Marriage, Dowry and Equality under Islamic Law

So many traditions and beliefs govern the institution of marriage. In India, religious beliefs play a stronger role because each community is governed by personal laws stemming from these beliefs. Inheritance and succession in every Indian family is governed by these personal laws.

Husband and Wife are Equals Marriage, Dowry and Equality under Islamic Law

There has been considerable debate as to whether Islamic law treats women equally. Much has been written about this. The Quran makes no distinction between men and women. It states that both are considered equals in the eyes of Allah. The Prophet is believed to have stated, “Men and women are twin halves of each other."

Marriage as a Contract

Talking about Islamic tradition, marriage is regarded as a contract. Under Islamic law, it is considered as a civil agreement that legitimizes sexual relations between a man and a woman so that their offspring have legal status. Both the individuals have rights and these rights are differentiated on the basis of gender. The underlying thread of this social contract is that the parties will live together with mutual respect and treat each other responsibly.

Dowry for the Wife

Dowry deaths and dowry demands have plagued the Indian society since time immemorial. Nearly every day, you can find at least one alleged incident or case pertaining to dowry death in India. However, in Muslim law, the husband must provide a dowry to the wife and in return, gains ownership over their relationship.

Much as it may seem like an arbitrary ownership, Islamic law pays respect to a woman by making the husband pay dowry.

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Since many seem to have compared the concept of Mehar to buying a women, I would like to provide some clarification from my limited understanding of the matter. First of all the ownership of the property given as Mehar goes to the women itself and not to her father/guardian. Secondly,for the contract of marriage is valid with the consent of the woman herself. Therefore it is not as if Mehar is in exchange for the woman, but it is provided for future financial security for the woman.

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