This Article has been written by Mr. D.V.V Tanay Raj, a 2nd year student of Lloyd Law College, Greater Noida, Uttar Pradesh.
In India, the dowry system mostly targets non-Muslim populations. Many sociologists have not focused solely on the issue of dowries, despite its theoretical and empirical significance in the modern era.
This article, which examines the institution of dowry practiced by Indian Muslims in its varied manifestations and origins, is based on secondary source material. The historical integration of dowry customs in India from antiquity to the present is covered in this article. The word “dowry” is vague and lacks a common definition.
The term “dowry” refers to the goods and valuables the bride brings to the marriage. The term “Jahez” is typically used by Indian Muslims to refer to and justify the practice of dowry lines.
The majority of Indian weddings include dowry. The gifting of presents, money, or items to a groom or his family on behalf of the bride’s family during a marriage ceremony is known as dowry. Typically, it consists of cash, electrical equipment, furniture, bedding, crockery, clothing, jewellery, and a host of other necessities for a newlywed’s life.
In India, giving dowries is a common practice. A dower is a gift with conditions attached that is meant to be returned to the wife or her family in the event that her husband deserts her, mistreats her, or does other serious wrongdoings. In modern society, the custom of the dowry is both a blessing and a curse.
In numerous communities, dowries have been given as a kind of compensation by the bride’s family or relatives to the groom’s family for the costs the latter incurred in exchange for the bride’s wealth.
A person who demands a dowry before getting married disrespects women and demeans women in general. Young people who act in this way ought to be shunned by society. – The Mahatma Gandhi
From being a show of love for the daughter to a social threat, the dowry custom has changed significantly throughout time. Thousands of women have died in this country as a result of this terrible practice. The vile tradition of dowries has grown to an alarming extent, turning marriage from a sacred institution into a cold-blooded commercial deal.
All social classes actively practise dowries. Despite stringent guidelines, legislation, and regulations, it is practiced in all major religions.
The custom of paying a dowry is observed in many religions since it is a custom in societies where arranged marriages are common. However, the conversation around dowries has mostly been limited to non-Muslim groups such as Hindu, Sikh, Jain, and so on. People mistakenly think that the Muslim community does not practise the institution of dowry. In Muslim communities, dowries have been given and received in a variety of ways throughout various Islamic sects. The dowry system is a wicked social institution that upholds the sexual assault, torture, humiliation, and abuse of women without regard to all religions.
History and Origin of Dowry Practice :
Matrimony was an essential component of society and a holy pact throughout the Vedic era. The story of Lord Surya’s marriage to Suma or the Moon, the daughter of the Sun, opens the hymns of the Rigveda and Atharvaveda. on actuality, this particular allegory depicts a bride who, upon marriage, had a treasure box on her chariot that held the dowry. The word “dowry” (VAHATU) appears in the Vedic hymn “Marriage.” If we examine attentively, weddings in the past, such as those between Spiritual Goddesses like Subhadra (the sister of Lord Krishna), Draupadi, and Sita, had treasures in the shape of diamonds, cows, elephants, horses, and so on, which the couple would take with them when they left for their home.
Kanyadana is linked to marriage in the Vedic era. According to Dharamshastra (the Rigveda), the bridegroom’s Dakshina is a necessary component of the meritorious act of Kanyadana. Varadakshina is the name of this dakshina tradition, which is performed by the bride’s parents voluntarily and without coercion.
Bride prices were supported by a robust system found in epics such as the Mahabharata. The guardian of Gandhari, the wife of Hastinapura King Dharatrashtra, who at the time paid a high bride price, provided proof of it. In the ancient world (the Vedic era), the dower system was voluntary and born out of love and affection, so it was not viewed as a social evil. In royal households, gift-giving and receiving were customarily extravagant affairs.
Their technique was used in pre-colonial times to help women establish their social standing and self-worth. The ladies voluntarily oversee the dowry system. Giving women financial freedom was done and practiced so that they wouldn’t have to rely on their husbands after marriage.
