Muslim Law McQ

In the absence of a specified amount, the court determines a suitable dower based on the wife's social standing, comparing her with women of similar background.

If a marriage is declared void before sexual intercourse, the wife receives no dower. This is because the marriage is considered incomplete and lacking the key element of marital union.

The court or a qualified Islamic judge (Qazi) has the authority to decide the appropriate dower amount when no specific amount is agreed upon.

If the husband dies before paying the dower, the unpaid amount becomes a debt against his estate that must be paid to his wife.

The dower paid in case of divorce before sexual intercourse is half of the initially agreed amount.

If a wife willingly waives her right to dower, her decision is binding. However, it's important that she makes this decision voluntarily without any undue influence.

Section 5 of the Muslim Family Laws Ordinance, 1961, governs the rules regarding dower in Bangladesh.

Prophet Muhammad's (PBUH) marriage without specifying a dower emphasized the importance of simplicity and focus on the true essence of the marriage contract, rather than material possessions.

If a husband divorces his wife without paying her dower, the dower amount becomes a debt on the husband's estate. This means the wife can claim the dower even after the divorce.

Full dower is payable to the wife upon consummation of the marriage. This means the wife receives the full agreed-upon dower amount after having sexual relations with her husband.

If the marriage is dissolved before consummation, the wife is entitled to half of the agreed-upon dower amount. This is a way to protect the wife's rights in situations where the marriage does not progress.

If a marriage is declared void due to invalidity, the wife is entitled to a reasonable dower, or Mehr-ul-Mithl. This is calculated based on customary dower amounts in the community, considering factors like the husband's financial status and the wife's family background.

The amount of customary dower (Mehr-ul-Mithl) is determined by considering the husband's financial status and the wife's family background and social status. The court may also take these factors into account when deciding on the amount.

A widow can retain her deceased husband's property as security for unpaid dower if the dower was deferred and remains unpaid. This allows her to claim the owed money even if the husband has passed away.

The primary purpose of maintenance (nafaqah) under Islamic law is to ensure financial security for the wife and children. This provides essential support during the marriage and after divorce.

In Islamic law, the father is responsible for the maintenance of his children. This includes providing for their basic needs like food, clothing, and education.

The collective consensus of Muslim scholars on a matter of Islamic law, considered binding.

A period of one year of continuous impotence is required for a wife to seek divorce under the 1939 Act.

The practice of following a particular Islamic scholar's interpretations of Islamic law without independent reasoning.

A source of Islamic law that uses analogy or reasoning by comparing a new situation to existing rulings.

Faskh in Islamic law refers to the termination of marriage through a court order.

Section 7(4) of the Muslim Family Laws Ordinance mandates arbitration before a divorce becomes effective.

The practice of deriving legal rulings based on the traditions of the Prophet Muhammad's companions in Medina.

The concept of 'public good' or 'welfare' as a factor in Islamic legal decision-making.

In the case of Safura Khatun v. Osman Gani Mulla, it was held that the wife could invoke Talaq-e-Tafwid for the husband's failure to pay maintenance.

A method in Islamic jurisprudence where a jurist uses personal preference or discretion to issue a ruling based on equity.

Chapter IV, Verse 35 of the Quran provides the justification for appointing arbitrators during marital disputes.

A legal procedure in Islamic law where a wife can seek a court order to have her husband return to cohabitation, aiming to restore marital harmony.

A persistent failure by the husband to fulfill marital obligations for two or more years is a valid ground for divorce under the Dissolution of Muslim Marriages Act, 1939.

In the case of Ali Newaz Gardezi v. Md. Yusuf, the court held that the husband is deemed to have revoked the Talaq if the notice is not served properly.

A legal requirement for a valid marriage to be considered complete and binding under Islamic law.

In the case of Sirajul Islam v. Helana Begum, the High Court Division ruled that non-service of notice to the Chairman does not invalidate the divorce.

The Muslim Marriage and Divorce Act, passed in 1974, mandates the registration of all Muslim marriages in Bangladesh.

This act was passed in 1974 and focuses on the legal aspects of Muslim marriages and divorces in Bangladesh. It provides a framework for various aspects like registration, divorce, and polygamy.

In Islamic law, a muta marriage is a temporary marriage with a pre-defined duration. Once the period ends, the marriage automatically dissolves without the need for a formal divorce.

In a muta marriage, if the marriage is not consummated (no sexual intercourse), the woman is entitled to half of the agreed-upon dower (gift) from her husband. This emphasizes that even without consummation, there's value in the contract.

If a man already has four wives, according to Islamic law, marrying a fifth wife is considered irregular and not permissible. The act does not nullify the marriage, making it irregular but not void.

Under Islamic law, the father is primarily responsible for giving permission for his daughter's marriage. However, in their absence, the mother assumes the right to give consent.

According to Islamic law, a marriage that lacks proper witnesses is considered valid. Though it is important for documentation and acceptance of the marriage, lacking witnesses doesn't invalidate the marriage.

If a Shia man desires to enter into a temporary marriage (Muta) with someone, the person must be a Muslim woman. This means he cannot contract a muta marriage with someone from another religion.

A legal principle that forms the basis for restitution of conjugal rights. It encompasses the essential unity and companionship between a husband and wife.

The Family Court Act 2023 in Bangladesh expressly acknowledges the legal right of Muslim wives to petition for restitution of conjugal rights.

A wife's refusal to cohabit because her husband has not paid the prompt dower (a part of the dower payable at the time of marriage) is considered a valid reason to oppose a decree of restitution.

This principle is central to restitution of conjugal rights and emphasizes the legal equality of spouses within a marriage.