Patna Law Notes

  The Constitution of India guarantees the freedom of conscience and the right to profess, practice, and propagate religion as a fundamental right. The creation and the continued existence of personal laws for respective religious groups have their basis in this fundamental right. As things stand now, with respect to cases arising out of family matters, all persons professing the Muslim faith are governed by Muslim personal law. It consists of provisions regarding marriage, dower, divorce, will, and, maintenance, etc. Under Muslim law, the dower is referred to as ‘Mahr’. It is a stipulated amount that the husband must pay to his wife at the time of marriage. In the following, we will explore the concept of ‘Mahr’ in detail. Historical origins of ‘Mahr’ In pre-Islamic Arabia, the institution of marriage is said to have been chaotic and oppressive to women. Men could denounce their marriages without providing for the maintenance of their wives. Typically, as per the custom of the tim