During the pre-colonial era, the bride’s parents would bestow expensive items or cash on their daughter upon her marriage, just as they would their boys. It is noteworthy that the bride receives the priceless gifts rather than her husband and his family. The bride remained the owner of the dowry money, not the husband or his family.
The establishment of dowries was billed as a civilized endeavour during the colonial era. Land was ruled by a king before the British Raj, and it was not seen as a product that could be bought or sold. The primary reason for dowry in India was the British colonisation of Bengal permanently in 1793, under Lord Cornwallis’s reign.Private land ownership was nonexistent in India prior to British rule. The British Raj eliminated women’s rights to the valuable resources derived from the land and reduced their influence over the system. Prior to their rule, the dowry system served as a gauge of a daughter’s appreciation in her birth village rather than a groom’s right to place demands on the girl’s family.
A woman’s spouse would own all of the fortune her parents gave her in order to ensure her financial security. The British placed land properly and solely in the hands of men, and they made them pay revenues (payment). Because of one specific British Raj move, the Indian male became the predominant legal subject and the economy as a whole grew more “masculine.” This gives rise to the issue of Groom Price, another social evil.
Because they were viewed as ‘PATRIARCHAL LINEAGE’ rather than their locales throughout the British era, women were disproportionately affected by the codification of customary law. Customary laws and customs completely excluded women. As a result of the enormous social and economic upheaval caused by the British Raj, dowries are now required in India, where they are practiced exclusively by Britons. Different rules were made for different religions as a result of the divide and rule policy implemented by the British.
India had regulations predicated on geography rather than caste or religion prior to the British Raj. Since the British Raj, personal laws in India have varied based on a person’s caste or religion, and dowry customs are also influenced by religious beliefs.
Origin of Dowry Practices under Islam :
In an arranged marriage, the families of the bride and groom bargain over the transfer of assets to the groom and his family prior to the wedding. The word JAHEZ is typically used by Indian Muslims to refer to the dowry system, specifically JAHEZ E-FATIMI. The bridegroom receives the subcontinental culture known as jahez from the bride or her family.
It should be mentioned that Islam does not particularly support this culture. Jahez is typically used to refer to various presents that the bride’s parents give her in appreciation of her marriage. The institution of dowries is not specifically mentioned in Muslim law. The custom of dowries is not recognized in Islamic weddings.
It is presumed that Muslims do not practice dowry as such.
Jahez-e-fatimi is divided into two categories. The first stipulates that the bride’s parents must set up particular accommodations for the groom and his family. Islam acknowledges this as a very recent event under Jahez. Out of love and care, the bride’s parents offer her a few items. Muslims are admonished not to go overboard when it comes to dowries by Muslim ulema, or theologians, in their sacred scriptures, the Quran. Muslim theologians gave legitimacy to the dowry system, which encourages parents to give their children possessions as tokens of their love and favour. Since Prophet Muhammad gave the bride-to-be the necessary items to begin her married life at the wedding of her daughter, there is no specific evidence to support the belief that dowries are practiced among Arabs.
The second component of Jahez is a form of dowry custom that has nothing to do with Islam; yet, Muslims adhere to it in accordance with social norms and values that were primarily created by the Hindu community. The states of Karnataka, Andhra Pradesh, Kerala, Maharashtra, and Tamil Nadu are the main locations where it is practiced. Islam does not adhere to the dowry system. Although it is acceptable in Islam for parents to present presents to their daughter, this is not an Islamic custom or culture.
Nature and Concept of Islamic Marriage :
Islam views a marriage as a legal contract between a bride and husband. Islam refers to marriage as a “legal contract,” or “nikah.”It is described as Mithaqun Ghalithun in the Quran. Nikah refers to the legal and physical union of a husband and wife, or a bride and groom.
The word Zawj, which means pair, is used in the Quran. Islam views marriage as a significant aspect of life because it satisfies the needs of proper childrearing, harmonious relationships, companionship, and relationship fulfilment.
