Woman in Islamic Shari‘ah
9. Dowry
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9. DOWRY
THE CUSTOM OF DOWRY IS NOT ISLAMIC
THE CUSTOM of giving dowry — a practice which
has never been sanctioned by Islam — is greatly on
the increase among the Muslims of India and
Pakistan. As this custom is not prevalent among the
Muslims of other countries, it seems quite clear that it
has been borrowed by Indian and Pakistani Muslims
from the Hindus of the sub-continent. The latter, in
accordance with their ancient law, did not give their
daughters any share in the family property, but on
the occasion of their marriage — as a measure of
compensation — they gave them dowries, part of
which took the form of household goods.
In imitating this Hindu custom in India, Muslims
are denying their daughters their rightful share in
the family property to which they are entitled under
Islamic law. The practice of “compensating” for this
by giving them wedding presents and labelling
these
jahaz
or “dowry” (
jahez
in Urdu) is, in reality,
a deliberate evasion of the Islamic law of
inheritance.
