Dowry among Muslims in Bihar

Author(s): Nehal Ashraf

Source: Economic and Political Weekly, Vol. 32, No. 52 (Dec. 27, 1997 - Jan. 2, 1998), pp.
3310-3311
Published by: Economic and Political Weekly
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Dowry among Muslims in Bihar

Nehal Ashraf

Dowry system was not known to Muslim society, as it does notfind

any place in Islamic 'Shariah'. But in course of time, Muslims have
changed their character and are not at par with their Hindu
counterparts in demanding and offering dowry both in heavy cash

and kind. The increasing incidence of dowry deaths among Muslims is

only a reflection of its growth in the society as a whole.

daughter, and it may not become a source

of exploitation by the groom side. The prophet

was a model for the entire Islamic world.
Dowry system was not known to the
Muslim society; it did not find any place in
Islamic Shaniah or Sunnah. Those who claim
to be the follower of prophet of Islam, should
not claim dowry. Claim of dowry from the

bride's party is a kind of exploitation, and

Islam stands agaisnt all sorts of exploitation.
Islam has given women an edge over their
husbands insofar as it was obligatory on the
part of the bridegroom to pay meher and
maintain wife and the children in a decent
way.

IN Islam marriage is looked upon as essential certain rights upon the two partners. It is a
for both men and women. It is sunnah and
formal declaration ofthe terms ofthe wedlock
But in course of time, Muslims are vying
is regarded as an obligation to be fulfilled,
in the presence of at least two witnesses. The
with their Hindu counterparts in demanding
even the founderof this religion, the prophet, prophet of Islam said, 'An-Nikaha Sunnati',
and offering dowry both in heavy cash and
enjoyed the pleasures of domestic life. The
i e, the contract of marriage is my tradition.
kind, as well as landed property, etc. The
religious texts of Islam make it obligatory
He furthersaid, "one who is inclined towards
practice of harassing brides in the name of
for man to get his sisters and daughters
my tradition, he is from me, and inclination
dowry is not specific to certain (upper caste
married. The birth of a daughter in a Muslimtowards my tradition is inclination towards
well-to-do) sections among Hindus but have
family is welcome mainly because there is
God". This tradition shows the importance
spread to other castes, economic strata, even
a saying of the prophet that a man who bringsof conjugal life and family in Islam.
to people from other religions which have
up three or two daughters or sisters, teaches
Nikah is conditioned by 'meher' and
no basis for the practice in their personal law
them etiquette and showers kindness on them maintenance. While meher is the amount of
in the first place.
is entitled to paradise. It is the prophet's
money payable at the time of Nikah, mainten- Marriage of children is an important social
word quoted by Aby Dewood from Ibne ance is a recurring obligation. If meher is
duty of parents. There is an exchange of gifts
Abbas that one who has a daughter whom
not paid at the time of Nikah, it will remain
between two families. It has become an
he does not harass or insult and does not
as a debt on the husband and is recoverable
established custom in India for many
prefer his son to her will be given paradise from him or his property any time during
centuries. Traditionally, rich and well-to-do
orafterhis death. In otherwords, it is a 'debt- families not only gave the bride as a gift at
by God. The girls are never a liability for
their parents. The father is usually proud of on call' payable on demand by the wife.
the time of marriage but also accompanied
his daughter in the sense that he has never
Maintenance is also an unquestionable right
her with small gifts in cash and/or ornaments.
to go looking for a groom, instead the boys' of wife recoverable from him at all time
These gifts were not called dowry in those
fathers have to actually look for suitable
through legal process. The wife may even
days as they were presented after the marriage
brides and send their offer. This is referredrefuse to take her abode with her husband
and as a mark of affection and love. As long
if he has not paid meher at the time of Nikah. as dowry was voluntary, it was not a financial
to as 'rishta' in which the boy's party expresses a desire for marrying their son to
If anybody thinks that meher is not a debt,
burden. From the medieval period however,
somebody's daughter. This is either done in his Nikah is void. According to the prophet
dowry demands have increased significantly
writing or verbally. In both the cases the
such payment is a token of man's respect
in many parts of the country. By the late 1 9th
groom's party present themselves humbly.
for his wife and meant the realisation that
century, the custom of dowry payment had
Thus, in Muslim families, fathers wait for
she was not someone who came to him for
slowly spread to lower castes and
nothing. It was meant to give her status and
the rishta whentheirdaughterscomeof age.
subsequently became a prestige issue.
In Islamic law a marriage can be lawfully to raise her esteem in the eyes of her husband Unfortunately, after independence and
performed when both parties attain puberty. and the world. The meher has become an inte- especially after the abolition of zamindari,
The prophet himself regarded marriage more gral part of the Muslim marriage and is men- dowry demands have crept into all sections
than a means of producing progeny and
tioned in Nikhahnama, the certificate which of the Muslim society. The dowry system
assuring the continuance of the human race.the couple receive at the time of marriage.
has not only become a problem in settling
"Marry", he is reported to have said "to
It is usually asserted that the meher is a
the marriage but has also provided an avenue
for some affluent families to show off and
good security for the women in case of my
enjoy their (women's) love and to beget
children". Marriage thus made husband and
difficulties in her marital life, as when she
enhance their social status. Dowry system
wife not only partners in the venture of
is divorced, the mehermoney has to be given is the creation of the affluent and they are
raising a family but also full sexual partners to her.
raising the rate day by day making difficult
giving and receiving pleasure. If a girl is
The bride and the bridegroom need a new
for the poor stratum of the Muslim society.
given in marriage without her consent, the
home after marriage which either the girl's There is a competition among the rich and
marriage will be considered null and void,
parents, or the boyy's parents can help to esta- well-to-do section of the Muslim community
and the girl has the right to have it annulled. blish by providingcash orhousehold articles. to reserve a good match for their daughters
Marriage is an important aspect of Muslim The prophet married his daughter to Hazarat whatever the demand. The girl's parents
Ali and gave her a mattress of palm leaves,
want to buy a good future for their daughters.
society. Every normal being is encouraged
a sheet of camel leather and a bedsheet
to marry for the continuation of society.
Education has hardly any liberalising
of yemen, besides an earthen 'iota' and a
Islam does not permit celibacy. 'Nikah' is
influence on the minds of the people in
the first and the basic ceremony, without
'chakki'. These were all which the prophetrespect of dowry. On the contrary, education
which marriage cannot be said to be legitimate gave in 'jahez' to his daughter, Shahzadi
has raised dowry expectation. A highly
and lawful. According to the Islamic law.
Bibi Fatima. The jahez given by him to his
educated man expects a higher amount of
Nikah is a contract of union between two
daughter shows that the prophet wanted to dowry. Now the poor families are also in
strangers of opposite sexes which legalises
keep the level of jahez so low that even the
support of dowry system, because without
their sexual intercourse and mutual coexispoorest of his followers may not feel bothered offering dowry or fulfilling the demands of
tence and imposes certain duties and confers or exploited at the time of marriage of his
the groom it is very difficult if not impossible,

