e-Mukhtar: "If no Mehr is specified or mentioned, or if the condition of not having Mehr is agreed upon, Mahr-E-Mithl Is Wajib. Even if consummation occurs or the husband passes away, the Mehr must be given. However, if both parties mutually agree upon a specific amount, that amount will be obligatory." (From Files) ---- Why the Greed for Dowry? It is essential to reflect on how the greedy tendencies and oppressive behavior of men and families, who torment women over insufficient dowries, have emerged. What are the causes and factors behind this? In simple terms, it can be said that this greed stems from an excessive attachment to worldly desires, and the oppressive audacity results from a lack of connection with religion and ignorance of its true principles. In fact, this obsessive materialism and insatiable love for worldly possessions are also outcomes of distancing oneself from faith and its teachings. Islam, like any just system, permits individuals to earn as much wealth as they can through their efforts and hard work. However, the desire to unlawfully seize others’ wealth is not only condemnable but also a reflection of a morally depraved mindset. A person who purifies themselves from such tendencies can never covet someone else’s property or wealth. Therefore, it is imperative for society to return to its moral and religious foundations. Only a proper understanding of religion and adherence to its teachings can curb such greed and oppression. Furthermore, families must instill values in their children that encourage them to work hard and earn their livelihood honestly while respecting the rights of others. The menace of dowry will only end when society collectively rejects this practice and commits to following the righteous path illuminated by faith. The Duty of Religious Muslims Those who are devout Muslims and possess a sense of community and responsibility must take a stand against this dowry curse. It is their duty to prevent this evil from spreading in society. If counselling and persuasion do not work, they should adopt stricter measures. If this evil is curbed in its early stages, it can be eradicated. Otherwise, it will become increasingly difficult to stop. Social boycott should be imposed on those who are greedy and shameless enough to ignore these warnings. Religious scholars and Nikah officiants should refuse to conduct marriages where it is known that dowry has been demanded in exchange for the groom. For a small amount of personal gain, they should not contribute to the destruction of the community. If strict measures are taken in ten to twenty cases, this evil is likely to be eliminated from Muslim society. Learning from non-Muslims, many Muslims have now adopted the practice of giving excessive dowries. This has made it extremely difficult for families to marry off their daughters. Meanwhile, the Islamic perspective on Mehr, which is the right of the bride, is being ignored. To provide clarity, we present details of the Mehr and dowry of Umm-ul-Momineen Hazrat Syeda Fatima (RA). Muslims should reflect upon this and, with Allah’s guidance, strive to follow it. Every Muslim must take this moment to understand the Islamic perspective on Mehr and dowry. It is crucial to comprehend the significance of Mehr in Islam and the rightful place of dowry. At the time of Hazrat Ali (RA) and Hazrat Fatima (RA)’s marriage, Hazrat Ali was financially constrained and owned nothing but a shield. This shield was gifted to him by the Prophet Muhammad during the Battle of Badr. Despite this, the ‘Mehr’ was agreed upon, and the marriage took place. In today’s times, irrespective of the groom or bride's status, the Mehr is often fixed at just 251 rupees. This practice is equivalent to oppression against women. Muslims must reassess their approach to Mehr and dowry matters in light of Shariah and take appropriate steps. This is essential for the betterment of society and the community at large. Another Important Aspect It is essential to point out another crucial issue here: while the practice of dowry continues to grow, giving daughters their rightful share in inheritance—especially in their father's property—is being increasingly neglected. This is an absolute and mandatory right. Even if sisters voluntarily forgo their share and leave it with their brothers, their right does not cease to exist. Sisters or their heirs can claim it at any point in time. However, the reality is that if a sister demands her rightful share or receives it, she is often treated as an outsider, as if she no longer belongs to the family. Brothers perceive it as if they have been robbed of something significant. This mindset has crept into our society by imitating non-Islamic practices, which are entirely contrary to Islamic teachings. Consider this: when two brothers claim their respective shares, their mutual brotherly relationships remain unaffected. But if a sister claims her rightful share, why is she considered an outsider? (Remember, according to Islamic law, a sister’s share is half that of a brother’s.) It must be noted that if the inheritance is divided and the sister is given her rightful share, whether she keeps it for herself or hands it back to her brothers, the brothers have fulfilled their duty and are free of responsibility. However, if the property is not divided, and the sister explicitly states that she is relinquishing her share, even then, her right does not end, and the brothers remain accountable until the division is made. Instead of overindulging in the practice of dowry, there is an urgent need to revive this critical obligation. While this topic merits detailed discussion, implementing even this much understanding would be a significant step forward. ---- A regular contributor to New Age Islam, Sahil Razvi is a research scholar specialising in Sufism and Islamic History. He is an alumnus of Jamia Millia Islamia. URL: https://www.newageislam.com/islam-women-feminism/combating-dowry-women-rights/d/134131 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism