Dower in Mahommedan law is in the nature of a gift from the husband to
the wife on the marriage, like the _donatio propter nuptias_ of the
Roman law, or the _morgengabe_ of Teutonic nations. It may be either
"prompt," that is, payable at once, or the payment of it may be
deferred, or it may be partly the one and partly the other. The amount
of the dower and the time of payment ought to be settled by agreement
before the marriage takes place; if this is not done there is some
trouble in ascertaining the rights of the parties. It seems clear that a
woman is entitled as a matter of right to what is called a "proper
dower" if the dower is payable at once the woman may, before
consummation, refuse herself to her husband unless it is paid; whether
she can do so after consummation is doubtful. If the husband
capriciously repudiates the wife before consummation, or the wife before
consummation repudiates the husband for his misconduct, then half the
dower agreed on must be paid. If it is her misconduct which has caused
the repudiation, she is not entitled to anything. Deferred dower becomes
payable on the dissolution of the marriage either by death or by
divorce. Probably a judge, when called upon to dissolve or annul a
marriage, could make reasonable stipulations as to the dower. The dower
is the wife's own property, and, as the wife is entirely independent of
the husband in regard to her property, she can sue him or his
representatives for the dower like any other creditor. Mahommedans
generally before marriage enter into a formal contract which regulates
not only the dower, but various other matters under the control of the
parties, such as the visits the wife is to pay or receive, the amount of
liberty which she is to have and so forth.
Pre-emption.
The right of pre-emption under Mahommedan law is the right of a third
person, in certain circumstances, to step in and take the place of a
buyer, at the same price and on the same conditions as the buyer has
purchased. It applies only to the purchase of real property, and it can
only be exercised upon one of the three following grounds: (1) That the
claimant is owner of property contiguous to that sold; (2) that he is a
co-sharer in the property of which a share is being sold; (3) that he is
a participator in some right over the property, such, for example, as a
right of way over it. The claimant must announce his claim as soon as he
hears of the sale, and he must follow up this announcement by a further
claim in the presence of witnesses and of the seller, or, if possession
has been transferred, of the buyer.
Shiah System.
Public-domain text, read in full here on John Shaqi.
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