3310 Economic and Political Weekly December 27, 1997

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into the ring was 'why are these people

is only a reflection of its growth in the
talking about our laws. Let them first take
society as a whole. It is also an affirmation
a look at their own society. At least we don't of the fact that hardly any section of society
burn our women"'.
remains removed from the grasping fingers
Wife battering and torture have always
of dowry demands. The practice is increaand differs in different regions and in different been indulged in by man in a male-dominated singly cutting across caste, creed, religious
society. Even the Muslim man comes from
caste/class. There are more or less well
and class barriers. Despite law, the practice
the same society and would hardly be so
defined rates of dowry for bridegrooms
of dowry is going on unabated. What can
righteous as to not do this. But burning of
belonging to different professions.
be done to prevent dowry violence and crimes
women has been a rare occurrence in
Though dowry has been widely prevalent
related to dowry? It is true that the Shariat
among Muslims in Bihar, "dowry deaths
comparison to Hindus because the Muslim
alone cannot prevent dowry violence and its
were relatively unknown". It is only over the
has recourse to 'talaq', a provision in Islam
related crimes. What is needed is that women
much misused by Indian Muslim men.
last four or five years that such incidents
have to liberatethem"zlves through a process
In the past whatever few cases of suicide
have been coming to light. Although data
of struggle against the domination of men
available on the topic is inadequate, a glance or death might have taken place were covered asIslamhastaughtwhatshoul.dbetherelation
at media reports over the years makes it
up. But today, women are coming out with
of the sexes upon which the whole character
their problems in the open. Dowry has no
amply evident that no longer are Hindu
of a nation's life depends. A belief that is
women alone victims of dowry-related
place in Shariat. On the contrary the
prevalent among Indian Muslims about the
violence; it is taking place among Muslims
bridegroom has to give meher to the girl.
inferiority of woman, that the mental capaas well. There is no doubt that the incidence Theoretically, meher is supposed to be under
cities of both sexes are not equal, and man
of dowry deaths among Muslims is much
the sole control of the women. In reality,
on an average is superior to woman, is not
lowerin absolutenumber, yettheiroccurrence however, the amount paid as meher in many based on the teaching of Islam. If the incan no longer be described as a "stray
instances, is negligible and paid merely as
feriority of woman be wrongly imputed to
incident" or "an isolated case".
a mandatory prerequisite for a valid Muslim
Islam because of the custom of seclusion of
A few cases of bride burning among
marriage. It can be even as low as Rs 1,001,
woman prevailing among the Muslims, it is
hardly a sum which will secure a woman's
Muslims in Bihar are cited here for illustranothing more than a silly argument. The
tion. It is based on the local newspaper reports.
future in this day and age. Often too dowry
prophet laid down very explicit and specific
demands far exceed meher which makes the
Case 1: Abdul Rquib of Budh Boyar,
rules regarding the conduct of women, but
whole exercise meaningless. Besides dowry
Bhurkunda has alleged that his daughter,
at the same time he granted to women the
Mothalat, was burnt to death by her in-laws or gifts, the bride's parents have to spend
liberty to face the world without a veil, when
at Ambatand in Giridih district for not
much more than the bridegroom's parents
needed. However, the prophet's teachings
bringing sufficient dowry. Mohalat was
do for the celebration of the marital alliance. were misinterpreted by various religious
married to Md Moin Akhtar of Ambatand
All these transactions form a part of the
authorities, who distorted the facts and made
on April 14 this year. In an FIR lodged with marriage ceremony and the expenses have
purdah for women compulsory under all
the Giridih police, copies of which were
to be borne by the bride's family. By and
circumstances. Any transgression of purdah
released to the press, Rquib alleged that everlarge, this is an unidirectional transaction.
