Abstract
In Sanskrit Dower is referred to as yautaka, or the material gifts of money or goods that confirm the union of those who are yuta or joined together in matrimony. In arsha form of marriage in ancient India a girl was given away on her father receiving a bride price called sulka, which was a form of compensation to the girl’s parents for the loss of their daughter. In another form the bride’s father received a pair of kine. The custom fell in to disuse by about the early middle ages, when it came to be regarded as disputable, but it is still practiced clandestinely where, for example a wealthy old man who desires a young bride will pay her father a large sum of money as a settlement for his daughter. In Islam Dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage. All schools of law agreed that the dower is one of the conditions of validity of marriage and an agreement to forgo it is not permitted. They based this ruling on the Qur’an verses: And give unto the women [whom you marry] a free gift of their marriage portions (saduqat) and so wed them by permission of their folk, and give unto them their portions (ujurabunn) in kindness (4:4). Here the command to give the wives their saduqat and ujur, translated as marriage portions and portions respectively.
Keyword(s)
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