Islam advises that marriage is a vital and essential aspect of life. The Quran states that a husband has accomplished half of his religious obligations if he successfully completes his marriage. It is regarded by many Muslim scholars as a Naflor Mubah, which means better. However, numerous scholars have also stated in their writings on Islam that a husband should not be obeyed if he fails to provide for his wife’s needs or the upkeep of his wife and children.
Important Components of Marriage :
[1] Capacity
[2] Essentials of Marriage
[3] Effect of Marriage
[1] Capacity : Important points of capacity are listed in the order described below:
Islamic marriage stipulates that a husband must be of sound mind and have reached puberty (becoming an adult and understanding sexual relations).
According to the Quran, it will be assumed that a person is 15 years old if there is no proof or indication of puberty.
Marriage contracts can be signed by minors provided their guardians approve of them.
Marriage shall be null and void if consent and acceptance are not provided by free and proper ways.
[2] Essentials of Marriage : There are a few crucial requirements that must be met:
One party should make the proposal, and another party should accept it. If we apply this to the Islamic context, one side should make the Ijab (proposal) and the other side should give the Qubul (acceptance).
Both the proposal and the acceptance should be made clearly. The parties need to be capable. The parties ought to be legally related to one another. In Islamic marriages, the presence of two or three male or female witnesses is required since it serves as crucial proof of the union.Muslim scholars must be present when a marriage is initiated. Written proof or evidence is not required. Consent ought to be freely given.
[3] Effect of Marriage: In an Islamic marriage, there are legal duties and obligations that must be fulfilled:
Wife is able to obtain Mahr. Wives are entitled to get their money back (dower) from their husbands’ property or guardians.Wives have the right to get maintenance from their husbands in a reasonable way.It is important for husband and wife to have reciprocal sexual relations.It should not be carried out using coercion or any other kind of force.
The succession right ought to be upheld.
Women are not allowed to marry during the Iddat period, which is after a divorce or a husband’s death.
Islamic law does not grant husband and wife any rights with relation to property. They are not allowed to meddle in each other’s property affairs.
Different Aspect of Marriage in Islam :
Authentic Matrimony or Sahih:
Islam states that a marriage is lawful only if all requirements are met, including the women’s maintenance rights, the mahr (amount of money provided to the wife after marriage), the requirement that consent be freely given, and the requirement that mutual relations be had.Husband and wife must fulfil their obligations in a correct and organised manner.
Fasid, or irregular marriage: An irregular marriage is one in which one of the parties dissolves the union.The party has terminated this because to the failure to fulfil its obligations and rights.
These marriages end in divorce for the following reasons:
Should a marriage take place without a witness. If the spouse gets married for the sixth time to a woman.The Quran mentions that a husband may wed a fourth woman.
Getting married during the Iddat era: Married a fire worshipper after her husband’s death or divorce.
Void marriage or Batil : Marriages that are void, also known as Batil, occur when there is no valid relationship between the partners.There are no legal relationships, obligations, or rights established between the couples in this kind of marriage.These kinds of unions are illegal right from the start.
Factors of Void Marriage :
If a marriage is consummated through any illegal means, including compulsion, undue influence, or force.
Consanguinity will be the reason for the nullity of a marriage.Stated otherwise, a marriage between a husband and a woman who is descended from the same ancestor is null and void.
Null and void based on affinity
Fosterage will render a marriage null and void.
The reason for the nullity of the marriage is the husband’s plurality.
Case Laws of Islamic Marriage :
Salima and Others v. Abdul Kadir (1886) :
The nature and effects of Islamic marriage, women’s maintenance rights, Mahr (dower money), and matrimonial rights are all taken into consideration by the court in this case.This is a crucial case for Islam in terms of the meaning and consequences of marriage.
Shamim Ara versus the U.P. State:
The court decided that the husband in this case is responsible for providing maintenance to his wife and kids. This is a crucial case involving maintenance rights in Islamic law.