meant an anti-religious act. However, the
since marriage, girl's in-laws had been
Apart from these, we also have cases of
purdah customs have varied from time to
harassing her for not bringing sufficient
brides who are constantly harassed physicallytime and from country to country.
dowry. Her husband Md Moi n Akhtar, fatheror mentally for failure to bring sufficient
The pages of Islamic history bear testimony
in-law, Zubair, mother-in-law and sister-in- dowry. Though no formal survey has been
to the fact that almost to the end of the 12th
law aremade accused in the case ('Girl burnt made on the score, not less than 2,000
century women and man inter-mixed with
to death fordowry', Hindustan Times (Patna),applications of women are pending before
each other, woman moving with dignity and
June 24, 1993, p 4-Ill).
the Imarat Sharia, Phulwari Sharif, seeking self-respect and man displaying a chivalrous
Case 2: Mashraf Jahan, a resident of
to get their marriages dissolved as Muslim
veneration towards her. In the reunions and
women have as such right as men, to get out concerts she was a leading figure and
Chitkohra in Patna district lodged an FIR
with Gardanibagh police station against Md
of an unhappy marriage through 'Khula'.
performed her part admirably. She received
Sohail, an assistant engineer (irrigation)
Many of these applicants have complained
visitors even in the absence of the male
posted at Siwan, charging him with
to the religious heads of the constant torture members of the family for "the chastity of
abandoning her daughter for the latterbydid
their husbands for the sake of dowry and the woman of the clan was reckoned only
not pay Rs 50,000 promised as dowry.
gifts. Maulana Mujahidul Islam, head kazi
next to the valour and generosity of man".
('Dowry case against engineer', Hindustan
of the Imarat Sharia told that increasing
She was free to choose her husband and to
Times (Patna), June 20, 1993, p 3-IlI).
number of applications seeking to dissolve
bind him to have no other wife than herself.
Case 3: Md Ayub, an executive engineer
their marriages in the last two years have
'Talaq-be-Tafwiz' (by delegation) is an
posted at Motihari was arrested by the townforced the religious leaders and Muslim
example of this privilege.
police following acriminal case filed against intellectuals of Bihar to sound a warning
There is a need to bring change in the
him and his family membersby his 'samdhi', note to Muslims to desist from such practicesstructure of the present-day Muslim society,
A K Kaifi, advocate under the dowry act
in future and not to fall prey to the evils that
to make woman economically sound as Islam
('Engineerheldunderdowry act', Hindustan
have gripped the Hindu community of late. has allowed a woman to get rid of her tyrant
Times, (Patna), June 24, 1988, p 4-1).
If this is not done the dowry death and
and indecent husband by foregoing her
These are just examples from those cases
burning of brides among Muslims would
meher, and treat them as equal members of
which are reported in the media. There still
become common ('Muslims asked not to
the society. Muslim woman have to revolt
remain countless others which do not come
take dowry', The Times of India (Patna),
against the ignominious position in the
to the notice of the media or the police or
April 2, 1992, p 2).
society. And this will only happen when
the women's organisations.
It is worth mentioning that the Imarat
women recognise their own strength, and
Recalls onewoman activist, "Atthe height
Sharia, Phulwari Sharif and Idara Shariah,
recognise that she is man's support and
of the Shah Bano controversy between
Sultanganj, Patna happen to be the only
foundation. By eating the remnants of the
Muslim fundamentalists and others
courts that deal with such cases in this region.
family food, how can a woman expect to
(including those from other communities),
The increase or the onset of the
eamn a man's respect? She must first learn
the common rhetoric thrown like a challenge
phenomenon of dowry death among Muslims
to respect herself.

to get even an ordinary match for poor girls.

The settlement of dowry has all the
characteristics of a market transaction. Its
rate is always on the increase. It depends on
the socio-economic status of the bridegroom

Economic and Political Weekly December 27, 1997 3311

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