According to family law in Bangladesh, the Muslim Family Law Ordinance, 1961 plays a significant role in safeguarding the rights of Muslim women in Bangladesh. Dower is a personal right of a woman that is entitled to her in marriage under Islam as well as enacted by Muslim Family Laws in Bangladesh. Firstly, Surah al-Nisā, 4: 4 and 4:24 of the Holy al-Qur’an clearly mentioned about the importance of Dower. The Prophet Muhammad (sm) mentioned that Mahr or dower is a right of the woman which is to be given by the man is available in the sunnah. If any husband denies providing dower and maintenance, wife has the right to file suits in the family court.
Section 10 of the Muslim Family Law Ordinance, 1961 says that if the payment mode of dower is not written in details in the Nikahnama or marriage contract then the entire dower will be determined to be payable on demand. For this reason, the right of the wife to dower or any part of it as due under Muslim law will not be affected in any way. If the wife divorces herself, she will receive dower. Even if the wife dies, her legal heirs are entitled to receive this dower. The legal heirs can also file a suit to receive dower.
Marriage is a valid contract, where dower is a mandatory debt and the husband is bound to give it to his wife. It is a fundamental right of the wife and has to be paid during the period of marriage or at any time. If the husband fails to pay dower, the wife has the right to file a suit in the family court. The court verifies the necessary evidence and orders the husband to pay the dower to establish the wife’s rights.
During the relationship between husband and wife or even after divorce, the wife has the right to get maintenance from his husband. According to Islamic law, the husband is entitled to bear the responsibility of food, clothing, medical treatment and shelter for his wife. If the husband does not provide maintenance then the wife can file a suit in the family court. The court shall verify all the matter and gives appropriate judgments.
A suit has to be filed in the family court to claim dower, maintenance and alimony. The wife will file the suit in the learned family court under the jurisdiction of the area where the she lives.
In the case of Muslims, according to Section 9 of the Muslim Family Law Ordinance of 1961, if a husband fails to provide maintenance to his wife or wives then his wife or any of the wives can apply to the chairman for maintenance in addition to the remedy legally available. People of other religions like Hindus, Buddhists etc. can also file a suit in the court and recover maintenance from their husbands by approaching the learned courts.
In the case of Muslims, Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 states that all matters related to marriage, dower, divorce and, maintenance shall be governed by the Muslim Personal Law (Shariah).
To file a suit for dower and maintenance, the wife has to follow the below steps:
- Sending legal notice: First of all, a notice has to be sent to the husband demanding dower and maintenance demanding amicable settlement.
- File a Suit in the family court: If the matter is not resolved even after the notice, a suit has to be filed in the family court.
- Presentation of Evidence: Proof of dower agreement and husband’s financial status has to be presented.
Dower and maintenance are fundamental rights of women, which can be protected through the family court. By taking legal action, the wife can establish her rights.