Difference between The Hindu And Muslims Institution Of Dowry:
Hindu marriages heavily rely on the custom of the dowry. Hindu parents are required to offer presents or valuables to the groom’s family in the form of dowry on a number of occasions other than marriage.
In general, society has noticed that the daughter always ends up being a burden on the family because the daughter’s dowry-related obligations have imprisoned the bride’s father for life. Hinduism gives this wicked social activity additional dimensions. By citing conventions and rituals, they gave legitimacy to this activity.
Once the marriage was set in stone, the father was required to present the groom’s family with presents and items at any pre-marriage festivals such as TEEZ, DIWALI, HOLI, MAKKAR SAKRANTI, KARWA CHAUTH, SINDHARA, NEW YEAR, etc. It was demonstrated at MAHESHWARI and BANIYA that these festivals are very significant and that the bride’s family gives the groom’s family the dowry directly. It was noted that in certain castes, the groom’s family stipulates items and gifts for every member of the family and ancestors before to marriage, which parents are required to provide their daughters for the rest of their lives. There are plenty of events outside of marriage that cause the bride’s parents anxiety rather than happiness.
Childbirth: Having children gives the husband’s family a reason to demand a higher income. According to Indian customs, a bride’s family had to give her gold, jewellery, or other valuables. For the sake of conventions, the bride’s parents must abide by the groom’s family’s requests upon the birth of the kid. It was a significant financial burden for the parents because, typically, demands are made for toys, clothes, and other items for the groom’s family members as well as for a gold chain, ring, and nose pin for the kid’s mother and silver as a (KANGANA) of the child.
The father of the bride or any guardian would visit her home on holidays like DEEPAWALI and HOLI bringing gifts, candies, crackers, and other items that are thought of as dowry. Every time her daughter goes to visit her parents, she has to bring clothes and presents for her in-laws. In India, it is a required practice.
Prayojan: This is a Hindu caste practice that is particularly prevalent among the BANIYAS. It was a ceremony where the bride’s daughter got her ears pierced. The bride’s parents present the groom’s family with a number of priceless presents during this ceremony. It was seen as a significant function, much like marriage. It was another custom of dowry, usually costing the bride’s parents between Rs. 100,000 and Rs. 300,000.
With the exception of West Bengal and Assam, the conservative MITAKSHARA School of Law is followed across India. It is a common observation in society that a woman’s relationship with her family, particularly her brothers, becomes toxic if she demands a piece of the familial property. Families often sever all ties with their daughters if the ladies want a portion of their parents’ possessions. It has been noted that women do not seek a portion of the family’s estate from their parents, and that they also make a lifelong commitment to provide for their daughter’s necessities, including clothing and food, as well as a dowry at the time of marriage.
This is the main justification for why Hindus still adhere to the dowry system. It appears that the method for giving preference to the daughter with a large dowry was implemented in order to get beyond the restrictions set by the Mitakshara Law.
Indian Muslims’ use of dower has grown recently as a result of their hedonistic and consumerist culture and copying of Hindu customs. The custom of dowries was imported by numerous Muslim nations from Indian culture. Although it was formerly believed that Muslims did not adhere to the dowry system, Muslim women are currently victims of the practice, but there have only been a small number of documented incidents.
Muslim grooms are prohibited by the Quran from asking the bride’s family for a dowry. The money that the husband gives the wife to support her after a divorce is known as MAHR. Mahr is intended to demonstrate the extent of her husband’s devotion to and concern for his wife. In the event that the bride’s spouse files for divorce and leaves her without a means of support, mahr acts as a safety net for her.
A woman’s mahr is a gauge of her social status, whereas a dowry is a gift given to the groom or his family by the bride’s family. Mahr is Dowry’s Arabic name. This is the opposite of the traditional dowry arrangement, where the husband gives the girl cash in exchange for some expensive goods. The bride’s family has the duty of providing a dowry, but in a Mahr, the man is free to offer whatever he can afford, and the woman is expected to accept whatever she receives with happiness.
According to the Quran, marriage requires dowry (Mahr) (NIKAH). Because MAHR is required by the Quran, Muslim men are obligated to treat their wives with happiness when they give them money, a practice known as FAREEDAH. However, as both Mahr and dowry are given in exchange for the safety and well-being of women, they are currently regarded as dowries. Indian culture and customs have a significant influence on the Muslim institution of dowrying. Similar to Hinduism, Islam has festivals and occasions like EID and MOHARRAM when the bride’s family is expected to provide a variety of priceless items.
Problems in Eradicating The Institutions Of Dowry In India :
Divergent perspectives exist about the institution of dowries. It comprises gifts given to the bride-in-laws or her husband’s family, as well as gifts presented to the bride and groom prior to marriage. By taking into account the current situation, dowry is legitimised in a way that the bride’s family pays the dowry in cash, furniture, and other items without the groom’s family making demands, or in another way it was implied that the bride’s family pays the dowry in cash, thinking it is their duty or responsibility.
One of the main reasons dowries are still used in India today, despite laws and restrictions, is that the institution is valued for its social standing and reputation. If we examine the Dowry Prohibition Act of 1960 attentively, we will see that the definition of dowry is fairly restrictive and does not include any presents that are given voluntarily when the groom makes no demands. When it comes to expressing dowry demands without saying them out loud, this behaviour has given rise to an entirely new lexicon. It provides the groom’s family with legal protection while also allowing them to obtain dowry.
Conversely, studies have shown that the institution of dowry and a woman’s level of qualification are positively correlated. Women who are more financially independent and earn higher salaries tend to fetch lower prices since they are seen as assets by the groom’s family. The bride’s salary and compensation become the property of the groom’s family after marriage. There have been rumours that the dowry requested in these situations might be lower. Women’s education causes another issue: as they become more educated, they become more interested in grooms who are more qualified than they are. Because of the increased demand for these grooms on the marriage market, their prices have increased. This is the novel issue in the present situation.
REFERENCES :
[1] (2019, January 15) Ameer Ali, Mahomedan Law, Students, 7th Ed.,
[2] 97 Grades Fixer Dowry system in India. taken from June 18, 2020, India’s Dowry System: https://gradesfixer.com/free-essay-examples
[3] Dowry customs and beliefs among Indian Muslims Abdul Waheed, Gender Studies in India 16 (1), 2009, 47–75
[4] The dowry and brideprice economies, Anderson Siwan, Journal of Economic Perspectives 21 (4), 2007: 151–174
[5] http://en.reset.org/knowledge/dowry-systems
[6] What is the difference between Daya Bhaga and Mitakshara in Hindu law?
[7] http://www.differencebetween.net/miscellaneous/religion-miscellaneous/
This essay examines the religious system’s analysis of the dower system. Salima, Abdul Kadir, 1886, 8 Allahabad, 144 at p. 154
[8] The present article describes how the British established the dowry system in Punjab-1.aspx.
[9] The prevalence and evolution of thedowry in India—a topic on social identity—can be found at https://www.ideasforindia.in.
[10] Dowry System Essay: https://www.pteexampreparation.com/essays/
http://www.jstor.org/stable/43950234 with sequence number
http://www.legalbites.in/Muslim-law/dower-mahr
Article Six of the International Covenant on Civil and Political Rights: Dowry Death: A Violation of the Right to Life (AK Carlson-Whitley – U. Puget Sound L. Rev., 1993 ◽ HeinOnline)
[11] The trend of the Indian Dowry System is changing, according to a project at Pulitzer Centre.
Dowry System: https://www.slideshare.net/mobile/kusumparmar33
http://asiatica.org/jsaws/vol2_no4/Indian-scriptures-and-dowry-and-bride-burning: the Hindu marriage system
Islam and sexual ethics: feminist insights on the Qur’an, hadith, and legal precedents (K Ali – 2016 – books.google.com)